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The Electricity Act 1989 (Requirement of Consent for Solar Generating Stations) (England) Order 2025

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Statutory Instruments

2025 No. 762

ELECTRICITY

The Electricity Act 1989 (Requirement of Consent for Solar Generating Stations) (England) Order 2025

Made

9th June 2025

Laid before Parliament

27th June 2025

Coming into force

31st December 2025

The Secretary of State makes this Order in exercise of the powers conferred by section 36(2)(1) and (3) and section 111(2) of the Electricity Act 1989(2).

Citation, commencement and extent

1.—(1) This Order may be cited as the Electricity Act 1989 (Requirement of Consent for Solar Generating Stations) (England) Order 2025 and comes into force on 31st December 2025.

(2) This Order extends to England and Wales.

Modification of section 36 of the Electricity Act 1989

2.  In the case of a generating station which generates electricity directly from sunlight and is situated in England, section 36(2)(a) of the Electricity Act 1989 has effect as if for “50 megawatts” there were substituted “100 megawatts”.

Michael Shanks

Parliamentary Under-Secretary of State

9th June 2025

Department for Energy Security and Net Zero

Explanatory Note

(This note is not part of the Order)

Section 36 of the Electricity Act 1989 (c. 29) provides that a generating station with a capacity of more than 50 megawatts (“the permitted capacity”) shall not be constructed, extended or operated except in accordance with a consent granted by the Secretary of State.

Section 36 allows the Secretary of State to alter the permitted capacity by making an Order.

This Order increases the permitted capacity for generating stations which generate electricity directly from sunlight, from the permitted capacity to 100 megawatts.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector has been conducted and will be published separately.

(1)

As amended by section 39(9) Wales Act 2017.

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