Energy Act 2008

Changes over time for: Section 18

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18LicencesU.K.

This section has no associated Explanatory Notes

(1)The licensing authority may grant a licence to a person in respect of one or more activities within section 17(2).

(2)The licensing authority is—

(a)in the case of a licence in respect of activities within section 17(2)(a) to (c) and [F1an offshore controlled place which is not] [F2in, under or over the territorial sea adjacent to Scotland][F2a Scottish controlled place] [F3(an “offshore UK-controlled place”)], the [F4OGA],

(b)in the case of a licence in respect of [F5activities within section 17(2)(a) to (c)] and a [F6controlled place which is in, under or over ][F7the territorial sea adjacent to Scotland][F6Scottish controlled place], the Scottish Ministers,

(c)in the case of a licence in respect of [F8activities within section 17(2)(a) to (c)] and [F9an offshore controlled place] only part of which is in, under or over [F10the territorial sea adjacent to Scotland], either the [F4OGA] or the Scottish Ministers,F11...

[F12(ca)in the case of a licence in respect of activities within section 17(2)(a) to (c) and an English controlled place, the [F4OGA],

(cb)in the case of a licence in respect of activities within section 17(2)(a) to (c) and a Welsh controlled place, the Welsh Ministers,

(cc)in the case of a licence in respect of activities within section 17(2)(a) to (c) and a Northern Ireland controlled place, the Department of Enterprise, Trade and Investment in Northern Ireland,

(cd)in the case of a licence in respect of activities within section 17(2)(a) to (c) and a controlled place part of which is a Welsh controlled place and the rest of which is an English controlled place or an offshore UK-controlled place (or a combination of such places), either the Welsh Ministers or the [F4OGA],

(ce)in the case of a licence in respect of activities within section 17(2)(a) to (c) and a controlled place part of which is a Northern Ireland controlled place and the rest of which is an offshore UK-controlled place, either the Department of Enterprise, Trade and Investment in Northern Ireland or the [F4OGA], and]

(d)in the case of a licence in respect of activities within section 17(2)(d), whichever of the [F4OGA][F13, the Welsh Ministers, the Department of Enterprise, Trade and Investment in Northern Ireland] or the Scottish Ministers licenses the activities for the purposes of which the installation is established or maintained;

and in this Chapter references to the licensing authority in relation to a licence falling within paragraph (c)[F14, (cd) or (ce)] are references to the person who grants the licence or, if the licence has not yet been granted, to whom the application for the licence was made.

(3)The controlled place in respect of which a licence is granted may be determined by reference to the provisions of a Crown lease which has been or may be granted.

[F15(4)For this purpose a “Crown lease” means (as the case may be)—

(a)a lease of property forming part of the Crown Estate, or an authorisation to exercise rights forming part of that Estate (whether by virtue of section 1 or otherwise), or

(b)a lease of property forming part of the Scottish assets, or an authorisation to exercise rights forming part of those assets (whether by virtue of section 1 or otherwise).]

[F16(4ZA)In subsection (4), “Scottish assets” means any property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies.]

[F17(4A)In this section—

“English controlled place” means a controlled place in England or in, under or over so much of the internal waters of the United Kingdom as are adjacent to England;
“Northern Ireland controlled place” means a controlled place in Northern Ireland or in, under or over so much of the internal waters of the United Kingdom as are adjacent to Northern Ireland;
“Welsh controlled place” means a controlled place in Wales or in, under or over so much of the internal waters of the United Kingdom as are adjacent to Wales.]

[F18(5) In this section, “Scottish controlled place” means—

(a)a controlled place in Scotland, or

(b)a controlled place within the seaward limits of the territorial sea adjacent to Scotland. ]

Textual Amendments

F1Words in s. 18(2)(a) substituted (16.11.2011) by The Storage of Carbon Dioxide (Amendment of the Energy Act 2008 etc.) Regulations 2011 (S.I. 2011/2453), reg. 3(1)(a)(i)

F2Words in s. 18(2)(a) substituted (S.) (1.4.2011) by The Energy Act 2008 (Storage of Carbon Dioxide) (Scotland) Regulations 2011 (S.S.I. 2011/224), regs. 1, 2(3)(a)

F3Words in s. 18(2)(a) inserted (16.11.2011) by The Storage of Carbon Dioxide (Amendment of the Energy Act 2008 etc.) Regulations 2011 (S.I. 2011/2453), reg. 3(1)(a)(ii)

F4Word in s. 18(2) substituted (1.10.2016) by Energy Act 2016 (c. 20), s. 84(3), Sch. 1 para. 53; S.I. 2016/920, reg. 2(a)

F5Words in s. 18(2)(b) substituted (16.11.2011) by The Storage of Carbon Dioxide (Amendment of the Energy Act 2008 etc.) Regulations 2011 (S.I. 2011/2453), reg. 3(1)(b)(i)

F6Words in s. 18(2)(b) substituted (S.) (1.4.2011) by The Energy Act 2008 (Storage of Carbon Dioxide) (Scotland) Regulations 2011 (S.S.I. 2011/224), regs. 1, 2(3)(b)

F7Words in s. 18(2)(b) substituted (16.11.2011) by The Storage of Carbon Dioxide (Amendment of the Energy Act 2008 etc.) Regulations 2011 (S.I. 2011/2453), reg. 3(1)(b)(ii)

F8Words in s. 18(2)(c) substituted (16.11.2011) by The Storage of Carbon Dioxide (Amendment of the Energy Act 2008 etc.) Regulations 2011 (S.I. 2011/2453), reg. 3(1)(c)(i)