# The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2006, Article 2: Functions to be treated as exercisable in or as regards Scotland


The functions of the Secretary of State under section 36 (consent required for construction etc. of generating stations) of, and paragraph 7A of Schedule 8 (generating stations not within areas of relevant planning authorities) to, the 1989 Act in relation to a generating station or proposed generating station are, for the purposes of section 63 of the 1998 Act, to be treated—
(a) as being exercisable in or as regards Scotland if they are exercisable in Scotland or in that area designated in the Renewable Energy Zone (Designation of Area) (Scottish Ministers) Order 2005 as the area in relation to which the Scottish Ministers are to have functions; but
(b) as otherwise not being exercisable in or as regards Scotland.

---
Source: https://www.legislation.gov.uk/ukdsi/2006/011074151X/article/2 (the official version)
Page: https://openlegislation.uk/draft-scotland-act-1998-transfer-of-functions-to-the-scottish-ministers-etc-no-2-order-2006/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

