Scotland Act 1998

D2. Oil and gas U.K.

Section

Oil and gas, including—

(a)

the ownership of, exploration for and exploitation of deposits of oil and natural gas,

(b)

the subject-matter of section 1 of the Mineral Exploration and Investment Grants Act 1972 (contributions in connection with mineral exploration) so far as relating to exploration for oil and gas,

(c)

offshore installations and pipelines,

(d)

the subject-matter of the Pipe-lines Act 1962 (including section 5 (deemed planning permission)) so far as relating to pipelines within the meaning of section 65 of that Act,

(e)

the application of Scots law and the jurisdiction of the Scottish courts in relation to offshore activities,

(f)

pollution relating to oil and gas exploration and exploitation, but only outside controlled waters (within the meaning of section 30A(1) of the Control of Pollution Act 1974),

(g)

the subject-matter of Part II of the Food and Environment Protection Act 1985 so far as relating to oil and gas exploration and exploitation, but only in relation to activities outside such controlled waters,

(h)

restrictions on navigation, fishing and other activities in connection with offshore activities,

(i)

liquefaction of natural gas, and

(j)

the conveyance, shipping and supply of gas through pipes.

Exceptions

• The subject-matter of—

  (a)

  sections 10 to 12 of the Industry Act 1972 (credits and grants for construction of ships and offshore installations),

  (b)

  the Offshore Petroleum Development (Scotland) Act 1975, other than sections 3 to 7, and

  (c)

  Part I of the Environmental Protection Act 1990.

• [F1 The granting and regulation of licences to search and bore for and get petroleum that, at the time of the grant of the licence, is within the Scottish onshore area, except for any consideration payable for such licences.

  Access to land for the purpose of searching or boring for or getting petroleum under such a licence.]

• The manufacture of gas.

• The conveyance, shipping and supply of gas other than through pipes.

• [F2 The provision in relation to gas of consumer advocacy and advice by, or by agreement with, a public body or the holder of a public office, but not any related compulsory levy on persons supplying gas to premises or conveying gas through pipes.]

[F3 Interpretation

The Scottish onshore area is the area of Scotland that is within the baselines established by any Order in Council under section 1(1)(b) of the Territorial Sea Act 1987 (extension of territorial sea).

“Petroleum” means petroleum within the meaning given by section 1 of the Petroleum Act 1998 in its natural state in strata.]

Textual Amendments

F1 Words in Sch. 5 Pt. II s. D2 inserted (9.2.2018) by Scotland Act 2016 (c. 11), ss. 47(2), 72(4)(c); S.I. 2018/163, reg. 2(a)

F2 Words in Sch. 5 Pt. II Section D2 inserted (23.5.2016) by Scotland Act 2016 (c. 11) , ss. 50(7) , 72(7)

F3 Words in Sch. 5 Pt. II s. D2 inserted (9.2.2018) by Scotland Act 2016 (c. 11), ss. 47(3), 72(4)(c); S.I. 2018/163, reg. 2(a)