Marine and Coastal Access Act 2009

12 Certain consents under section 36 of the Electricity Act 1989

(1) The electricity consent functions of the Secretary of State are transferred to the MMO.

(2) The electricity consent functions are functions under any of the following sections of the Electricity Act—

(a) section 36(1), (5) and (7) (giving consent for construction etc of generating stations, and prosecuting breaches of that requirement),

(b) section 36A (making declarations extinguishing etc public rights of navigation), and

(c) section 36B (duties in relation to navigation),

so far as relating to any generating station that meets the requirements of subsections (3) and (4).

(3) The generating station must be in waters which are subject to regulation under section 95 of the Energy Act 2004 (c. 20), other than—

(a) any area of Scottish waters, or

(b) any area of waters in a Scottish part of a Renewable Energy Zone.

(4) The generating station must have a capacity such that the construction or extension of the generating station would not be a nationally significant infrastructure project (within the meaning given by sections 14 and 15 of the Planning Act 2008 (c. 29)).

(5) In accordance with subsection (1), any reference in the following provisions to the Secretary of State is to be read, so far as relating to the exercise of an electricity consent function of the Secretary of State, as a reference to the MMO—

(a) Schedule 8 to the Electricity Act (procedure), except paragraphs 1(3), 2(3) and 3(1), and the modifications of paragraph 4 made by paragraph 7A(5)(a)(ii) and (b), of that Schedule;

(b) paragraph 1(2) of Schedule 9 to that Act (preservation of amenity);

(c) regulations 71 to 74 of the Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716) (adaptation of planning and other controls);

(d) the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 (S.I. 2000/1927).

(6) Paragraph 1(4) of Schedule 8 to the Electricity Act (payment of sums into Consolidated Fund) does not apply to sums received by the MMO by virtue of this section.

(7) In consequence of the provision made by this section, insert the subsection set out in subsection (8)—

(a) into section 36 of the Electricity Act, after subsection (1B) as subsection (1C), and

(b) into each of sections 36A and 36B of that Act, after subsection (1) as subsection (1A).

(8) The subsection is—

“This section is subject to section 12 of the Marine and Coastal Access Act 2009 (which transfers certain functions of the Secretary of State to the Marine Management Organisation).”.

(9) In this section “the Electricity Act” means the Electricity Act 1989 (c. 29).

(10) In this section, the following expressions have the same meaning as in section 95 of the Energy Act 2004—

• “Renewable Energy Zone”;

• “Scottish part”, in relation to a Renewable Energy Zone;

• “Scottish waters”.