Schedule 8 · Electricity Act 1989

Contents

Schedule 8 · Consents of the Secretary of State and the Scottish Ministers under Sections 36 and 37

Objections by relevant planning authority

(2)The conformity assessment must include an assessment of the adequacy of the technical design of the watercraft through examination of the technical documentation specified in paragraph 3, plus examination of specimens, representative of the production envisaged, of one or more critical parts of the watercraft (combination of production type and design type).

(1)Where an application is made to the appropriate authority for a consent under section 36 or 37 of this Act, notice of the application shall be served on the relevant planning authority.

(2)In the case of an application made to the Secretary of State, where the relevant planning authority notify the Secretary of State that they object to the application and their objection is not withdrawn, the Secretary of State—

(a)shall cause a public inquiry to be held; and

(b)before determining whether to give his consent, shall consider the objection and the report of the person who held the inquiry.

(2A)In the case of an application made to the Scottish Ministers, where the relevant planning authority notify the Scottish Ministers that they object to the application and their objection is not withdrawn, the Scottish Ministers—

(a)must appoint a person (referred to in this Schedule as the “reporter”) to examine the application, and

(b)before determining whether to give their consent, must consider the objection and the reporter’s final report.

(3)For the purposes of sub-paragraph (2) above the Secretary of State may make regulations limiting the time within which notification of objections may be made to the Secretary of State by relevant planning authorities, and providing that objections which are not notified within the time so limited may be disregarded for those purposes.

(4)Sub-paragraph (2) or (2A) above shall not apply where the appropriate authority proposes to accede to the application subject to such modifications or conditions as will give effect to the objection of the relevant planning authority.

(5)The appropriate authority may make regulations providing that, in relation to applications for consent under section 37 of this Act for electric lines of a nominal voltage less than 132 kilovolts, the provisions of this paragraph shall have effect with such modifications as may be prescribed.

(6)In this Schedule “relevant planning authority”—

(a)in relation to land in England ^note... which is not in a National Park for which a National Park authority is the local planning authority, means a local planning authority within the meaning of the Town and Country Planning Act 1990, except that in relation to a non-metropolitan county and an application for consent under section 37 of this Act it includes the county planning authority only—

(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)where the line will have a nominal voltage of not less than 132 kilovolts;

(aa)in relation to land in England ^note. . . which is in a National Park for which a National Park authority is the local planning authority, means that National Park authority; and

(ab)in relation to Wales, means a local planning authority;.

(b)in relation to Scotland, means a general planning authority, or a district planning authority, within the meaning of Part IX of the ^noteLocal Government (Scotland) Act 1973.

Procedure following objection by relevant planning authority: Scotland

(2A)

(1)A reporter appointed under paragraph 2(2A)(a) must make proposals as regards the appropriate procedure for examining the application.

(2)The appropriate procedure may consist of one or more of the following—

(a)considering—

(i)the objection by the relevant planning authority,

(ii)any other objections made in accordance with regulations under paragraph 3(1)(c), and

(iii)any other representations made in accordance with an enactment;

(b)considering new written representations about the application from persons specified by the reporter;

(c)holding one or more hearing sessions;

(d)carrying out an inspection of the land to which the application relates;

(e)holding a public inquiry.

(3)Where the reporter proposes a procedure that includes proceedings within sub-paragraph (2)(b), (c) or (e), the proposal must include a statement of the issues that are proposed to be within the scope of each of those proceedings.

(4)The reporter must—

(a)publish the proposals,

(b)notify all interested parties of the proposals, and

(c)invite written representations about the proposals before the end of the time period specified by the reporter.

(5)The published proposals must include or be accompanied by an explanation of the reasons for the proposals.

(6)The reporter may hold a meeting to hear representations about the proposals.

(7)After considering the representations, the reporter must—

(a)decide on the appropriate procedure for examining the application, and

(b)publish that decision.

(8)The published decision must include or be accompanied by an explanation of—

(a)the reasons for the decision,

(b)the intended time period for the carrying out of the procedure, and

(c)the intended time period within which the reporter will send a final report to the Scottish Ministers.

(9)Sub-paragraph (3) applies to the reporter’s decision as it applies to the reporter’s proposals.

(10)On completing the examination, the reporter must prepare and send to the Scottish Ministers a final report setting out the reporter’s recommendations on the application.

(11)In this paragraph, “interested party” means—

(a)the applicant,

(b)the relevant planning authority which made the objection under paragraph 2(2A),

(c)any person who has made an objection in accordance with regulations under paragraph 3, or

(d)any person who has made representations in accordance with any other enactment.

(12)The Secretary of State or the Scottish Ministers may by regulations make provision amending or setting out further detail about the procedure set out in this paragraph. (See also paragraph 7B(2)(e).)

(13)A statutory instrument containing regulations under this paragraph is not to be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(14)Regulations made by the Scottish Ministers under this paragraph are subject to the affirmative procedure.

