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The Secretary of State, in exercise of the powers conferred upon her by section 5 of the Electricity Act 1989 [1] and after giving notice under and considering any representations in accordance with section 5(2) of that Act, and after consultation with the Scottish Ministers [2], hereby makes the following Order: - Citation and commencement 1. - (1) This Order may be cited as the Electricity (Exemption from the Requirement for a Generation Licence) (Scotland) Order 2004 and shall come into force on 30th December 2004. (2) This Order does not extend to England and Wales. Interpretation 2. In this Order -
Exemption from section 4(1)(a) of the Act
(b) The Braes of Doune generating station is connected to a distribution system in Scotland operated by a licensed distributor and is not normally capable of exporting more electrical power than 100 megawatts to that system, disregarding power temporarily provided in excess of 100 megawatts due to technical circumstances outside the reasonable control of Braes of Doune Limited.
(This note is not part of the Order) This Order grants exemption from the requirements of section 4(1)(a) of the Electricity Act 1989 (which prohibits the generation of electricity without a licence or exemption) to Braes of Doune (Scotland) Limited in respect of plant known as the Braes of Doune Wind Farm. The Braes of Doune Wind Farm is situated in Scotland and the Order has been made after consultation with the Scottish Ministers. This Order does not extend to England and Wales. A regulatory impact assessment in respect of exemptions from the requirements of section 4(1)(a) of the Electricity Act 1989 was prepared in October 2001 and can be obtained from Energy Markets Unit, Bay 235, Department of Trade and Industry, 1 Victoria Street, London, SW1H 0ET. Copies have been placed in the libraries of both Houses of Parliament. Notes: [1] 1989 c.29; section 5 was substituted by section 29 of the Utilities Act 2000 (c.27).back [2] Pursuant to article 4 of, and Schedule 3 to, the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I.1999/1750).back [3] Section 6 was substituted by section 30 of the Utilities Act 2000.back
ISBN 0 11 050886 6
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