3 Application of section 36 of the 1989 Act to electricity storage facilities: England
1 This article applies in the case of generating stations otherwise than in Wales or in Welsh waters which—
(a) comprise, or (when constructed or extended) are expected to comprise, in whole or in part, an exempt electricity storage facility; and
(b) exceed, or (when constructed or extended) are expected to exceed, the permitted capacity referred to in section 36(2)(a) and (b) of the 1989 Act or any capacity substituted for it which would otherwise apply.
2 Subject to paragraph (3), section 36(1) of the 1989 Act shall not apply to the generating station.
3 Where the condition in paragraph (1)(b) is met regardless of any capacity provided by an exempt electricity storage facility, paragraph (2) applies only to the extent of the exempt electricity storage facility.