The Energy Act 2008 (Commencement No. 5) Order 2010

• Citation: S.I. 2010/1888
• Sections: 2

Section 1 Citation and interpretation

(1) This Order may be cited as the Energy Act 2008 (Commencement No. 5) Order 2010.

(2) In this Order—

“ the Act ” means the Energy Act 2008;

“electrical plant”, “electric line” and “generating station” have the meanings given by section 64(1) (interpretation etc of Part 1) of the Electricity Act 1989 ;

“offshore waters” means waters in or adjacent to Great Britain which are—

between the mean low water mark and the seaward limits of the territorial sea; and

waters within an area designated under section 1(7) of the Continental Shelf Act 1964 ; and

“tender exercise” means a competitive tender exercise undertaken in accordance with regulations made under section 6C (competitive tenders for offshore transmission licences) of the Electricity Act 1989 .

Section 2 Commencement

(1) Section 44(3) (definition of ‘relevant offshore line’) of the Act comes into force on 29th July 2010—

(a) in relation to assets which—

(i) have been the subject of a tender exercise;

(ii) have been transferred to the person who was the successful bidder in relation to that tender exercise; and

(iii) were not constructed or installed by that person;

(b) in relation to any electric line and associated electrical plant which—

(i) is located partly in an area of offshore waters; and

(ii) is used in the conveyance of electricity generated only by a generating station located otherwise than in an area of offshore waters.

(2) Sections 84 (power to amend licence conditions etc: transmission systems), 85 (procedure for modification) and 86 (supplemental) of the Act come into force on 29th July 2010.