- aa strategic highways company
means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;”
- administration function
means a function relating to the administration of an RHI scheme;
- application period
has the meaning given in paragraph 11;
- applications
means applications for stakes in a qualifying facility;
- Associated hydraulic fracturing
means hydraulic fracturing of shale or strata encased in shale which— a is carried out in connection with the use of the relevant well to search or bore for or get petroleum, and b involves, or is expected to involve, the injection of— i more than 1,000 cubic metres of fluid at each stage, or expected stage, of the hydraulic fracturing, or ii more than 10,000 cubic metres of fluid in total. 2 For the purposes of deciding the depth at which associated hydraulic fracturing is taking place in land— a the depth of a point in land below surface level is the distance between that point and the surface of the land vertically above that point;
- available stakes
means the stakes in a qualifying facility that are available to be bought through the right to buy.
- body
means an incorporated or unincorporated body of persons;
- community electricity right regulations
means regulations under this section;
- company
includes any other kind of incorporated body;
- condition
includes a limitation;
- deep geothermal energy
means geothermal energy in deep-level land (including in water or any other fluid in deep-level land);
- deep-level land
has the meaning given in section 43(4);
- designated fossil fuel suppliers
has the same meaning as in section 100;
- development order
has the meaning given in section 59 of the Town and Country Planning Act 1990;
- Dwelling
means a building or structure, or part of a building or structure, occupied wholly or mainly as a dwelling. 5 1 “Species control operations” are operations to do one or more of the following— a eradicate a species from premises;
- electricity generation licence
means a licence granted under section 6(1)(a) of the Electricity Act 1989;
- enactment
includes subordinate legislation within the meaning of the Interpretation Act 1978;
- England
includes the sea adjacent to England out as far as— ((a)) the seaward boundary of the territorial sea, or ((b)) if nearer to the land, any boundary between waters that are treated as part of the sea adjacent to Wales and those that are not, as determined by an order made under section 158(3) of the Government of Wales Act 2006;
- environmental permit
means a permit granted under regulation 13 of the Environmental Permitting (England and Wales) Regulations 2010;
- facility operator
means a person who generates, or is expected to generate, electricity at a qualifying facility for the purpose of giving a supply to any premises or enabling a supply to be so given;
- first connection
has the meaning given in paragraph 1;
- first connection expenses
has the meaning given in paragraph 1;
- former strategic highways company
means a company in respect of which such an appointment has terminated.
- generation licence condition
means— (a) the conditions of a particular electricity generation licence, or (b) the standard conditions so far as they are incorporated in electricity generation licences by virtue of section 8A of the Electricity Act 1989;
- generation licence exemption
means an exemption from section 4(1)(a) of the Electricity Act 1989 granted under section 5(1) of that Act;
- highway
has the same meaning as in the Highways Act 1980;
- hydraulic fracturing consent
has the meaning given in subsection (1)(b);
- information regulations
means regulations under subsection (3) of section 38.
- land-based facility
means a renewable electricity generation facility that is not an offshore facility;
- landward area
means those parts of the landward area, within the meaning of the 2014 Regulations, that are in England and Wales.
- licensee
means the holder of the onshore licence for England or Wales;
- local authority
means— (a) a district council, (b) a county council in England for an area for which there is no district council, (c) a county council in Wales, (d) a county borough council, (e) a London borough council, (f) the Common Council of the City of London, or (g) the Council of the Isles of Scilly;
- local highway authority
has the same meaning as in that Act;
- local planning authority
means— (a) the planning authority to which the application for the relevant planning permission was made (unless the Secretary of State or Welsh Ministers are responsible for determining the application), or (b) the Secretary of State or Welsh Ministers (if responsible for determining the application);
- offer
means the offer of stakes in a qualifying facility through the right to buy.
- offshore facility
means a renewable electricity generation facility that is located in waters in or adjacent to Great Britain that are beyond the mean low water mark;
- onshore licence for England or Wales
means a licence granted under section 3 which authorises a person to search or bore for or get petroleum in those parts of the landward area (within the meaning of the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014) that are in England or Wales or are beneath waters (other than waters adjacent to Scotland);
- operator and ownership regulations
means regulations under subsection (2) of section 38.
- operator under a petroleum licence
means a person who is responsible for organising or supervising any of the operations of searching for, boring for, or getting UK petroleum in pursuance of the petroleum licence;
- payment function
means a function of making a payment under an RHI scheme (whether the function authorises or requires the making of the payment);
- payment scheme regulations
means regulations under section 45.
