The Electricity (Restrictive Trade Practices Act 1976) (Exemptions) (No. 3) Order 1990

• Citation: S.I. 1990/1490
• Sections: 85

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Electricity (Restrictive Trade Practices Act 1976) (Exemptions)(No. 3) Order 1990 and shall come into force on 15th August 1990.

(2) In this Order —

“the 1976 Act ” means the Restrictive Trade Practices Act 1976 and

“agreement”,

“information provision” and

“restriction” have the same meanings as in that Act;

“the 1989 Act ” means the Electricity Act 1989;

“ the Department ” means the Department of Trade and Industry; and

“public electricity supplier” has the same meaning as in Part I of the 1989 Act.

(3) Any reference in the Schedule to this Order to an agreement includes a reference to that agreement as subsequently varied or amended by any agreement to which any of paragraphs 79 to 82 in Part II of that Schedule applies.

Section 2 Exemptions from the 1976 Act

Agreements relating to the generation, transmission or supply of electricity which are specified in Part I of the Schedule to this Order and such agreements which meet any of the descriptions of agreements specified in Part II of that Schedule and satisfy the condition specified therein in connection with the relevant description are specified as agreements to which, by virtue of section 100(2) of the 1989 Act, the 1976 Act does not apply and is deemed never to have applied.

Section 1

The agreement entitled Pooling and Settlement Agreement for the Electricity Industry in England and Wales and dated 30th March 1990 between National Power PLC , PowerGen plc, Nuclear Electric plc, British Nuclear Fuels plc, The National Grid Company plc (Pumped Storage Business Division), Electricite de France, Service National, Scottish Power plc, Scottish Hydro-Electric plc, The United Kingdom Atomic Energy Authority, Central Power Limited, Eastern Electricity plc, East Midlands Electricity plc, London Electricity plc, Manweb plc, Midlands Electricity plc, Northern Electric plc, NORWEB plc, SEEBOARD plc, Southern Electric plc, South Wales Electricity plc, South Western Electricity plc, Yorkshire Electricity Group plc, NGC Settlements Limited (as Settlement System Administrator), Energy Pool Funds Administration Limited (as Pool Funds Administrator)and The National Grid Company plc (as Grid Operator and Ancillary Services Provider).

Section 2

The agreement entitled Initial Settlement Agreement for the Electricity Industry in England and Wales and dated 30th March 1990 between National Power PLC, PowerGen plc, Nuclear Electric plc, British Nuclear Fuels plc, The National Grid Company plc (Pumped Storage Business Division), Electricite de France, Service National, Scottish Power plc, Scottish Hydro-Electric plc, The United Kingdom Atomic Energy Authority, Central Power Limited, Eastern Electricity plc, East Midlands Electricity plc, London Electricity plc, Manweb plc, Midlands Electricity plc, Northern Electric plc, NORWEB plc, SEEBOARD plc, Southern Electric plc, South Wales Electricity plc, South Western Electricity plc, Yorkshire Electricity Group plc, NGC Settlements Limited (as Settlement System Administrator), Energy Pool Funds Administration Limited (as Pool Funds Administrator)and The National Grid Company plc (as Grid Operator and Ancillary Services Provider).

Section 3

The agreement entitled Funds Transfer Agreement for the Electricity Industry in England and Wales and dated 30th March 1990 between Energy Pool Funds Administration Limited (as Pool Funds Administrator), Barclays Bank plc (as Pool Banker), National Power PLC, PowerGen plc, Nuclear Electric plc, British Nuclear Fuels plc, The National Grid Company plc (Pumped Storage Business Division), Electricite de France, Service National, Scottish Power plc, Scottish Hydro-Electric plc, The United Kingdom Atomic Energy Authority, Central Power Limited, Eastern Electricity plc, East Midlands Electricity plc, London Electricity plc, Manweb plc, Midlands Electricity plc, Northern Electric plc, NORWEB plc, SEEBOARD plc, Southern Electric plc, South Wales Electricity plc, South Western Electricity plc, Yorkshire Electricity Group plc and The National Grid Company plc (as Ancillary Services Provider).

Section 4

The agreement entitled Umbrella Agreement and dated 30th March 1990 between National Power PLC, PowerGen plc, Nuclear Electric plc, Eastern Electricity plc, East Midlands Electricity plc, London Electricity plc, Manweb plc, Midlands Electricity plc, Northern Electric plc, NORWEB plc, SEEBOARD plc, Southern Electric plc, South Wales Electricity plc, South Western Electricity plc and Yorkshire Electricity Group plc.

Section 5

The agreement which is —

(a) entitled Agreement between Public Electricity Suppliers Relating to an Umbrella Agreement dated 30th March 1990 between Nuclear Electric plc, National Power PLC, PowerGen plc and the Public Electricity Suppliers There Listed;

(b) dated 30th March 1990; and

(c) made between Eastern Electricity plc, East Midlands Electricity plc, London Electricity plc, Manweb plc, Midlands Electricity plc, Northern Electric plc, NORWEB plc, SEEBOARD plc, Southern Electric plc, South Wales Electricity plc, South Western Electricity plc and Yorkshire Electricity Group plc.