Objections by other persons

(3)

(1)The appropriate authority may by regulations make provision for securing—

(a)that notice of any application for consent under section 36 or 37 of this Act shall, in such circumstances as may be prescribed by the regulations, be published in such manner as may be so prescribed;

(b)that notice of any such application shall, in such circumstances as may be prescribed by the regulations or where the appropriate authority so directs, be served on such persons as may be so prescribed or, as the case may be, specified in the direction;

(c)that every notice published or served in pursuance of the regulations shall state the time within which, and the manner in which, objections to the application may be made by persons other than the relevant planning authority, and that the time so stated shall not be less than such minimum period as may be prescribed by the regulations; and

(d)that, in so far as any such notice requires objections to be sent to any person other than the appropriate authority, copies of the objections shall be sent to the appropriate authority by that person;

and in relation to applications for consent under section 36 of this Act to the extension of a generating station or to the operation of such a station in a different manner, the regulations may include provision for enabling the appropriate authority to give directions dispensing with the requirements of the regulations in such cases as the appropriate authority thinks fit.

(2)Where in the case of an application for consent under section 36 or 37 of this Act—

(a)a public inquiry is not required by virtue of paragraph 2(2) or 2A; but

(b)objections or copies of objections have been sent to the appropriate authority in pursuance of regulations made under this paragraph,

the appropriate authority shall consider those objections, together with all other material considerations, with a view to determining whether a public inquiry should be held with respect to the application and, if the appropriate authority thinks it appropriate to do so, shall cause a public inquiry to be held, either in addition to or instead of any other hearing or opportunity of stating objections to the application.

Public inquiries

(4)The technical documentation must include a general description of the watercraft.

(1)Where in accordance with paragraph 2(2) or 3(2) above a public inquiry is to be held in respect of an application that is made to the Secretary of State for consent under section 36 or 37 of this Act, the Secretary of State shall inform the applicant accordingly; and the applicant shall in two successive weeks publish a notice stating—

(a)the fact that the application has been made, and the purpose of it, together with a description of the land to which it relates;

(b)a place in the locality where a copy of the application, and of the map referred to in it, can be inspected; and

(c)the place, date and time of the public inquiry.

(2)A notice under sub-paragraph (1) above shall be published in one or more local newspapers circulating in the locality in which the land in question is situated, or circulating respectively in the several localities in which different parts of that land are situated, as the applicant may consider appropriate.

(3)If it appears to the Secretary of State that, in addition to the publication of a notice in accordance with sub-paragraphs (1) and (2) above, further notification of the public inquiry should be given (either by the service of notices, or by advertisement, or in any other way) in order to secure that the information specified in paragraphs (a) to (c) of sub-paragraph (1) above is sufficiently made known to persons in the locality, the Secretary of State may direct the applicant to take such further steps for that purpose as may be specified in the direction.

(3A)Where in accordance with paragraph 2A or 3(2) a public inquiry is to be held in relation to an application that is made to the Scottish Ministers for consent under section 36 or 37 of this Act, and it appears to the Scottish Ministers that in addition to any public notice of such an inquiry any further notification concerning the inquiry is necessary or expedient (either by way of service of notice upon any person or in any other way), the Scottish Ministers may direct the applicant to take such further steps for this purpose as may be specified in the direction.

(4)Where in accordance with paragraph 2(2) , 2A or 3(2) above a public inquiry is to be held in respect of an application for consent under section 36 or 37 of this Act and the appropriate authority is proceeding concurrently as mentioned in section 61(2) or (4) of this Act, the public inquiry shall extend to all the matters arising in the concurrent proceedings, and any notice of the inquiry (in addition to any other matters required to be stated in it) shall indicate the extent of the inquiry accordingly.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions supplementary to paragraphs 2 to 4

(5)

(1)Where in accordance with paragraph 2(2) , 2A or 3(2) above a public inquiry is to be held and the application for consent relates to land in the areas of two or more relevant planning authorities—

(a)the application shall not be the subject of a public inquiry in so far as it relates to land which is not within the area of a planning authority who have notified the appropriate authority that they object to the application, unless the appropriate authority otherwise directs having regard to objections by other persons of which the appropriate authority has notice; and

(b)in so far as the application is to be the subject of a public inquiry in relation to land in the areas of two or more relevant planning authorities, the appropriate authority may direct that separate public inquiries shall be held;

and, where the appropriate authority gives any such directions, the provisions of paragraphs 2 to 4 above shall apply with the necessary modifications.

(2)For the purposes of sub-paragraph (1)(a) above a relevant planning authority who have notified the appropriate authority that they object to the application shall be treated as not having done so if the appropriate authority proposes to accede to the application subject to such modifications or conditions as will give effect to the objection.

