Section 36 of the Electricity Act 1989 (c. 29) (the “Act”) provides that generating stations may not be constructed, extended or operated without a consent under section 36(1).

This Order makes a direction under section 36(4) of the Act to provide that the requirement for consent does not apply to a class of generating stations, described in article 2. That class comprises wind powered generating stations which are onshore in England or Wales and which have not already received consent under section 36(1) of the Act before this Order comes into force. Article 3 provides for the exemption, and article 4 ensures that the provisions of section 36 of the Act continue to apply so far as existing consents are concerned, including where those consents are varied.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is annexed to the Explanatory Memorandum for this Order on www.legislation.gov.uk.