Commentary on Sections Other infrastructure provisions Section 18: Power stations: repeal of requirements to give notice
87.Section 18 repeals section 14 of the Energy Act 1976 (“the 1976 Act”) and has the effect of revoking the two orders made under it, namely the Electricity Generating Stations (Fuel Control) Order 1987 (S.I. 1987/2175) and the Electricity Generating Stations (Gas Contracts) Order 1995 (S.I. 1995/2450). Section 14 of the 1976 Act implemented European Council Directive 75/404/EEC of 13 February 1975 on the restriction on the use of natural gas in power stations and Council Directive 75/405/EEC of 14 April 1975 concerning the restriction on the use of petroleum products in power stations.
88.Both Directives have since been repealed (EC/75/404 in 1991 and EC/75/405 in 1997) and the policy objectives behind section 14 (arising in response to market conditions for gas and petroleum products in the 1970s) no longer exist. Generating stations of 50 megawatts or greater are exempt from the requirements of section 14(1) by section 33(1)(e) of the Planning Act 2008. Section 14 of the 1976 Act and the two orders (referred to above) no longer have practical application.