The Storage of Carbon Dioxide (Amendment of the Energy Act 2008 etc.) Regulations 2011

Amendment of section 18

3.—(1) In subsection (2) of section 18(1) (licences)—

(a) in paragraph (a)—

(i) for “a controlled place which is not” substitute “an offshore controlled place which is not”;

(ii) before “, the Secretary of State” insert “(an “offshore UK-controlled place”)”;

(b) in paragraph (b)—

(i) for “such activities”, substitute “activities within section 17(2)(a) to (c)”;

(ii) for “that territorial sea”, substitute “the territorial sea adjacent to Scotland”;

(c) in paragraph (c)—

(i) for “such activities”, substitute “activities within section 17(2)(a) to (c)”;

(ii) for “a controlled place”, substitute “an offshore controlled place”;

(iii) for “that territorial sea”, substitute “the territorial sea adjacent to Scotland”;

(d) after paragraph (c), omit “and” and insert—

“(ca) in the case of a licence in respect of activities within section 17(2)(a) to (c) and an English controlled place, the Secretary of State,

(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 Secretary of State,

(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 Secretary of State, and”;

(e) in paragraph (d), after “the Secretary of State”, insert “, the Welsh Ministers, the Department of Enterprise, Trade and Investment in Northern Ireland”;

(f) after “a licence falling within paragraph (c)”, insert “, (cd) or (ce)”.

(2) After subsection (4) of section 18, insert—

“(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.”.

(1)

In relation to Scotland, paragraphs (a), (b) and (c) of section 18(2) were amended under S.S.I. 2011/224.