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The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2019

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2019, ISBN 9780111182642

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Statutory Instrument has been made in consequence of a defect in SI 2015/374 and is being issued free of charge to all known recipients of that Statutory Instrument.

Draft Order laid before Parliament under paragraphs 1, 2 and 3 of Schedule 7 to the Scotland Act 1998, for approval by resolution of each House of Parliament.

Constitutional Law

Devolution, Scotland

Electricity

Made ****

Coming into force in accordance with article 1(1)

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(4) and (5) of the Scotland Act 1998f1.

In accordance with paragraphs 1, 2 and 3 of Schedule 7 to that Act, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

1998. c.46. Relevant amendments are made to section 104 by the Scotland Act 2012 (c.11) section 12 and by section 10(3) of the Scotland Act 2016 (c.11).

Contents

  1. 1Citation, commencement and extent
  2. 2Modification of the Electricity Act 1989
  3. Signature
  4. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2019 and comes into force on the day after the day on which it is made.

(2)

This Order extends to England and Wales and Scotland only.

2Modification of the Electricity Act 1989

In the Electricity Act 1989f1—

(a)

in subsection (6) of section 36Df2 (proceedings for questioning certain decisions under section 36), and

(b)

in sub-paragraph (6) of paragraph 5B (proceedings for questioning certain decisions under paragraph 3(2)) of Schedule 8,

for the definition of “relevant waters”, substitute—

  • ““relevant waters” means—

    1. (a)

      waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea; and

    2. (b)

      waters in the area designated by the Renewable Energy Zone (Designation of Area) (Scottish Ministers) Order 2005f3 as the area in which the Scottish Ministers are to have functions.”.

Signature

Name

Secretary of State

Office of the Secretary of State for Scotland

Date

Explanatory note

(This note is not part of the Order)

This Order, made under the Scotland Act 1998 (c.46), makes two amendments to the Electricity Act 1989 (c.29) (“the 1989 Act”) to extend a statutory appeals procedure to the Scottish part of the Renewable Energy Zone (“REZ”).

Article 2 amends section 36D(6) and paragraph 5B(6) of Schedule 8 to the 1989 Act to substitute a new definition of “relevant waters” to include those waters in the Scottish part of the REZ. Those provisions were inserted into the 1989 Act by the Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374) to provide for a statutory appeal to the Inner House of the Court of Session. This appeals procedure applies in respect of section 36 consent applications under the 1989 Act for renewable energy installations to be sited in Scottish internal waters and the territorial sea adjacent to Scotland. These amendments now extend the availability of this appeal procedure to those section 36 consent applications in the Scottish part of the REZ.

An impact assessment has not been produced for this instrument as no, or no significant, additional impact on the private, voluntary or public sectors is foreseen.