Section 6

The agreement entitled Contract Relating to Capacity and Output from Nuclear Stations and dated 30th March 1990 between Nuclear Electric plc and Non-Fossil Purchasing Agency Limited (as agent for and on behalf of the public electricity suppliers of England and Wales).

Section 7

The agreement entitled Contract Relating to Capacity and Output from Nuclear Station at Winfrith, Dorset and dated 30th March 1990 between The United Kingdom Atomic Energy Authority and Non-Fossil Purchasing Agency Limited (as agent for and on behalf of the public electricity suppliers of England and Wales).

Section 8

The agreement entitled Contract Relating to Capacity and Output from Nuclear Station at Calder Hall and dated 30th March 1990 between British Nuclear Fuels plc and Non-Fossil Purchasing Agency Limited (as agent for and on behalf of the public electricity suppliers of England and Wales).

Section 9

The Memorandum and Articles of Association of Non-Fossil Purchasing Agency Limited.

Section 10

The agreement entitled Subscription and Shareholders' Agreement for Non-Fossil Purchasing Agency Limited and dated 30th March 1990 between Eastern Electricity plc, East Midlands Electricity plc, London Electricity plc, Manweb plc, Midlands Electricity plc, Northern Electric plc, NORWEB plc, SEEBOARD plc, Southern Electric plc, South Wales Electricity plc, South Western Electricity plc, Yorkshire Electricity Group plc and Non-Fossil Purchasing Agency Limited.

Section 11

The agreement entitled Agency Agreement Concerning Qualifying Arrangements for the Purchase of Non Fossil Generated Power and The Fossil Fuel Levy and dated 30th March 1990 between Eastern Electricity plc, East Midlands Electricity plc, London Electricity plc, Manweb plc, Midlands Electricity plc, Northern Electric plc, NORWEB plc, SEEBOARD plc, Southern Electric plc, South Wales Electricity plc, South Western Electricity plc, Yorkshire Electricity Group plc and Non-Fossil Purchasing Agency Limited.

Section 12

The agreement entitled Direction and Request to the Director General of Electricity Supply and dated 30th March 1990 between Eastern Electricity plc, East Midlands Electricity plc, London Electricity plc, Manweb plc, Midlands Electricity plc, Northern Electric plc, NORWEB plc, SEEBOARD plc, Southern Electric plc, South Wales Electricity plc, South Western Electricity plc, Yorkshire Electricity Group plc, Non-Fossil Purchasing Agency Limited and the Director General of Electricity Supply.

Section 13

The agreement entitled The British Grid Systems Agreement and dated 30th March 1990 between The National Grid Company plc, Scottish Hydro-Electric plc and Scottish Power plc.

Section 14

The agreement entitled Ancillary Services Agreement and dated 30th March 1990 between The National Grid Company plc and Scottish Hydro-Electric plc.

Section 15

The agreement entitled Ancillary Services Agreement and dated 30th March 1990 between The National Grid Company plc and Scottish Power plc.

Section 16

The agreement entitled Use of Interconnector Agreement (Scotland) and dated 30th March 1990 between The National Grid Company plc, Scottish Hydro-Electric plc and Scottish Power plc.

Section 17

The agreement entitled User Agreement Relating to the NGC Interconnector Circuits (Scotland) and dated 30th March 1990 between The National Grid Company plc and British Nuclear Fuels plc.

Section 18

The agreement entitled Protocol Establishing the Framework and Procedures for the Various Commercial Agreements Made Possible by a New Direct Current Link of 2000MW Capacity and dated 16th June 1981 between the Central Electricity Generating Board and Electricite de France, Service National.

Section 19

The agreement entitled Procedures for the Operation of the Cross Channel Link and dated 3rd April 1989 between the Central Electricity Generating Board and Electricite de France, Service National.

Section 20

The agreement entitled Interconnector Agreement (France) and dated 30th March 1990 between The National Grid Company plc and Electricite de France, Service National.

Section 21

The agreement entitled Interim Operating Procedure for Operation of the Cross Channel Link and dated 30th March 1990 between The National Grid Company plc and Electricite de France, Service National.

Section 22

The agreement entitled Agreement Relating to Continental Europe Interconnector and dated 30th March 1990 between The National Grid Company plc and Eastern Electricity plc.

Section 23

The agreement entitled Agreement Relating to Continental Europe Interconnector and dated 30th March 1990 between The National Grid Company plc and East Midlands Electricity plc.

Section 24

The agreement entitled Agreement Relating to Continental Europe Interconnector and dated 30th March 1990 between The National Grid Company plc and London Electricity plc.

Section 25

The agreement entitled Agreement Relating to Continental Europe Interconnector and dated 30th March 1990 between The National Grid Company plc and Manweb plc.

