The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2006

Functions to be treated as exercisable in or as regards Scotland

2.  The functions of the Secretary of State under section 36 (consent required for construction etc. of generating stations)(1) of, and paragraph 7A of Schedule 8 (generating stations not within areas of relevant planning authorities)(2) to, the 1989 Act in relation to a generating station or proposed generating station are, for the purposes of section 63 of the 1998 Act, to be treated—

(a) as being exercisable in or as regards Scotland if they are exercisable in Scotland or in that area designated in the Renewable Energy Zone (Designation of Area) (Scottish Ministers) Order 2005(3) as the area in relation to which the Scottish Ministers are to have functions; but

(b) as otherwise not being exercisable in or as regards Scotland.

(1)

Section 36 was amended by section 93(1) of the Energy Act 2004 (2004 c. 20) (“the 2004 Act”) and the Water Environment and Water Services (Scotland) Act 2003 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/1054 (S. 10)). The functions of the Secretary of State under section 36 were (by virtue of article 2 of S.I. 1999/1750) transferred so as to be exercisable by the Scottish Ministers. The application of section 36 in Scotland was also subsequently modified by virtue of the Electricity Act 1989 (Requirements of Consent for Offshore Generating Stations) (Scotland) Order 2002 (S.S.I. 2002/407) which substituted a 1 megawatt permitted capacity for generating stations, driven wholly or mainly by water or wind and situated in the territorial sea, for the 50 megawatt permitted capacity that had previously applied.

(2)

Paragraph 7A was inserted by the 2004 Act, section 93(1).

(3)

S.I. 2005/3153.