Additional inspectors

(5A)

(1)This paragraph applies in the case of—

(a)a public inquiry in England and Wales by virtue of paragraph 2(2) or 3(2); or

(b)a public inquiry in England and Wales which is a combination under section 62 of this Act into one inquiry—

(i)of two or more such inquiries; or

(ii)of one or more such inquiries and one or more other inquiries.

(2)At any time after appointing a person to hold the inquiry (“the lead inspector”), the Secretary of State may direct him—

(a)to consider such matters relating to the conduct of the inquiry as are specified in the direction; and

(b)to make recommendations to the Secretary of State about those matters.

(3)After considering the recommendations of the lead inspector, the Secretary of State may—

(a)appoint for the purposes of the inquiry such number of additional inspectors as he thinks appropriate; and

(b)direct that each additional inspector must consider such of the matters to which the inquiry relates as are allocated to him by the lead inspector.

(4)An additional inspector must—

(a)comply with every direction as to procedural matters given to him by the lead inspector; and

(b)report to the lead inspector on every matter allocated to him.

(5)It is to be for the lead inspector to report to the Secretary of State on the consideration of both—

(a)the matters which he considered himself; and

(b)the matters the consideration of which was allocated to additional inspectors.

(6)The power of the Secretary of State to give directions to the lead inspector may be exercised on one or more different occasions after the appointment of the lead inspector.

(7)Accordingly—

(a)the recommendations that may be made by the lead inspector following such a direction include, in particular, a recommendation for varying the number of additional inspectors; and

(b)the power of the Secretary of State to appoint an additional inspector includes power to revoke such an appointment.

(8)A direction by any person under this paragraph may be varied or revoked by a subsequent direction by that person.

(5B)

(1)If a person is aggrieved by a decision of the Scottish Ministers to which this paragraph applies, and wishes to question the validity of the decision on either of the grounds mentioned in sub-paragraph (2), the person (the “aggrieved person”) may make an application to the Inner House of the Court of Session under this paragraph.

(2)The grounds are that—

(a)the decision is not within the powers of the Scottish Ministers under this Schedule,

(b)one or more of the relevant requirements have not been complied with in relation to the decision.

(3)This paragraph applies to a decision under paragraph 3(2) as to whether a public inquiry should be held with respect to an application for consent to construct, extend or operate a generating station that comprises or is to comprise (in whole or in part) renewable energy installations situated at places in relevant waters.

(4)An application under this paragraph must be made within the period of 6 weeks beginning with the date on which the decision to which the application relates is published by the Scottish Ministers.

(5)On an application under this section, the Inner House of the Court of Session—

(a)may suspend the decision until the final determination of the proceedings,

(b)may quash the decision either in whole or in part if satisfied that—

(i)the decision in question is not within the powers of the Scottish Ministers under this Schedule, or

(ii)the interests of the aggrieved person have been substantially prejudiced by failure to comply with any of the relevant requirements in relation to the decision.

(6)In this paragraph—• “relevant waters” means—(a) waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea; and(b) waters in the area designated by the Renewable Energy Zone (Designation of Area) (Scottish Ministers) Order 2005 as the area in which the Scottish Ministers are to have functions.• “the relevant requirements”, in relation to a decision to which this paragraph applies, means the requirements of this Act, or of any regulations made under this Schedule, which are applicable to that decision.

(5C)

(1)No proceedings may be taken in respect of an application under paragraph 5B unless the Inner House of the Court of Session has granted permission for the application to proceed.

(2)The Court may grant permission under sub-paragraph (1) for an application to proceed only if it is satisfied that—

(a)the applicant can demonstrate a sufficient interest in the subject matter of the application, and

(b)the application has a real prospect of success.

(3)The Court may grant permission under subsection (1) for an application to proceed—

(a)subject to such conditions as the Court thinks fit, or

(b)only on such of the grounds specified in the application as the Court thinks fit.

Special provisions as to consents under section 37

(6)

(1)Where an application for consent under section 37 of this Act states that all necessary wayleaves have not been agreed with owners and occupiers of land proposed to be crossed by the electric line, the appropriate authority may—

(a)give notice to the applicant that the appropriate authority does not intend to proceed with the application until the appropriate authority is satisfied, with respect to all the land over which wayleaves have not been agreed, that the applicant has applied to the appropriate authority for consent under paragraph 6 (acquisition of wayleaves) of Schedule 4 to this Act; or

(b)grant ^note... consent subject to the condition (either in respect of the whole of the line or in respect of any part of it specified in the consent) that the work is not to proceed until the appropriate authority has given ^note... permission.

(2)In determining at any time whether to give permission for any work to proceed, either generally or in respect of any part of the line, the appropriate authority—

(a)shall have regard to the extent to which the necessary wayleaves have been agreed by that time; and

(b)in so far as any such wayleaves have not then been agreed in respect of any part of the line, shall take into account any prejudicial effect which, in the opinion of the appropriate authority, the giving of permission (whether in respect of that part or of any adjacent part of the line) might have on any subsequent proceedings relating to the outstanding wayleaves.

