Article 3 Functions to be exercisable concurrently by the Secretary of State and the Scottish Ministers

(1)

Subject to paragraph (2), the functions mentioned in paragraph (3) are, so far as they are exercisable by the Secretary of State in or as regards Scotland, to be exercisable by the Scottish Ministers concurrently with the Secretary of State.

(2)

The Scottish Ministers may exercise a function by virtue of this article only after consulting the Secretary of State.

(3)

The functions are—

(a)

the functions of making regulations that are conferred by—

(i)

Chapter 1 of Part 3 of the 2023 Act (planning data); and

(ii)

Part 6 of the 2023 Act, except so far as relating to the making of provision within section 159(2) of that Act;

(b)

the function conferred by section 84(3) of the 2023 Act (publication of approved data standards),

so far as the functions are exercisable by the Secretary of State in relation to the assessment of the effects on the environment in connection with applications to which paragraph (4) applies.

(4)

This paragraph applies to—

(a)

applications for consent under section 36 of the 1989 Act for the construction, extension or operation of generating stations (whether in Scotland or in the Scottish REZ area) (including any application for approval, consent or agreement required by virtue of a condition included in the grant of such a consent);

(b)

applications for the variation, under section 36C of the 1989 Act, of a consent described in sub-paragraph (a);

(c)

applications for consent under section 37 of the 1989 Act (consent required for overhead lines)^f1 for the installation, or the keeping installed, of an electric line in Scotland (including any application for approval, consent or agreement required by virtue of a condition included in the grant of such a consent).

(5)

Paragraph 1 of Schedule 13 to the 2023 Act (restriction on making provision outside devolved competence) does not apply in relation to regulations made by the Scottish Ministers by virtue of this article under—

(a)

Chapter 1 of Part 3 of the 2023 Act; or

(b)

Part 6 of that Act.

Annotations

Footnotes

f1: Section 37 was amended by the Planning Act 2008 (c. 29) section 36 and Schedule 2, paragraphs 31 and 33, and the Wales Act 2017 (c. 4) section 42. The functions conferred by section 37 of the Electricity Act 1989 are exercisable in or as regards Scotland by the Scottish Ministers by virtue of S.I. 1999/1750.