# The Scotland Act 2016 (Commencement No. 4, Transitional and Savings) Regulations 2017, Regulation 5: Meaning of existing installation


(1) In regulation 4, an existing installation is an offshore installation (or part of such an installation) which is the subject of an existing statutory consent and for which as at 1st April 2017—
(a) construction has started, and
(b) either paragraph (2) or (3) applies.
(2) This paragraph applies where the installation has a decommissioning date before 1st January 2023.
(3) This paragraph applies where the installation has a decommissioning date on or after 1st January 2023 and either—
(a) there is no approved decommissioning programme in place relating to that installation; or
(b) the approved decommissioning programme relating to that installation was approved subject to the provision of financial security by a prescribed date, and the prescribed date has passed and the security has not been provided.
(4) In this regulation—
(a) for the purposes of paragraph (1)(a), construction has not started on an installation where the only work carried out is the laying of cables in anticipation of construction;
(b) “decommissioning date” means the end date of the marine licence issued in relation to the offshore installation or to part of that installation;
(c) “marine licence” means a licence issued under either—
(i) Part 2 (deposits in the sea) of the Food and Environment Protection Act 1985,
(ii) Part 4 (marine licensing) of the Marine and Coastal Access Act 2009, or
(iii) Part 4 (marine licensing) of the Marine (Scotland) Act 2010; and
(d) “offshore installation” has the meaning given in section 104 (interpretation of chapter 2 of part 2) of the 2004 Act.

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Source: https://www.legislation.gov.uk/uksi/2017/300/regulation/5 (the official version)
Page: https://openlegislation.uk/scotland-act-2016-commencement-no-4-transitional-and-savings-regulations-2017/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.