The Electricity Act 1989 (Uniform Prices in the North of Scotland) Order 2005

Statutory Instruments

2005 No. 490

ELECTRICITY

The Electricity Act 1989 (Uniform Prices in the North of Scotland) Order 2005

Made

5th March 2005

Laid before Parliament

8th March 2005

Coming into force

1st April 2005

The Secretary of State, in exercise of the power conferred on her by section 7B of the Electricity Act 1989(1) (“the 1989 Act”), hereby makes the following Order:—

Citation and Commencement

1.  This Order may be cited as the Electricity Act 1989 (Uniform Prices in the North of Scotland) Order 2005 and shall come into force on 1st April 2005.

Interpretation

2.  In this Order—

“deposited maps” means the maps numbered 1 to 10 prepared in duplicate and marked “The Electricity Act 1989 (Uniform Prices in the North of Scotland) Order 2005” and deposited at the Department of Trade and Industry and at the office of the Gas and Electricity Markets Authority;

“domestic customer” means a person supplied or requiring to be supplied with electricity at domestic premises (but excluding such a person in so far as he is supplied or requires to be supplied at premises other than domestic premises);

“domestic premises” means premises at which a supply is taken wholly or mainly for domestic purposes; and

“North of Scotland” means the area described in the Schedule to this Order and shown on the deposited maps.

Prices in respect of supply

3.  A holder of a supply licence shall ensure that the prices which it charges, in respect of a comparable supply of electricity to a domestic customer at any domestic premises in any part of the North of Scotland, do not take into account the geographical location within that area of the premises.

Use of distribution system charges

4.  A holder of a distribution licence which authorises it to distribute electricity in any part of the North of Scotland shall ensure that the charges payable by a supplier for use of its distribution system for the purpose of supplying any domestic premises in that area do not take into account the geographical location within that area of the premises.

Use of transmission system charges

5.  A holder of a transmission licence which authorises it to participate in the transmission(2) of electricity in any part of the North of Scotland shall ensure that the charges payable by a supplier for use of its transmission system for the purpose of supplying any domestic premises in that area do not take into account the geographical location within that area of the premises.

Mike O'Brien

Minister of State for Energy and E-Commerce,

Department of Trade and Industry

5th March 2005

SCHEDULE Description of Area

1.  Aberdeen City local authority region.

2.  Aberdeenshire local authority region.

3.  Angus local authority region.

4.  Argyll and Bute local authority region, except that part of the region around Cardross, Helensburgh, Craigendoran, Wester Auchdennan, Garelochhead, Kilcreggan, Cove, Rosneath, Shandon, Greenfield, Rhu, Whistlefield Hattonburn and Drumfad, Portincaple, Craggan and part of Arden delineated on maps 2 and 3 of the deposited maps.

5.  In Clackmannan local authority region that part of the region encompassing Mount Stuart, Woodside, Upper Yets, Balliliesk Home Farm, Hillhead, Yetts o'Muckart, Naemoor, Balruddrie, Nether Moss, Mosspark, Pool of Muckhart, Drumburn, Middlehall, Westerhall, The Leys, Cowden Farm, Thorn Farm, Pathead Cottages, Blairhill Farm, Linnbank, Muirmill, Broom, Pitgober House, Middleton and Muckhart Mill delineated on maps 6, 7 and 8 of the deposited maps.

6.  Dundee city local authority region.

7.  That part of Fife local authority region around Wester Gospestry, delineated on maps 8 and 10 of the deposited maps.

8.  Moray local authority region.

9.  Na h-Eilean an lar local authority region.

10.  In North Ayrshire region—

(a) The Isle of Arran;

(b) The Island of Great Cumbrae;

(c) The Island of Little Cumbrae;

(d) The Holy Isle;

(e) Pladda Island.

11.  Orkney Islands local authority region.

12.  Perthshire and Kinross local authority region, except—

(a) that part of the region around Dumbarrow, Glentarkie and Pittuncarty delineated on map 10 of the deposited maps;

(b) that part of the region around Clunie Field delineated on map 10 of the deposited maps;

(c) that part of the region around East Feal, West Feal, Kinneston, West Bowhouse, Middle Bowhouse, East Bowhouse, Greenhead of Arnot, Little Arnot, Arnot Tower and Auchmuirbridge delineated on maps 9 and 10 of the deposited maps;

(d) that part of the region around West Mains of Kirkness, Middleburn, Manorleys and Riggwood delineated on map 9 of the deposited maps;

(e) that part of the region around Easter Muirhead, Wester Muirhead, Newhall, Solsgirth House and Solsgirth Home Farm delineated on maps 6 and 7 of the deposited maps.

13.  Shetland Islands local authority region.

14.  Stirling local authority region, except that part of the region around Stirling, Bannockburn, Bridge of Allan, Cowie, the University of Stirling, Tough Hills, Cairnoch Hill, Dundaff Hill and Lewis Hill delineated on maps 4, 5 and 6 of the deposited maps.

15.  In West Dunbartonshire local authority region—

(a) that part of the region around Gartocharn, Meikle Boturich, Easter Blairquhannan, The Merkins, Kilmarnock House, Blairlinnans and High Duncryne delineated on map 3 of the deposited maps;

(b) Inchmurrin Island;

(c) Creinch Island;

(d) Torrinch Island.

(e) Aber Isle.

Explanatory Note

(This note is not part of the Order)

This Order, which is made under section 7B of the Electricity Act 1989, ensures that holders of electricity transmission, distribution and supply licences cannot charge prices which take into account the geographical location of any domestic premises within a designated area of the north of Scotland.

The designated area in the north of Scotland, which is defined as the “North of Scotland”, is described in the Schedule to the Order and shown on the deposited maps numbered 1-10. The first of these maps, Map 1, is annexed to this Note and delineates the area as a whole. Maps 2-10 set out the boundaries in more detail. The deposited maps are all available for inspection during normal office hours at the Department of Trade and Industry (reference number: QBBD/002/00267P), 1 Victoria Street, London, SW1H 0ET and at the office of the Gas and Electricity Markets Authority, 9 Millbank, London, SW1P 3GE.

A regulatory impact assessment in respect of this Order was prepared in August 2004 and can be obtained from Energy Markets Group, Department of Trade and Industry, 1 Victoria Street, London, SW1H 0ET. Copies have been placed in the libraries of both Houses of Parliament.

(1)

1989 c. 29. Section 7B was inserted by section 72 of the Utilities Act 2000 (c. 27).

(2)

The definition of “transmission” was amended by section 135(3) and (4) of the Energy Act 2004 (c. 20).