Citation, commencement and extent
1
1
This Order may be cited as the Onshore Wind Generating Stations (Exemption) (England and Wales) Order 2016 and comes into force on 1st March 2016.
2
This Order extends to England and Wales only.

Interpretation
2
In this Order—
- “the 1989 Act” means the Electricity Act 1989; and
- “onshore wind generating station” means a generating station which—
  1. generates electricity from wind; and
  2. is situated in England or Wales but not in waters adjacent to England or Wales up to the seaward limits of the territorial sea.

Exemption for onshore wind generating stations
3
Subject to article 4, section 36(1) of the 1989 Act (consent for construction, extension or operation of generating stations) does not apply to an onshore wind generating station.
4
Article 3 does not affect the continuing application of—
a
section 36(1) of the 1989 Act,
b
section 36C of the 1989 Act (variation of consents under section 36), and
c
section 90 of the Town and Country Planning Act 1990 (deemed planning permission),
in the case of an onshore wind generating station in respect of which consent under section 36(1) of the 1989 Act was granted before 1st March 2016.
Bourne
Parliamentary Under Secretary of State
Department of Energy and Climate Change
12th January 2016
1990 c. 8.