For the purposes of this Part a person is not to be regarded as participating in the transmission of electricity if the following four conditions are met.
The first condition is that the transmission takes place over a transmission system ("the system") or anything forming part of it.
The second condition is that the transmission takes place during a commissioning period (see section 6G).
In relation to an offshore transmission system, the third condition is that—
In relation to a transmission system other than an offshore transmission system, the third condition is that—
The fourth condition is that—
For the purposes of subsection (1), it does not matter whether or not the person mentioned in that subsection is the developer in relation to the tender exercise.
For the purposes of subsection (5)(b)(iii) and (iv), a person is a "previous developer" in relation to the system if—
In this section—
"associated", in relation to a body corporate, is to be construed in accordance with paragraph 37 of Schedule 2A;
"developer", in relation to a tender exercise, means any person within section 6CB(3)(a) or (b) (person who makes the connection request, including any person who is to be so treated by virtue of section 6CC(2);
"offshore transmission" means the transmission within an area of offshore waters of electricity generated by a generating station in such an area;
"offshore transmission licence" means a transmission licence authorising anything that forms part of a transmission system to be used for purposes connected with offshore transmission;
"offshore transmission tender regulations" means tender regulations that provide for the determination on a competitive basis of the person to whom an offshore transmission licence is to be granted;
"offshore transmission system" means a transmission system used for purposes connected with offshore transmission;
"operator", in relation to a generating station, means the person who is authorised to generate electricity from that station—
(a)by a generation licence granted under section 6(1)(a), or
(b)in accordance with an exemption granted under section 5(1);
"qualifying project" is to be construed in accordance with the tender regulations;
"tender exercise" has the meaning given by section 6CD(3);
"relevant generating station", in relation to a transmission system, means a generating station that generates electricity transmitted over the system;
"tender regulations" has the meaning given by section 6C(1).