Section 26

The agreement entitled Agreement Relating to Continental Europe Interconnector and dated 30th March 1990 between The National Grid Company plc and Midlands Electricity plc.

Section 27

The agreement entitled Agreement Relating to Continental Europe Interconnector and dated 30th March 1990 between The National Grid Company plc and Northern Electric plc.

Section 28

The agreement entitled Agreement Relating to Continental Europe Interconnector and dated 30th March 1990 between The National Grid Company plc and NORWEB plc.

Section 29

The agreement entitled Agreement Relating to Continental Europe Interconnector and dated 30th March 1990 between The National Grid Company plc and SEEBOARD plc.

Section 30

The agreement entitled Agreement Relating to Continental Europe Interconnector and dated 30th March 1990 between The National Grid Company plc and Southern Electric plc.

Section 31

The agreement entitled Agreement Relating to Continental Europe Interconnector and dated 30th March 1990 between The National Grid Company plc and South Wales Electricity plc.

Section 32

The agreement entitled Agreement Relating to Continental Europe Interconnector and dated 30th March 1990 between The National Grid Company plc and South Western Electricity plc.

Section 33

The agreement entitled Agreement Relating to Continental Europe Interconnector and dated 30th March 1990 between The National Grid Company plc and Yorkshire Electricity Group plc.

Section 34

The agreement entitled Participation Agreement Relating to the Supply of Electricity through the Interconnector from France and dated 30th March 1990 between Eastern Electricity plc, East Midlands Electricity plc, London Electricity plc, Manweb plc, Midlands Electricity plc, Northern Electric plc, NORWEB plc, SEEBOARD plc, Southern Electric plc, South Wales Electricity plc, South Western Electricity plc and Yorkshire Electricity Group plc.

Section 35

The agreement entitled Contract Relating to Output from Non-Fossil Generating Station in France across an Interconnector and dated 30th March 1990 between Electricite de France, Service National and Eastern Electricity plc.

Section 36

The agreement entitled Contract Relating to Output from Non-Fossil Generating Station in France across an Interconnector and dated 30th March 1990 between Electricite de France, Service National and London Electricity plc.

Section 37

The agreement entitled Contract Relating to Output from Non-Fossil Generating Station in France across an Interconnector and dated 30th March 1990 between Electricite de France, Service National and NORWEB plc.

Section 38

The agreement entitled Contract Relating to Output from Non-Fossil Generating Station in France across an Interconnector and dated 30th March 1990 between Electricite de France, Service National and SEEBOARD plc.

Section 39

The agreement entitled Contract Relating to Output from Non-Fossil Generating Station in France across an Interconnector and dated 30th March 1990 between Electricite de France, Service National and Southern Electric plc.

Section 40

The agreement entitled Contract Relating to Output from Non-Fossil Generating Station in France across an Interconnector and dated 30th March 1990 between Electricite de France, Service National and South Western Electricity plc.

Section 41

The agreement dated 20th March 1974 between The United Kingdom Atomic Energy Authority and the North of Scotland Hydro-Electric Board relating to the supply of electricity to and from the Dounreay Establishment.

Section 42

The agreement entitled Cable Systems Maintenance Agreement and dated 1st February 1984 between Pirelli Construction Company Limited and the Central Electricity Generating Board (acting for itself and as authorised agent for and on behalf of Area Electricity Boards in England and Wales).

Section 43

The agreement entitled Cable Systems Maintenance Agreement and dated 1st February 1984 between Balfour Kilpatrick Limited UK Division and the Central Electricity Generating Board (acting for itself and as authorised agent for and on behalf of Area Electricity Boards in England and Wales).

Section 44

The agreement entitled Submarine Power Cable Maintenance Agreement and dated 30th March 1990 between the North of Scotland Hydro-Electric Board, the Southern Electricity Board, the South Western Electricity Board and Balfour Beatty Power Limited.

Section 45

The agreement entitled Scottish Cable Maintenance Agreement, made between the North of Scotland Hydro-Electric Board, the South of Scotland Electricity Board and Pirelli Enfield Supertension Cables Limited and signed by the parties thereto on 17th October 1972, 2nd November 1972 and 10th November 1972.

Section 46

The agreement entitled Scottish Cable Maintenance Agreement, made between the North of Scotland Hydro-Electric Board, the South of Scotland Electricity Board and British Insulated Callender’s Cables Limited and signed by the parties thereto on 24th October 1972, 2nd November 1972 and 10th November 1972.

Section 47

The Memorandum and Articles of Association of St Clements Services Limited.

Section 48

The agreement entitled Subscription and Shareholders' Agreement for St Clements Services Limited and dated 21st June 1990 between Eastern Electricity plc, East Midlands Electricity plc, London Electricity plc, Manweb plc, Midlands Electricity plc, Northern Electric plc, NORWEB plc, SEEBOARD plc, Southern Electric plc, South Wales Electricity plc, South Western Electricity plc, Yorkshire Electricity Group plc and St Clements Services Limited.