The Electricity (Exemption from the Requirement for a Generation Licence) (Curen) (England and Wales) Order 2012 No. 2740

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Statutory Instruments

2012 No. 2740

Electricity, England And Wales

The Electricity (Exemption from the Requirement for a Generation Licence) (Curen) (England and Wales) Order 2012

Made

31st October 2012

Laid before Parliament

5th November 2012

Coming into force

6th December 2012

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) and (3) of that Act the Secretary of State has given notice of the proposal to make this Order and has considered the representations duly made in respect of it.

Citation, commencement and extent

1.-(1) This Order may be cited as the Electricity (Exemption from the Requirement for a Generation Licence) (Curen) (England and Wales) Order 2012 and shall come into force on 6th December 2012.

(2) This Order extends to England and Wales only.

Interpretation

2. In this Order-

"the Act" means the Electricity Act 1989;

"Curen Limited" means the company of that name registered in England and Wales with company number 07866585; and

"Lynemouth Power Station" means the generating station located at Ordnance Survey map reference NZ 3055 9015, approximately 5 kilometres north-east of Ashington, in Lynemouth, Northumberland.

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 Curen Limited in respect of Lynemouth Power Station for the period commencing on 6th December 2012 and ending on 31st March 2015.

Conditions on exemption

4. The exemption granted by article 3 to Curen Limited is subject to the following conditions-

(a)that Curen Limited does not hold a licence under section 6(1)(a) of the Act(2) (a generation licence); and

(b)that the highest generation of electricity (at the main alternator terminal) which can be maintained indefinitely at Lynemouth Power Station without causing damage to the generating station does not exceed the highest generation of electricity which could have been so maintained as at 30th September 2000.

Edward Davey

Secretary of State,

Department of Energy and Climate Change

31st October 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order grants a time-limited exemption from the requirements of section 4(1)(a) of the Electricity Act 1989 (which prohibits the generation of electricity for supply to any premises without a licence) to Curen Limited in relation to Lynemouth Power Station, which is located approximately 5 kilometres north-east of Ashington, in Lynemouth, Northumberland.

A regulatory impact assessment in respect of this exemption was prepared in 2012 and can be obtained from the Department of Energy and Climate Change, Energy Markets Unit, 4th Floor, 3 Whitehall Place, London, SW1A 2AW. 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)

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


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