Statutory Instrument 1990 No. 265

The Electricity (Imported Capacity) Regulations 1990

---

© Crown Copyright 1990

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Electricity (Imported Capacity) Regulations 1990, ISBN 0110032659. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1990 No. 265

ELECTRICITY

The Electricity (Imported Capacity) Regulations 1990

The Secretary of State, in exercise of the powers conferred by sections 32(9)(b), 60 and 64(1)^[1] of the Electricity Act 1989^[2], and of all other enabling powers, hereby makes the following Regulations:—

Citation and commencement
    1.    These Regulations may be cited as the Electricity (Imported Capacity) Regulations 1990 and shall come into force on 31st March 1990.

Interpretation
    2.    In these Regulations—
"the Act" means the Electricity Act 1989;
"contract capacity" means the wattage specified in a contract for the purchase of eligible electricity generated outside the United Kingdom;
"eligible electricity" means electricity generated outside the United Kingdom in prescribed circumstances;
"interconnector" means a system of electric lines and electrical plant by means of which electricity generated outside the United Kingdom may be conveyed to the United Kingdom;
"interconnector capacity" means the highest wattage of electricity which can be conveyed indefinitely by means of an interconnector without causing damage to it, measured—
 (a) in the case of an interconnector between an alternating current system and a direct current system, on the alternating current side of the relevant converter-transformer; or
 (b) in the case of an interconnector between two alternating current systems, at the first substation in the United Kingdom;

"relevant converter-transformer" means—
 (a) in relation to an interconnector having one converter-transformer located in the United Kingdom and another converter-transformer located outside the United Kingdom, the converter-transformer located in the United Kingdom; and
 (b) in relation to an interconnector having only one converter-transformer, that converter-transformer;

"prescribed circumstances" means the circumstances prescribed in regulation 3 of these Regulations.

Prescribed circumstances
    3.    The circumstances in which electricity generated outside the United Kingdom shall be treated for the purposes of section 32(5)(a) of the Act as generated by a non-fossil fuel generating station are—
 (a) that there is a contract for the purchase, at any wattage specified in the contract, of electricity generated by a particular non-fossil fuel generating station or a non-fossil fuel generating station of a particular description; and
 (b) that there is also a contract for the conveyance of that wattage of that electricity to the United Kingdom by means of an interconnector.

Prescribed extent: single contracts
    4.—(1)  This regulation applies where there is one contract only for the purchase of eligible electricity to be conveyed to the United Kingdom by means of a particular interconnector.

    (2)  Where the contract capacity is equal to or less than the interconnector capacity, the whole of the contract capacity shall be treated for the purposes of section 32(5)(a) of the Act as generated by a non-fossil fuel generating station.

    (3)  Where the contract capacity is greater than the interconnector capacity, only that part of the contract capacity which is equal to the interconnector capacity shall be treated for the purposes of section 32(5)(a) of the Act as generated by a non-fossil fuel generating station.

Prescribed extent: multiple contracts
    5.—(1)  This regulation applies where there are two or more contracts for the purchase of eligible electricity to be conveyed to the United Kingdom by means of a particular interconnector.

    (2)  Where the aggregate of the contract capacities is equal to or less than the interconnector capacity, the whole of each of the contract capacities shall be treated for the purposes of section 32(5)(a) of the Act as generated by a non-fossil fuel generating station.

    (3)  Subject to paragraphs (4) and (5) of this regulation, where the aggregate of the contract capacities is greater than the interconnector capacity—
 (a) a capacity equal to the interconnector capacity shall be apportioned between the contracts in the ratio which each contract capacity bears to the aggregate of the contract capacities; and
 (b) in relation to each contract, the capacity so apportioned to the contract shall be treated for the purposes of section 32(5)(a) of the Act as generated by a non-fossil fuel generating station.

    (4)  Paragraph (3) of this regulation shall not apply where the terms of the contracts for the purchase of eligible electricity, and of any related contracts for the conveyance of that electricity to the United Kingdom by means of an interconnector, are such that the wattage of electricity to be conveyed at any particular time is equal to or less than the interconnector capacity.

    (5)  In the circumstances described in paragraph (4) of this regulation the aggregate of the contract capacities shall be taken to be equal to the interconnector capacity, and accordingly paragraph (2) of this regulation shall apply.

John Wakeham

Secretary of State for Energy

14th February 1990

These Regulations set out the circumstances in which, and the extent to which, electricity generated outside the United Kingdom is to be treated, for the purposes of section 32(5)(a) of the Electricity Act 1989, as generated by a non-fossil fuel generating station.

The prescribed circumstances are that there is a contract for the purchase, at a wattage specified in the contract, of electricity generated by a particular non-fossil fuel generating station; and that there is a contract for the conveyance of that wattage of that electricity to the United Kingdom by means of an interconnector.

The prescribed extent is limited to the capacity of the interconnector being used or, if less, the capacity specified in the contract.

An interconnector is defined (in regulation 2) as a system of electric lines and electrical plant by means of which electricity generated outside the United Kingdom may be conveyed to the United Kingdom.

[1] See the definition of "prescribed". back

[2] 1989 c. 29. back