The Electricity (Exemption from the Requirement for a Generation Licence) (Little Cheyne Court) (England and Wales) Order 2008

Statutory Instruments

2008 No. 3045

Electricity, England And Wales

The Electricity (Exemption from the Requirement for a Generation Licence) (Little Cheyne Court) (England and Wales) Order 2008

Made

22nd November 2008

Laid before Parliament

25th November 2008

Coming into force

22nd December 2008

The Secretary of State makes the following Order in exercise of the powers conferred by section 5 of the Electricity Act 1989(1).

In accordance with section 5(2) of that Act the Secretary of State has given notice of the proposal to make the Order. No representations in respect of the proposal have been made.

Citation, commencement and extent

1.—(1) This Order may be cited as the Electricity (Exemption from the Requirement for a Generation Licence) (Little Cheyne Court) (England and Wales) Order 2008 and shall come into force on 22nd December 2008.

(2) This Order does not extend to Scotland.

Interpretation

2.  In this Order—

“the Act” means the Electricity Act 1989;

“Little Cheyne Court Wind Farm” means the wind farm known as Little Cheyne Court Wind Farm located at Ordnance Survey map reference TQ980220 near Rye, Kent;

“the company” means Little Cheyne Court Wind Farm Limited, registered in England and Wales with number 05624371;

“total system in England and Wales” has the same meaning as it has in the Electricity (Class Exemptions from the Requirement for a Licence) Order 2001(2).

Exemption from section 4(1)(a) of the Act

3.  Exemption is granted from section 4(1)(a) of the Act (prohibition of unlicensed generation of electricity for supply) to the company in respect of Little Cheyne Court Wind Farm.

Conditions on exemption

4.  The exemption granted by article 3 to the company is subject to compliance with the following conditions—

(a) that the company does not hold a licence under section 6(1)(a) of the Act(3) (a generation licence);

(b) that Little Cheyne Court Wind Farm is connected to the total system in England and Wales;

(c) that, except in circumstances outside the reasonable control of the company, Little Cheyne Court Wind Farm does not export more than 100 megawatts of electrical power to the total system in England and Wales.

Mike O’Brien

Minister of State

Department of Energy and Climate Change

22nd November 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order grants an exemption from the requirements of section 4(1)(a) of the Electricity Act 1989 (which prohibits the generation of electricity for supply without a licence) to Little Cheyne Court Wind Farm Limited in respect of the Little Cheyne Court Wind Farm which is located near Rye, Kent.

A regulatory impact assessment in respect of exemptions from the requirements of section 4(1)(a) of the Electricity Act 1989 was prepared in 2001 and can be obtained from the Energy Strategy, Security and Markets Directorate, Department of Energy and Climate Change, 1 Victoria Street, London, SW1H 0ET. Copies have been placed in the libraries of both Houses of Parliament.

(1)

1989 c.29; section 5 was substituted by section 29 of the Utilities Act 2000 (c.27).

(2)

S.I. 2001/3270; the definitions of “total system in England and Wales”, “total system in Scotland” and “total system in Great Britain” were substituted for the definition of “total system” by the Electricity (Class Exemption from the Requirement for a Licence) (Amendment) Order 2005 (S.I. 2005/488), article 3.

(3)

Section 6 was substituted by section 30 of the Utilities Act 2000.