- petroleum
has the same meaning as in Part 1 of the Petroleum Act 1998 (see section 1 of that Act);
- petroleum got through onshore activity in England
means petroleum got from the strata in which it exists in its natural condition by activity carried out on land in England (excluding land covered by the sea or any tidal waters);
- petroleum licence
means a licence granted under— (a) section 3 of this Act, or (b) section 2 of the Petroleum (Production) Act 1934;
- planning consent
means whichever of the following is, or are, needed for that facility to be developed—
- prescribed
means prescribed by development order made by the Secretary of State.”
- principal objective
has the meaning given in section 9A;
- promoter
means a person developing a qualifying facility.
- proposed strategic highways company
means a company which the Secretary of State proposes to appoint as a strategic highways company;
- public body
means a person or body with functions of a public nature. 7 This section and sections 333DB and 333DC bind the Crown, but do not have effect in relation to property, rights or liabilities belonging to— a Her Majesty in right of the Crown, b Her Majesty in right of Her private estates, c Her Majesty in right of the Duchy of Lancaster, or d the Duchy of Cornwall. 8 The reference in subsection (7) to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862. 333DB 1 A transfer scheme may— a create for the transferor interests in, or rights over, property transferred by virtue of the scheme, b create for a transferee interests in, or rights over, property retained by the transferor or transferred to another transferee, c create rights or liabilities between the transferor and a transferee or between transferees. 2 A transfer scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned. 3 In particular, a transfer scheme may provide for the transfer to take effect regardless of a contravention, liability or interference with an interest o
- qualifying facility
means a renewable electricity generation facility in relation to which the right to buy is to be, is, or has been, exercisable;
- reimbursement payment
has the meaning given in paragraph 2;
- reimbursement powers
has the meaning given in paragraph 2;
- relevant enactment
means a provision which is made by or under an Act and which provides for the registration of a charge or other matter as a local land charge. 6 For the purposes of this section the area of the Common Council of the City of London includes the Inner Temple and the Middle Temple.”
- relevant energy undertaking
means a person who proposes to exercise, or exercises, the right of use;
- relevant environmental regulator
means— (a) the Environment Agency, if the relevant well is situated in England, or (b) the Natural Resources Body for Wales, if the relevant well is situated in Wales;
- relevant land
means land in respect of which the right of use is proposed to be, or is, exercised;
- relevant planning permission
means planning permission to be granted, or granted, in respect of development which includes the relevant well;
- relevant requirement
means a requirement imposed by regulations under section 45 or 46;
- relevant tax
means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax;
- relevant UK waters
means— (a) the territorial sea adjacent to the United Kingdom, and (b) the sea in any area designated under section 1(7) of the Continental Shelf Act 1964;
- relevant undertaker
means the water undertaker or sewerage undertaker in whose area of appointment the relevant well is located;
- relevant well
means the well to which a well consent relates;
- renewable electricity generation facility
means a facility using a renewable source of energy to generate electricity (and here “renewable source” has the same meaning as in sections 32 to 32LB of the Electricity Act 1989 — see section 32M of that Act) which is located in— (a) Great Britain, (b) waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea adjacent to Great Britain, but do not form part of that territorial sea, (c) the territorial sea adjacent to Great Britain, or (d) the Renewable Energy Zone (within the meaning of Chapter 2 of Part 2 of the Energy Act 2004), except for any part of that Zone which forms part of the territorial sea adjacent to Northern Ireland;
- renewable source
has the same meaning as in sections 32 to 32LB of the Electricity Act 1989 — see section 32M of that Act) which is located in— (a) Great Britain, (b) waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea adjacent to Great Britain, but do not form part of that territorial sea, (c) the territorial sea adjacent to Great Britain, or (d) the Renewable Energy Zone (within the meaning of Chapter 2 of Part 2 of the Energy Act 2004), except for any part of that Zone which forms part of the territorial sea adjacent to Northern Ireland;
- reporting period
means— (a) the period ending with 1 April 2016, and (b) each subsequent period of 5 years.
- right of use
means the right conferred by section 43;
- right to buy
means the right to buy a stake in a renewable electricity generation facility that is given by regulations under subsection (1).
- right to buy regulations
means regulations under subsection (1) of section 38.
- scheme
means a scheme under section 15.