Deemed planning permission etc.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Generating stations not within areas of relevant planning authorities

(7A)

(1)This paragraph applies to every case where an application for a consent under section 36 of this Act relates to—

(a)the construction or operation of a generating station the whole or a part of which is to be, or is, at a place that is not within the area of a relevant planning authority; or

(b)the extension of a generating station at or to a place the whole or a part of which is not within such an area.

(2)This Schedule shall have effect in relation to cases to which this paragraph applies with the following modifications.

(3)In paragraph 1(1), for the words from “land to which” onwards substitute “ place to which the application relates, that is, the place where it is proposed to construct the generating station, where the proposed extension will be or where the station proposed to be operated is situated. ”

(4)Paragraph 2 does not apply where no part of the place to which the application relates is within the area of a relevant planning authority.

(5)In paragraph 4—

(a)in sub-paragraph (1)—

(i)in paragraph (a), for “land” substitute “ place ”; and

(ii)in paragraph (b), for “in the locality” substitute “ in the area specified in or determined in accordance with regulations made by the Secretary of State ”;

(b)in sub-paragraph (2), for the words from “the locality” onwards substitute “ the area specified in or determined in accordance with regulations made by the Secretary of State. ”; and

(c)in sub-paragraph (3), for “in the locality” substitute “ who are likely to be affected by the consent applied for if it is given ”.

(6)Paragraph 5 does not apply; but sub-paragraphs (7) to (10) apply where—

(a)a public inquiry is to be held in accordance with paragraph 2(2) , 2A or 3(2); and

(b)the application for consent relates to a place a part of which is in the area of one or more relevant planning authorities.

(7)Except in so far as the appropriate authority otherwise directs, an inquiry held in accordance with paragraph 2(2) or 2A must be confined to so much of the application as relates to land within the area of the planning authority by whom an objection has been made.

(8)The appropriate authority must have regard to objections made otherwise than by the planning authority in question in determining whether to give a direction under sub-paragraph (7) and in determining (where the appropriate authority gives one) what direction to give.

(9)The appropriate authority may direct that separate inquiries may be held in relation to any or each of the following—

(a)so much of the application as relates to land within the area of a particular relevant planning authority;

(b)so much of the application as relates to anywhere that is not within the area of a relevant planning authority.

(10)For the purposes of sub-paragraph (7) a planning authority that has made an objection is to be treated as not having done so if the appropriate authority proposes to accede to the application subject to such modifications or conditions as meet that objection.

Applications to the Scottish Ministers: time limits

(7B)

(1)The Secretary of State or the Scottish Ministers may by regulations specify a time limit for actions that may or must be taken in relation to an application to the Scottish Ministers for consent under section 36 or 37.

(2)The regulations may, for example, specify a time limit for—

(a)a person to comply with a requirement of regulations under paragraph 1A;

(b)a person to respond to a pre-application consultation (see paragraph 1A(3)(c));

(c)a person who is notified of an application in accordance with an enactment to provide their opinion or advice on the application;

(d)a relevant planning authority to object to an application under paragraph 2(2A);

(e)a reporter to take any steps required by paragraph 2A;

(f)the Scottish Ministers to decide an application.

(3)The regulations may include provision about the consequences of failure to comply with a time limit.

(4)Where regulations under this paragraph specify a time limit for the completion of an acceptance stage (see paragraph 1A(2)(c)), the regulations may not permit the extension of that limit.

Supplemental

(8)

(1)In this Schedule—• “appropriate authority” means—(a) in the case of an application made to the Secretary of State, the Secretary of State;(b) in the case of an application made to the Scottish Ministers, the Scottish Ministers;• “relevant planning authority” has the meaning given by paragraph 2(6) above.

(1A)In this Schedule references to applications for consent shall not include applications to the Welsh Ministers.

(2)In section 149 of the ^noteLocal Government, Planning and Land Act 1980, each of the following, namely—

(a)subsection (3)(a) (power of Secretary of State to confer on urban development corporation functions of local planning authority in England and Wales); and

(b)subsection (8)(a) (which makes corresponding provision in relation to Scotland),

shall have effect in relation to the provisions of this Schedule (so far as applying to applications for consent under section 37 of this Act) as it has effect in relation to the provisions referred to in that subsection.

