The following Energy practice note Produced in partnership with Andreas Gunst of DLA Piper provides comprehensive and up to date legal information covering:
Section 4 of the Electricity Act 1989 (EA 1989) requires entities undertaking certain activities in the electricity sector to hold a licence. These are set out in more detail in the sections below.
EA 1989 provides that it is an offence to undertake licensable activities unless authorised to do so by a licence and that a person guilty of such offence will be liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine.
The Office of Gas and Electricity Markets (Ofgem) publishes the licences of all licence holders under EA 1989 in its Electronic Public Register.
Generation refers to the 'generation' of electricity for the purpose of giving a ‘supply to any premises’ or enabling a supply to be given. This means that there are three key elements required for the requirement for a generation licence to bite.
First, there needs to be ‘generation’. The term ‘generate’ is defined to mean generation ‘at a relevant place’. In turn ‘relevant place’ is defined to mean generation in Great Britain (GB), in the territorial sea adjacent to GB or in a ‘Renewable Energy Zone’.
‘Renewable Energy Zones’ are defined by reference to section 84(4) of the Energy Act 2004 (EA 2004) and, in summary, are certain areas specified in or designated under EA 2004 that,
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BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
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