- security and resilience function
means any function which relates to— a the security of petroleum supplies, or b the resilience of the petroleum industry. 9F 1 The Secretary of State must produce the first strategy before the end of the period of one year beginning with the day on which this section comes into force. 2 The Secretary of State may subsequently— a produce a new strategy, or b revise a current strategy, whenever the Secretary of State thinks appropriate. 3 The Secretary of State must review each current strategy before the end of each relevant four year period. 4 In reviewing a current strategy, the Secretary of State must (in particular) take account of the results of any consideration undertaken under section 9D in respect of reporting periods falling within the relevant four year period. 5 In this section “relevant four year period”, in relation to a current strategy, means a period of four years beginning with— a the date on which the strategy was issued, or b if later, the date on which the last review under subsection (3) was concluded. 9G 1 Before— a producing the first strategy, b producing a new strategy, or c revising a current strategy, the Secretary of St
- shares
includes any other instrument by which a person holds an interest in the equity of an incorporated body;
- Species
means any kind of animal or plant. 2 A species is “invasive” if, uncontrolled, it would be likely to have a significant adverse impact on— a biodiversity, b other environmental interests, or c social or economic interests. 3 A species is “non-native” if— a it is listed in Part 1 or 2 of Schedule 9, or b in the case of a species of animal, it is a species— i whose natural range does not include any part of Great Britain, and ii which has been introduced into Great Britain or is present in Great Britain because of other human activity. 4 References to a species being “present” on premises include its being present at any stage in its life-cycle (for example, as eggs or seeds). 5 A species of animal is “no longer normally present in Great Britain” if— a it is a species listed in Part 1B of Schedule 9, or b it is a species— i whose natural range includes all or any part of Great Britain, and ii which has ceased to be ordinarily resident in, or a regular visitor to, Great Britain in a wild state. 3 1 “Environmental authority”, in relation to premises in England, means— a the Secretary of State, b the Environment Agency, c Natural England, and d the Forestry Commissioners. 2 “E
- specified
means specified in regulations under section 45 or 46;
- specified person
means a person specified by development order under section 61DB(4).”
- specified public body
means a public body which is for the time being specified, or of a description specified, by regulations made by the Secretary of State. 3 On the date specified by a scheme as the date on which the scheme is to have effect, the designated property, rights or liabilities are transferred and vest in accordance with the scheme. 4 The Secretary of State may not make a scheme under this section unless the specified public body to which the scheme relates has consented to its provisions. 5 A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry). 6 In this section— • “designated”, in relation to a scheme, means specified in or determined in accordance with the scheme;
- strategic highways company
means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.”
- substance
includes electricity and any other intangible thing;
- tax provision
means a provision of an enactment about a relevant tax. 5 References in this section to the transfer of property, rights or liabilities in accordance with a transfer scheme under section 53A include references to— a the creation of interests, rights or liabilities under the scheme, and b the modification of interests, rights or liabilities under the scheme, (and “transferred”, in relation to property, rights or liabilities, is to be read accordingly).”
- the 2014 Regulations
means the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 (S.I. 2014/1686), as in force on the day on which subsections (1A) to (1C) come into force;
- the Extractive Industries Transparency Initiative
means the international initiative of that name which has the aim of promoting openness in the management of revenues from natural resources.”
- the new register
means the local land charges register kept by the Chief Land Registrar under the Local Land Charges Act 1975;
- transfer date
means a date specified by a transfer scheme as the date on which the scheme is to have effect. 333DC 1 The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to— a any property, rights or liabilities transferred in accordance with a transfer scheme, or b anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with such a transfer scheme. 2 The provision that may be made under subsection (1)(a) includes, in particular, provision for— a a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred;
- transfer scheme
means a transfer scheme under section 333DA;
- upstream petroleum infrastructure
means— a a gas processing facility, b an oil processing facility, or c an upstream petroleum pipeline, if and in so far as it meets conditions A and B. 2 A facility or pipeline meets condition A if and in so far as it is situated in Great Britain or relevant UK waters. 3 A facility or pipeline meets condition B if and in so far as it is used in relation to UK petroleum (including such petroleum after it has been got). 4 But an upstream petroleum pipeline is not “upstream petroleum infrastructure” if it is a pipeline to which section 17GA applies (petroleum pipelines subject to Norwegian access system). 5 In this section, the following expressions have the same meanings as in Chapter 3 of Part 2 of the Energy Act 2011 (see section 90 of that Act)— a “gas processing facility”;
- users of highways
includes cyclists and pedestrians.
- Wales
has the same meaning as in the Government of Wales Act 2006 (see section 158(1) and (3) of that Act);
- well consent
means a consent in writing of the Secretary of State to the commencement of drilling of a well. 9 The power of the Secretary of State to make regulations under section 4 includes power to make such amendments of the definition of “onshore licence for England or Wales” in this section as the Secretary of State considers appropriate in consequence of any other exercise of the power under section 4. 10 The Secretary of State may, by regulations made by statutory instrument— a make such amendments of column 2 of the table in section 4A as the Secretary of State considers appropriate, and b make such other amendments of section 4A or this section as the Secretary of State considers
- Welsh onshore area
has the same meaning as in Section D2 in Part 2 of Schedule 7A to the Government of Wales Act 2006.