(3)Where an application for a declaration under section 36A of this Act is made with an application for a consent under section 36 of this Act, the application for the declaration shall be treated for the purposes of this Schedule as part of the application for the consent.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 200

Show every defined term

accounting period
has the same meaning as in the 1988 Act.
Act
includes an Act of the Scottish Parliament.
agreed margins of error
has the meaning given by paragraph 7(4) above;
an approved installation
means a long duration electricity storage installation which is approved by the Authority for the purposes of subsection (4) in accordance with the scheme;
appeal
means an appeal under section 11C;
appeal rules
means rules of procedure under paragraph 11;
appropriate authority
means—
approved
means approved by or under regulations made under paragraph 2 above;
approved capital expenditure
has the same meaning as it has for the purposes of the provisions relating to regional development grant.
Area Board
has the same meaning as in the Electricity Act 1947;
Associated provision
means provision that relates to pass-through provision and—
authorised distributor
means a person who is authorised by a licence or exemption to distribute electricity;
authorised supplier
means a person who is authorised by a licence or exemption to supply electricity;
banding provision
means provision made in a certificate purchase order by virtue of subsection (1).
bioliquid
has the meaning given by Article 2(h) of Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources;
British Electricity Stock
means any stock created and issued under section 16(1) of the Electricity Act 1957 or under section 40 of the Electricity Act 1947;
building
includes structure;
buy-out payment
means a payment—
carbon emissions reduction target
means a target for the promotion of any of the following—
certification grounds
has the meaning given by section 10E(2);
certified
means certified bythe Authority under section 10D;
Citizens Advice
means the National Association of Citizens Advice Bureaux;
Citizens Advice Scotland
means the Scottish Association of Citizens Advice Bureaux;
civil emergency
means any natural disaster or other emergency which, in the opinion of the Secretary of State, is or may be likely to disrupt electricity supplies;
closed distribution system
means a system classified as a closed distribution system by the Authority under paragraph 12(2);
co-ordination licence
means a licence which authorises a person to co-ordinate and direct the flow of electricity onto and over a transmission system by means of which the transmission of electricity takes place and the whole or part of which is at a place in Great Britain, in the territorial sea adjacent to Great Britain or in a Renewable Energy Zone;
company
means a company (as defined in section 1(1) of the Companies Act 2006) that— (a) is limited by shares, and (b) has its registered office in Great Britain. • “remuneration” in relation to a director of a company— (a) means any form of payment, consideration or other benefit (including pension benefit), paid or due to or in respect of the director;
compensation
means compensation that a regulated person is required to pay by a consumer redress order;
compensation water
means a flow of water, on such conditions and by such means as the Secretary of State may specify in the order, for the benefit of riparian owners and other owners of land or salmon fishings affected by the compulsory acquisition.
complaints
includes complaints made directly to... electricity suppliers and electricity distributors (or anyone carrying on activities on their behalf) and complaints to the Authority, Citizens Advice or Citizens Advice Scotland.
complete financial year
means a financial year ending with 31st March;
compliance costs
means the total costs to electricity suppliers of complying with carbon emissions reduction obligations that, in relation to any period, are imposed by order under section 41A, and
connection offer expenses
means expenses which—
consent
means a consent under section 36 above;
construction, commissioning or operational purposes
means the purposes of performing any functions which the successful bidder has, or may in future have under or by virtue of— (a) a relevant licence which has been, or is to be, granted as a result of the tender exercise, (b) a relevant contract which has been, or is to be, awarded as a result of the tender exercise, or (c) any enactment, in the successful bidder’s capacity as holder of the relevant licence or party to the relevant contract;
Consultative Council
means a Consultative Council established under section 7A of the Electricity Act 1947 for the district of a Scottish Board;
consumer redress order
means an order under subsection (2).
consumers
means consumers in relation to electricity conveyed by distribution systems or transmission systems;
contract counterparty
has the meaning given by section 6BA;
correctable error
means an error or omission which— (a) is in a part of the decision document which records the decision, and (b) is not part of the statement of reasons for the decision;
costs relating to Scotland
means the total costs to electricity suppliers of complying with obligations that, in relation to the same period, are imposed in relation to Scotland.
customer
means a person who purchases electricity for the person’s own consumption;
dealings
includes dealings entered into otherwise than for purposes connected with the transmission of electricity;
debentures
includes debenture stock;
decision document
means— (a) a document recording a consent under section 36 or 37, or (b) a document recording a variation of such a consent.
delivery body
has the meaning given by section 6BB;
designated electricity licence document
means a document that is— (a) maintained in accordance with the conditions of a licence for the purposes of section 4, and (b) designated under section 182 of the Energy Act 2023;
designated gas licence document
has the same meaning as in section 5 of the Gas Act 1986;
designated regulatory function
means— (a) a function of the Authority conferred by— (a) a provision of assimilated law, or (b) a condition in a licence under section 6 as that condition is modified from time to time after IP completion day, where that function was, immediately before IP completion day, one of its functions as a regulatory authority designated in accordance with Article 35 of the Electricity Directive;
