Electricity (Class Exemptions from the Requirement for a Licence) Order 2001

JurisdictionUK Non-devolved
CitationSI 2001/3270
Year2001
  • This Order may be cited as the Electricity (Class Exemptions from the Requirement for a Licence) Order 2001 and shall come into force on 1st October 2001.
  • (1) In this Order—one of them is a subsidiary of the other; orboth of them are subsidiaries of the same holding company;one of them is a 75 per cent subsidiary of the other; orboth of them are 75 per cent subsidaries of a third body corporate;50 per cent or more of the ordinary share capital of one of them is owned directly or indirectly by the other; or50 per cent or more of the ordinary share capital of each of them is owned directly or indirectly by a third body corporate;is generating or capable of generating electricity; oris not capable of generating electricity only by reason of the maintenance, repair or testing of the plant or equipment.the same premises;immediately adjoining each other; orseparated from each other only by a road, railway or watercourse or by other premises occupied by the consumer in question, by any other person who together with that consumer forms a qualifying group, or by the person seeking to fall within the class in question specified in Schedule 2 or 4.from section 4(1) (a) of the Act to persons of the classes specified in Schedule 2;from section 4(1) (bb) of the Act to persons of the classes specified in Schedule 3; andfrom section 4(1) (c) of the Act to persons of the classes specified in Schedule 4.(2) A person shall be treated as falling within any class specified in Schedule 2, 3 or 4 notwithstanding that he generates, distributes or supplies electricity, as the case may be, in circumstances other than those specified in the description of that class if the generation, distribution or supply of electricity in those circumstances would, if taken on its own, be such that that person would fall within another class in Schedule 2, 3 or 4, as the case may be.(1) The exemption granted by article 3(1) (a) to persons of Class D in Schedule 2 is subject to compliance with the condition specified in paragraph (2) below.(2) The highest generation of electricity from any generating station of such a person (at the main alternator terminals) which can be maintained indefinitely without causing damage to the plant (the “maximum capacity”) shall not at any time exceed the maximum capacity of that generating station on 30th September 2000.(3) The exemption granted by article 3(1) (b) to persons of the classes specified in Schedule 3 is subject to compliance with the conditions specified in paragraph (4) below.Persons referred to in paragraph (3) above F20(other than persons who fall within Class D of Schedule 3) who at any time distribute more electrical power than 500 kilowatts to domestic consumers and who are vertically integrated undertakings shall keep separate accounts for their distribution activities in their internal accounts.Persons referred to in paragraph (3) above who fall within Class D of Schedule 3 shall not distribute electricity for the purpose of giving a supply to domestic premises.(5) The exemption granted by article 3(1) (c) to persons of Class A in Schedule 4 is subject to compliance with the conditions specified in paragraph (6) below.shall not supply electricity to domestic consumers at a price which exceeds such maximum price as may be specified in or as may be calculated by such method and by reference to such matters as may be specified in a direction given by the Authority; andshall give at least seven days’ notice in writing to a domestic consumer before entering into a contract to supply the same. The notice shall be in such form as the Authority may direct and shall, in particular, specify that the person is authorised to supply electricity by exemption under article 3(1) (c) of this Order and is therefore not subject to the licence conditions and the obligations under the Act that he would be subject to if he were a licensed supplier.(7) The exemption granted by article 3(1) (c) to persons of Class C in Schedule 4 is subject to compliance with the condition specified in paragraph (8) below.(8) A person shall not supply electricity to domestic consumers who are additional group consumers within the 100 megawatt limit at a price which exceeds such maximum price as may be specified in or as may be calculated by such method and by reference to such matters as may be specified in a direction given by the Authority.
  • The Electricity (Class Exemptions from the Requirement for a Licence) Order 1997
  • (1) The declared net capacity of a generating station which is driven by any means other than water, wind or solar power is the highest generation of electricity (at the main alternator terminals) which can be maintained indefinitely without causing damage to the plant less so much of that capacity as is consumed by the plant.(2) The declared net capacity of a generating station which is driven by water, wind or solar power shall be ascertained by the application of the formulaA×Bwhere—A is the highest generation of electricity (at the main alternator terminals or, in the case of direct current generation, at the output terminals of the direct current to alternating current converter) which, on the assumption that the source of power is available uninterruptedly, can be maintained indefinitely without causing damage to the plant less so much of that electricity as is consumed by the plant; andB has the value set out in the table as applicable to the particular description of station.(Table)
    (1) (2)
    Description of station Value of B
    1.Station driven by tidal or wave power 0.33
    2.Station driven by any form of water power other than tidal or wave power 1
    3.Station driven by wind power 0.43
    4.Station driven by solar power 0.17

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