The Electricity Consents (Planning) (Northern Ireland) Order 2006

Document Number:2006 No. 2955 (N.I.19)

Statutory Instruments



14 th November 2006

Coming into operation in accordance with Article 1(2)

At the Court at Buckingham Palace, the 14 th day of November 2006


The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–

Title, commencement and interpretation

  1. —(1) This Order may be cited as the Electricity Consents (Planning) (Northern Ireland) Order 2006.

    (2) Articles 2 and 3 come into operation on such day as the Department of Enterprise, Trade and Investment may by order appoint.

    (3) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

    Deemed planning permission, etc on grant of certain consents under Electricity Order

  2. —(1) Schedule 8 to the Electricity (Northern Ireland) Order 1992 (NI 1) (consents under Articles 39 and 40 of that Order) is amended as follows.

    (2) In paragraph 1 for the words from “the land to which” to the end substitute

    “the place to which the application relates, that is—

    in the case of an application under Article 39 , the place where it is proposed to construct the generating station, where the proposed extension will be or where the station proposed to be operated is situated; and

    in the case of an application under Article 40 , the land across which the electric line is proposed to be installed or kept installed”.

    (3) After paragraph 1 insert—


    1 A.—(1) Regulations shall make provision for securing—

    (a) that notice of any application for consent under Article 39 or 40 is, in such circumstances as may be prescribed, published in such manner as may be prescribed;

    (b) that notice of any such application is served—

    (i) by the Department on the Department of the Environment;

    (ii) on such district council or councils as the Department may direct; and

    (iii) in such circumstances as may be prescribed or where the Department so directs, on such other persons as may be prescribed or, as the case may be, specified in the direction;

    (c) that every notice published or served in pursuance of the regulations states the period (not being less than such minimum period as may be prescribed) within which, and the manner in which, objections to the application may be made to the Department.

    (2) In relation to applications for consent under Article 39 to the extension of a generating station or to the operation of such a station in a different manner, regulations under this paragraph may include provision for enabling the Department to give directions dispensing with the requirements of the regulations in...

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