Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Requirements definition

What does Requirements mean? In Development Consent Order (DCO) practice, Requirements are the binding conditions that regulate how, when and on what detailed terms the authorised development may proceed. They typically oblige the undertaker to submit and secure approval of detailed design, construction, and environmental management documents (for example, CEMP, traffic, landscape, contamination and archaeology plans) before commencement, phased works or operation. The term is used in legislation: section 120 of the Planning Act 2008 permits a DCO to impose “requirements”. In most DCOs they are set out in a schedule (often Schedule 2) and function similarly to planning conditions under the Town and Country...

Offshore transmission for wind generators in Great Britain: transfer obligations, tender and Transfer Agreements, cost recovery, construction risks, O&M interfaces, stranded asset risk and end-of-revenue decisions

Published by a LexisNexis Energy expert

Practice notes

Requirement to transfer offshore transmission assets

For further practical guidance on key legal issues in the wind sector, see also the following resources:

Wind: Projects and Transactions
Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition (for detailed commentary on the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales)

That textbook offers in-depth analysis of matters discussed in this Practice Note.

Why are generators required to transfer offshore transmission assets?

An offshore wind farm depends on its link to the onshore electricity grid via offshore electricity transmission assets. Under the regime for projects in Britain’s territorial waters, generators may choose for a separate offshore transmission owner (OFTO) to build these transmission assets; nevertheless, to date, UK offshore wind generators have undertaken the construction themselves (commonly termed Generator Build). However, unbundling requirements—implemented in the UK through the Electricity and Gas (Internal Markets) Regulations 2011 (SI 2011/2704)—demand that ownership and operation of transmission systems are kept separate from gas and electricity generation, production and supply activities, which in turn necessitates the transfer of offshore transmission assets...

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Karen Rowe

Herbert Smith Freehills Kramer

Karen is a Senior Associate in the Herbert Smith Freehills LLP Global Energy Group. She has experience in advising clients on domestic and international power projects, energy and infrastructure projects and M&A, and domestic and international oil and gas M&A acting for both bidders and sellers. Karen's experience includes supporting NNB Generation Company (HPC) Limited on various aspects of its Hinkley Point C nuclear new build project, which included a one year secondment to the client's legal team. She works with other clients in the nuclear supply chain, as well as clients across the energy sector....

Web page updated on 21/05/2026

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