Devolved Welsh generating station
means a generating station that—
distribution accounts
means accounting records in relation to the business (the “distribution business”) constituted by the distribution activities of the distribution exemption holder’s business that— (a) are sufficient to show and explain the transactions of the distribution business, separate from any other transactions of the distribution exemption holder’s business;
distribution exemption holder
means a person who— (a) is distributing electricity for the purpose mentioned in section 4(1)(bb);
distribution system
includes a distribution system within the meaning of Part 2 of the Electricity (Northern Ireland) Order 1992, and “distributing” is to be construed accordingly;
domestic supplier
means an electricity supplier— (a) who is authorised, in accordance with the conditions of a licence, to supply electricity to domestic premises;
dwelling
means a building or part of a building occupied, or (if not occupied) last occupied or intended to be occupied, as a private dwelling or, in relation to Scotland, a private house, and includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that building or part.
electric line
means any line which is used for carrying electricity for any purpose and includes, unless the context otherwise requires— (a) any support of any such line, that is to say, any structure, pole or other thing in, on, by or from which any such line is or may be supported, carried or suspended;
electrical plant
means any plant equipment, apparatus or appliance used for, or for purposes connected with the generation, transmission, distribution or supply of electricity, other than— (a) an electric line;
Electricity Board
means an Area Board, the Generating Board or a Scottish Board;
electricity distributor
means any person who is authorised by a distribution licence to distribute electricity except where he is acting otherwise than for purposes connected with the carrying on of activities authorised by the licence;
electricity interconnector
means so much of an electric line or other electrical plant as—
electricity supplier
means any person who is authorised by a supply licence to supply electricity except where he is acting otherwise than for purposes connected with the carrying on of activities authorised by the licence.
electricity undertakers
means public electricity suppliers within the meaning of Part I of the Electricity Act 1989 and persons authorised by a licence under that Part to generate or transmit electricity.”
electricity undertaking
has the meaning given by section 10O;
enactment
includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
end-user complaints
means complaints in connection with pass-through provision made by end-users against intermediaries or electricity suppliers (with the definitions in section 38B applying for the purposes of this subsection).
enforcement provision
means—
English or Welsh onshore wind generating station
means a generating station that—
examiner
means a meter examiner or a person so authorised.
excepted rights and liabilities
means—
exempt distribution system
means a distribution system operated or controlled by a distribution exemption holder who is covered by an exemption granted to it in relation to that system;
exempt supply
means a supply of electricity to any premises where—
exemption
means an exemption granted under section 5;
exercise
means exercise directly or indirectly, and “exercisable” is to be interpreted accordingly;
existing body
means any of the following, namely, the Area Boards, the Generating Board and the Electricity Council;
existing body in England and Wales
means an Area Board, the Generating Board or the Electricity Council;
existing body in Scotland
means a Scottish board.
existing employee
means any person who, immediately before the transfer date, is employed by an existing body or a Consultative Council, or falls to be treated as employed by an existing body by virtue of regulations made under section 54(4) of the Electricity Act 1947 (service as a member to count as service as an employee);
existing employee of a Consultative Council
means any person who, immediately before the transfer date, is employed by a Consultative Council;
existing employee of the Scottish Boards
means any person who, immediately before the transfer date, is employed by one or other of those Boards or falls to be treated as so employed by virtue of regulations made under section 54(4) of the Electricity Act 1947 (service as a member to count as service as an employee);
expression of interest
has the meaning given by paragraph 1(2);
external electronic communications network
means a network which— (a) is an electronic communications network, within the meaning of section 32 of the Communications Act 2003;
final order
means an order under this section other than a provisional order;
first connection
has the meaning given in paragraph 1;
first connection expenses
has the meaning given in paragraph 1;
former participant
means any person who, immediately before the transfer date, is not a participant in the North Scheme or the South Scheme but has pension rights under one or other (or both) of the schemes by virtue of his having been such a participant;
fossil fuel
means— (a) coal, (b) lignite, (c) natural gas (within the meaning of the Energy Act 1976), (d) crude liquid petroleum, (e) petroleum products (within the meaning of that Act), or (f) any substance, other than bioliquid, produced directly or indirectly from a substance mentioned in paragraphs (a) to (e);
functions
includes powers and duties;
gas licence
means a licence for an activity to which an order under section 41HA of the Gas Act 1986 applies;
generated
means generated at any place whether situated in the United Kingdom or elsewhere, and cognate expressions are to be construed accordingly;
generating company
means a company designated as such by the Secretary of State;
group
has the meaning given by section 170 of the 1992 Act;
high voltage line
means an electric line which— (a) if it is in Scotland or is a relevant offshore line (as defined in subsection (1A)), is of a nominal voltage of 132 kilovolts or more;
home-heating cost reduction target
has the meaning given by section 41B(2)(a);
house
