Energy Act 2004

96 Prohibited activities in safety zones U.K.

(1) A vessel is not to enter or remain in a safety zone except where permission for it to do so is granted—

(a) by or in accordance with provision contained in a notice under section 95; or

(b) by or in accordance with provision contained in regulations made by the [F1 appropriate Minister].

(2) A person must not carry on an activity wholly or partly in a safety zone if his doing so is prohibited by or in accordance with provision contained in a notice under section 95.

(3) Subsection (2) does not apply to the extent that carrying on the activity is permitted—

(a) by or in accordance with provision contained in such a notice; or

(b) by or in accordance with provision contained in regulations made by the [F2 appropriate Minister].

(4) The provision that may be made with respect to permissions for the purposes of this section includes—

(a) provision for the permissions to apply in relation only to such times and such periods as may be specified or described in that provision; and

(b) provision for the permissions to apply only to such vessels, such persons and such purposes as may be specified or described in that provision.

(5) The provision that may be made with respect to a permission for the purposes of this section includes provision imposing conditions in relation to a permission.

(6) The conditions may include—

(a) conditions imposing obligations in relation to a vessel, or individuals on it, that must be satisfied while the vessel is in the safety zone; and

(b) conditions imposing obligations as to the manner in which any activity to which the permission relates is to be carried on.

(7) Regulations under this section may confer discretions, with respect to the granting or imposition in accordance with the regulations of permissions or conditions, on such persons as may be specified or described in the regulations.

(8) Regulations under this section[F3 —

(a) if made by the Secretary of State] [F4 or the Welsh Ministers], are subject to the negative resolution procedure[F5 ;

(b) if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).]

Textual Amendments

F1 Words in s. 96(1)(b) substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(7), 72(4)(e); S.I. 2017/300, reg. 3

F2 Words in s. 96(3)(b) substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(7), 72(4)(e); S.I. 2017/300, reg. 3

F3 S. 96(8)(a) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(8)(a), 72(4)(e); S.I. 2017/300, reg. 3

F4 Words in s. 96(8)(a) inserted (1.4.2019) by Wales Act 2017 (c. 4), ss. 41(5), 71(4) (with Sch. 7 paras. 1, 6, 8, 10); S.I. 2017/1179, reg. 5(a)

F5 Words in s. 96(8) inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(8)(b), 72(4)(e); S.I. 2017/300, reg. 3

Modifications etc. (not altering text)

C1 Ss. 95-98 applied (E.W.) (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts. 1, 43(3)(4) (with arts. 15, 50, Sch. 11 para. 29)

Commencement Information

I1 S. 96 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2