Electricity (Private Generating Stations and Requests by Private Generators and Suppliers) Regulations 1984

JurisdictionUK Non-devolved
CitationSI 1984/136

1984 No. 136

ELECTRICITY

The Electricity (Private Generating Stations and Requests by Private Generators and Suppliers) Regulations 1984

6thFebruary 1984

9thFebruary 1984

1stMarch 1984

The Secretary of State for Energy in relation to England and Wales and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 2(2) and 5(6) of the Energy Act 1983 (a) (hereinafter called "the Act") and of all other powers enabling them in that behalf, hereby make the following regulations:—

Citation and commencement

1. These regulations may be cited as the Electricity (Private Generating Stations and Requests by Private Generators and Suppliers) Regulations 1984 and shall come into operation on 1st March 1984.

Notice of a proposal to construct or extend a generating station

2.—(1) A notice that a person is required to give under section 2 of the Act to an Area Board (b) or, in Scotland, a Scottish Board (b) shall contain the particulars specified in Schedule 1 to these regulations.

(2) In any case where the work of construction or extension is development for which planning permission is required under section 23 of the Town and Country Planning Act 1971 (c) or, in Scotland, under section 20 of the Town and Country Planning (Scotland) Act 1972 (d) but permission for the development is not granted by a development order made under either of those Acts (e), the notice shall be given—

(a) where the application for planning permission was made on or before 1st March 1984, not later than 1st June 1984; or

(b) where the application for planning permission is made after 1st March 1984 but before 1st June 1984, at the same time as the application for planning permission is made; or

(c) otherwise, not later than three months before the application for planning permission is made.

(3) In any other case, the notice shall be given before whichever is the later of 1st June 1984 and a date not later than six months before the commencement of the work of construction or extension.

(a) 1983 c.25.

(b) Defined in section 26 of the Act.

(c) 1971 c. 78.

(d) 1972 c.52.

(e) Section 24 of the Town and Country Planning Act 1971 confers power to make general or special development orders in relation to England and Wales; section 21 of the Town and Country Planning (Scotland) Act 1972 confers the like power in relation to Scotland.

Requests by private generators and suppliers

3. A request to an Electricity Board (a) under section 5 of the Act shall contain the particulars specified in Schedule 2 to these regulations.

Fees

4.—(1) Subject to paragraph (4) of this regulation, on the making of a request under section 5(2) (b) or (c) of the Act the private generator or supplier shall pay to the Board the initial fee specified in Schedule 3 to these regulations.

(2) At any time thereafter the Board may by notice in writing require the private generator or supplier to pay such a further fee as will, when aggregated with the initial fee paid under paragraph (1) of this regulation, meet the amount of the Board's administrative expenses as certified by a person nominated by the Board for the purpose as having been incurred by it in dealing with the request.

(3) If the Board's administrative expenses as certified as aforesaid are less than the initial fee paid by the private generator or supplier under paragraph (1) of this regulation, the Board shall repay to the private generator or supplier the amount by which that fee exceeds those expenses.

(4) If a private generator or supplier makes at the same time and to the same Board a request under paragraph (b) and a request under paragraph (c) of section 5(2) of the Act one initial fee equal to whichever is the greater of the fee payable under Part...

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