includes any park or garden belonging to a house. 3 A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory. 4 A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. 5 On receiving a counter-notice the acquiring authority must decide whether to— a withdraw the notice to treat, b accept the counter-notice, or c refer the counter-notice to the Upper Tribunal. 6 The authority must serve notice of their decision on the owner within the period of 3 months beginning wit
household customer
means a customer who purchases electricity for consumption by the customer’s own household.
information
includes accounts, estimates and returns;
information provision
means provision within subsection (2) or (3).
interested party
means—
investment grade credit rating
means a credit rating commonly understood by registered credit rating agencies to be investment grade;
land
includes any right over land (other than, in Scotland, a right to abstract, divert and use water);
last discharge day
means the day specified as the day by which renewables obligation certificates must be produced for the purposes of section 32(6);
late payment period
means such period beginning with the last discharge day as may be specified;
licence
means a licence under section 6 and “licence holder” shall be construed accordingly.
licensable activity
means an activity which, if carried on without the authority of a licence or exemption, constitutes an offence under section 4(1);
licensed network operator
means a distribution licence holder or a transmission licence holder;
line
means any wire, cable, tube, pipe or any other similar thing (including its casing or coating) which is designed or adapted for use in carrying electricity;
listing particulars
means any listing particulars or supplementary listing particulars within the meaning of the 1986 Act;
long duration electricity storage installation
means an installation that— (a) generates electricity from stored energy, (b) has an electricity generating capacity of not less than 50 megawatts, and (c) is capable of generating electricity at its full capacity for a continuous period of not less than eight hours;
main contractual conditions
means any conditions of the contract which relate to a matter mentioned in any of paragraphs (b), (c) and (f) to (j) of sub-paragraph (2).
majority shareholding
means a simple majority of shares;
microgeneration
has the same meaning as in the Climate Change and Sustainable Energy Act 2006;
modification condition
means a condition requiring or otherwise providing for the making of modifications to the conditions of a licence.
modifications
includes additions, alterations and omissions and cognate expressions shall be construed accordingly;
modify
includes fail to incorporate and “modification” shall be construed accordingly.
momentary interference
means any interference of momentary duration which is not a regular occurrence (whether caused by physical contact or otherwise).
moveables
means chattels in relation to England and Wales and corporeal moveables in relation to Scotland;
network operator
means a distribution exemption holder, a distribution licence holder or a transmission licence holder;
new licensable activities
means one or more activities which are the subject of an order under section 56FA(1)(a) or regulations under section 56FBA(1)(a).
non-applicant party
means— (a) in the case of an application made by the preferred bidder or the successful bidder, the asset owner, and (b) in the case of an application made by the asset owner, the successful bidder or, if a notice has not yet been published under paragraph 36, the preferred bidder;
North of Scotland Electricity Stock
means any stock created and issued under section 13 of the Hydro-Electric Development (Scotland) Act 1943.
Northern Ireland
includes the territorial sea adjacent to Northern Ireland.
Northern Ireland Authority
means the Northern Ireland Authority for Utility Regulation;
Northern Ireland certificate
means a renewables obligation certificate issued by the Northern Ireland authority under the Energy (Northern Ireland) Order 2003 and pursuant to a NIRO Order;
Northern Ireland obligation
means a renewables obligation of a Northern Ireland supplier under Article 52 of the Energy (Northern Ireland) Order 2003;
Northern Ireland onshore wind generating station
means a generating station that— (a) generates electricity from wind, and (b) is situated in Northern Ireland, but not in waters in or adjacent to Northern Ireland up to the seaward limits of the territorial sea.
Northern Ireland RO certificate
means a certificate issued by the Northern Ireland authority in accordance with provision included in an order under Article 52 of the Energy (Northern Ireland) Order 2003;
Northern Ireland supplier
means an electricity supplier within the meaning of Part 7 of the Energy (Northern Ireland) Order 2003;
notice
means notice in writing;
offshore generating activities
means— (a) the construction or operation of a generating station that is to comprise or comprises (in whole or in part) renewable energy installations;
offshore transmission
means the transmission within an area of offshore waters of electricity generated by a generating station in such an area;
offshore transmission licence
means a transmission licence authorising anything that forms part of a transmission system to be used for purposes connected with offshore transmission;
offshore transmission system
means a transmission system used for purposes connected with offshore transmission;
offshore transmission tender regulations
means tender regulations that provide for the determination on a competitive basis of the person to whom an offshore transmission licence is to be granted;
offshore waters
means— (a) waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea, and (b) waters within an area designated under section 1(7) of the Continental Shelf Act 1964;
onshore wind generating station
has the meaning given by section 32LC(3);
operating company
has the meaning given by section 74(10) above;
penalty
means a penalty imposed on a regulated person under section 27A.
person from a country outside the United Kingdom
means a person the Authority thinks is from a country outside the United Kingdom;
planning permission
means— (a) consent under section 36 of this Act, (b) 1990 Act permission, (c) 1997 Act permission, or (d) development consent under the Planning Act 2008.
plant
includes any equipment, apparatus or appliance. • “specified” means specified in the order.
