- 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.