The Electricity (Restrictive Trade Practices Act 1976) (Exemptions) (No. 4) Order 1990

• Citation: S.I. 1990/2348
• Sections: 10

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Electricity (Restrictive Trade Practices Act 1976) (Exemptions) (No. 4) Order 1990 and shall come into force on 19th December 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; and

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

(3) Any reference in the Schedule to this Order to an agreement includes a reference to that agreement as subsequently varied or amended by an agreement to which paragraph 8 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 the description of agreements specified in Part II of that Schedule and satisfy the condition specified therein in connection with that 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 dated 1st June 1990 between Scottish Nuclear Limited, Scottish Power plc and Scottish Hydro-Electric plc relating to the provision by Scottish Nuclear Limited to Scottish Power plc and Scottish Hydro-Electric plc of electricity generated at the Hunterston and Torness nuclear power stations.

Section 2

The agreement dated 1st June 1990 between Scottish Power plc and Scottish Hydro-Electric plc relating to the provision by Scottish Power plc to Scottish Hydro-Electric plc of a share of the coal fired plant capacity of the Longannet and Cockenzie power stations.

Section 3

The agreement dated 1st June 1990 between Scottish Hydro-Electric plc and Scottish Power plc relating to the provision by Scottish Hydro-Electric plc to Scottish Power plc of a share of the oil/gas fired plant capacity of the Peterhead power station.

Section 4

The agreement dated 1st June 1990 between Scottish Hydro-Electric plc and Scottish Power plc relating to the provision by Scottish Hydro-Electric plc to Scottish Power plc of a share of hydro generating capacity.

Section 5

The agreement dated 1st June 1990 between Scottish Hydro-Electric plc and Scottish Power plc relating to the provision by Scottish Hydro-Electric plc to Scottish Power plc of a share of any electricity supplied from the Dounreay Establishment.

Section 6

The agreement entitled The Scottish Interconnector Agreement and dated 1st June 1990 between Scottish Power plc and Scottish Hydro-Electric plc.

Section 7

The agreement entitled System Operation Agreement and dated 1st June 1990 between Scottish Hydro-Electric plc and Scottish Power plc.

Section 8

(1) Any agreement which constitutes a variation of or an amendment to any one or more of the agreements specified in Part I of this Schedule or which constitutes a variation of or an amendment to any other agreement to which this paragraph applies.

(2) The condition which must be satisfied by an agreement of a description specified in sub-paragraph (1) above is that–

(a) it does not add to or extend any restrictions or information provisions contained in the agreement which it varies or amends; or

(b) it is in the terms of a draft of which a copy is provided to the Department not less than 21 days before the date on which the agreement is made and in respect of which the Department does not, within 21 days of the provision of the copy, give notice of objection to the party providing it; or

(c) it contains a provision that any restrictions or information provisions which it contains or any provision adding to or extending any restrictions or information provisions contained in the agreement which it varies or amends shall not take effect or shall cease to have effect–

(i) if a copy of the agreement is not provided to the Department within 14 days of the date on which the agreement is made, or

(ii) if, within 28 days of the provision of the copy, the Department gives notice of objection to the party providing it.