pre-commencement order
means an order made under section 32 before the coming into force of this section.
premises
has the same meaning as in section 4.
prescribed
means prescribed in regulations made by the Authority.
prescribed margins of error
has the meaning given by paragraph 5(2) above;
protection of the water environment
has the same meaning as in section 1(2) of the Water Environment and Water Services (Scotland) Act 2003;
providing a smart meter communication service
has the meaning given in section 4(3G) above, and cognate expressions shall be construed accordingly;
provisional order
means an order under this section which, if not previously confirmed in accordance with subsection (4) above, will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order;
public gas transporter
has the same meaning as in Part I of the Gas Act 1986;
qualifying expenditure
has the meaning given by paragraph 1(1) above.
radar works
means— ((a)) the construction of a radar station, ((b)) the installation of radar equipment, ((c)) the carrying out of modifications to a radar station or radar equipment, or ((d)) the testing of a radar station or radar equipment;
recognised lender
means a provider of debt finance which has been issued with an investment grade credit rating by a registered credit rating agency;
regional development grant
means a grant under Part I of the Industry Act 1972 or Part II of the Industrial Development Act 1982 and “approved capital expenditure” has the same meaning as it has for the purposes of the provisions relating to regional development grant.
registered credit rating agency
means a credit rating agency registered in accordance with Regulation (EC) No 1060/2009 of the European Parliament and the Council of 16 September 2009 on credit rating agencies.
regulated person
means a person who is one or more of the following— (a) a licence holder;
regulations
means regulations made by— (a) the Scottish Ministers, in the case of section 36 consents relating to generating stations (or proposed generating stations) in Scotland;
reimbursement payment
has the meaning given in paragraph 2;
reimbursement powers
has the meaning given in paragraph 2;
relevant application
means an application under paragraph 1 or 2.
relevant authority
means— (a) in relation to GB certificates, the Authority;
relevant body
means the Authority, a delivery body or a contract counterparty.
relevant co-ordination licence holder
means the holder of a co-ordination licence to whom a person has applied (in accordance with any provision made by that licence) for an offer of connection to and use of a transmission system for the purposes of which the tender exercise is held.
relevant contract
means a contract, entered into by a person with the holder of a transmission licence, an electricity system operator licence or a distribution licence (referred to in this Part as a “contract counterparty”), for the carrying out of a relevant electricity project.
relevant date
means the relevant date for the purposes of section 10A(1) or (3).
relevant designated person
means a person who is designated—
relevant electricity project
means a project—
relevant functions
means any powers conferred and any duties imposed by or under this Act.
relevant information
means information relating to the supply of electricity;
relevant licence
means—
relevant meter
means a meter of a kind prescribed by the order;
relevant national authority
means any of the following— (a)...
relevant order
means—
relevant place
means a place in Great Britain, in the territorial sea adjacent to Great Britain or in a Renewable Energy Zone;
relevant planning authority
has the meaning given by paragraph 2(6) above.
relevant producer or supplier
has the meaning given by section 10O;
relevant proposals
means any proposals— (a) for the construction or extension of a generating station of a capacity not less than 10 megawatts, or for the opreation of such a station in a different manner;
relevant purchasing body
means— (a) in relation to GB certificates, the purchasing body of GB certificates;
relevant scheme
has the meaning given by paragraph 2(1) above;
relevant waters
means— (a) waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea;
renewable sources
means sources of energy other than fossil fuel or nuclear fuel, but includes waste of which not more than a specified proportion is waste which is, or is derived from, fossil fuel;
requisite period
means the period of 28 days after the making by the supplier of a demand in writing for the relevant payments to be made.
responsible
means responsible for the purposes of Part IV of the 1986 Act and “responsibility” shall be construed accordingly.
Scotland
has the same meaning as in section 32(2) (see section 32(3));
Scottish Board
means either the North of Scotland Hydro-Electric Board or the South of Scotland Electricity Board.
Scottish electricity company
means a company designated as such by the Secretary of State;
Scottish nuclear company
means the company designated as such by the Secretary of State;
section 36 consent
means a consent granted under section 36 (construction, extension or operation of generating station), whenever granted;
section 37 consent
means a consent granted under section 37 (consent required for overhead lines);
senior officer
means— (a) in relation to a company, a director;
shareholder right
means a right, conferred by the holding of a share in a company’s share capital— (a) to vote at general meetings of the company;
shares
includes stock;
small-scale low-carbon generation
has the same meaning as in section 41 of the Energy Act 2008.
smart meter
means— (a) an electricity meter which can send and receive information using an external electronic communications network;
special connection agreement
means a special agreement under section 22;
specified
means specified by the Authority for the purposes of the scheme in— (a) a document published by the Authority, or (b) a condition of a licence;
statutory accounts of a company
means any accounts prepared by the company for the purpose of any provision of the Companies Act 2006 (including group accounts).
statutory grant
means—
statutory provision
means a provision of or made under an Act, whenever passed or made;
statutory undertakers
has the same meaning as in the Planning Act;
stored energy
has the meaning given by section 4(3ZB).
subsidiary
has the meaning given bysection 1159 of the Companies Act 2006.