The Electricity (Individual Exemption from the Requirement for a Transmission Licence) (Spiorad na Mara) (Scotland) Order 2025

Made: 24th March 2025

Laid before Parliament: 26th March 2025

Coming into force: 7th May 2025

The Secretary of State makes this Order in exercise of the powers conferred by section 5(1) of the Electricity Act 1989[^f00001].

The Secretary of State has given notice of the proposal to make this Order in accordance with section 5(2) and (3) of that Act and has consulted with the Scottish Ministers[^f00002], and has considered any representations made.

Citation, commencement, extent and application

1

• (1) This Order may be cited as the Electricity (Individual Exemption from the Requirement for a Transmission Licence) (Spiorad na Mara) (Scotland) Order 2025 and comes into force on 7th May 2025.

• (2) This Order extends to England and Wales and Scotland.

• (3) This Order applies in relation to Scotland only.

Exemption from section 4(1)(b) of the Electricity Act 1989

2

• (1) The Secretary of State grants exemption from section 4(1)(b) of the Act[^f00003] (prohibition on unlicensed transmission of electricity for supply) to Spiorad na Mara Limited in respect of transmission[^f00004] taking place over the transmission system[^f00005] connecting the Spiorad na Mara offshore generating station with the onshore substation located, or to be located, near the northern coast of the Isle of Lewis.

• (2) The exemption in paragraph (1) is granted indefinitely, starting with the date on which Spiorad na Mara offshore generating station first generates electricity.

• (3) In this article—

• “the Act” means the Electricity Act 1989;

• “Spiorad na Mara Limited” means Spiorad na Mara Limited, a company registered in Scotland with company number SC717716;

• “Spiorad na Mara offshore generating station” means the generating station located, or to be located, between 5 and 13 kilometres off the coast of the Isle of Lewis in the Atlantic Ocean, with its central point being approximately Latitude 58°24′29.113″ and Longitude -6°47′16.379″.

Signed

Michael Shanks — Parliamentary Under Secretary of State — Department for Energy Security and Net Zero — 24th March 2025

Explanatory note

(This note is not part of the Order)

Explanatory Note

This Order grants exemption from the requirement to hold an electricity transmission licence.

Section 4(1)(b) of the Electricity Act 1989 (c. 29) prohibits the transmission of electricity for supply without a licence. The Secretary of State, exercising the powers under section 5(1) of that Act, grants an indefinite exemption from the requirement to hold a transmission licence to Spiorad na Mara Limited in respect of transmission of electricity from the Spiorad na Mara offshore generating station to the onshore substation located on the northern coast of the Isle of Lewis.

A full impact assessment has not been published for this instrument because no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 1989 c. 29; section 5 was substituted by section 29 of the Utilities Act 2000 (c. 27), and relevant amendments were made by S.I. 2012/2400, 2014/631 and 2022/34.

[^f00002]: Under 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), functions under section 5(1) of the Electricity Act 1989 are, in so far as they are exercisable in or as regards Scotland, only exercisable after consultation with the Scottish Ministers.

[^f00003]: Section 4(1)(b) of the Electricity Act 1989 was substituted by section 135(1) and (2) of the Energy Act 2004 (c. 20).

[^f00004]: For the meaning of “transmission”, see section 4(4) of the Electricity Act 1989, which was inserted by section 135(1) and (4) of the Energy Act 2004.

[^f00005]: For the meaning of “transmission system”, see section 4(4) of the Electricity Act 1989, which was inserted by section 135(1) and (4) of the Energy Act 2004.