Article 2 Functions to be treated as being exercisable in or as regards Scotland

(1)

The functions to which paragraph (2) applies are, for the purposes of section 63 of the Scotland Act 1998 (power to transfer functions)^f1, to be treated as being functions which are exercisable in or as regards Scotland.

(2)

This paragraph applies to the functions of making regulations that are conferred on the Secretary of State by Part 6 of the 2023 Act (environmental outcomes reports), so far as they are exercisable by the Secretary of State in relation to the assessment of the effects on the environment in connection with—

(a)

applications for consent under section 36 of the 1989 Act^f2 for the construction, extension or operation of a generating station 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), or

(b)

applications for the variation, under section 36C of the 1989 Act^f3, of a consent described in sub-paragraph (a).

(3)

But paragraph (2) does not apply to the making of provision within section 159(2) of the 2023 Act (power to provide exemptions for national defence and civil emergency etc).

Annotations

Footnotes

f1: 1998 c. 46.
f2: Section 36 was amended by the Energy Act 2004 (c. 20), section 93(1) and (3), the Planning Act 2008 (c. 29), section 36 and Schedule 2, paragraphs 31 and 32, the Marine and Coastal Access Act 2009 (c. 23), section 12(7)(a) and (8), the Energy Act 2016 (c. 20), section 78, the Wales Act 2017 (c. 4), section 39 and Schedule 6, paragraph 47, and S.I. 2006/1054. The functions conferred by section 36 of the Electricity Act 1989 are exercisable in or as regards Scotland by the Scottish Ministers by virtue of S.I. 2006/1040.
f3: Section 36C was inserted by the Growth and Infrastructure Act 2013 (c. 27), section 20(1) and (2) and was amended by the Wales Act 2017 (c. 4), sections 39(12), 69(1) and Schedule 6, paragraph 48.