Part 2Sustainability and Renewable Energy Sources

Chapter 2Offshore production of energy

Supplementary provisions of Chapter 2 of Part 2

I1104Interpretation of Chapter 2 of Part 2

1

In this Chapter—

  • “construct”, in relation to an installation or an electric line or in relation to a generating station so far as it is to comprise renewable energy installations, includes—

    1. a

      placing it in or upon the bed of any waters;

    2. b

      attaching it to the bed of any waters;

    3. c

      assembling it;

    4. d

      commissioning it; and

    5. e

      installing it;

    and “construction” is to be construed accordingly;

  • “decommission”, in relation to an installation or an electric line, includes—

    1. a

      removing it from the bed of any waters;

    2. b

      demolishing it; and

    3. c

      dismantling it;

  • “distribution” and “electric line” have the same meanings as in Part 1 of the 1989 Act;

  • “extend” and “extension”—

    1. a

      in relation to a generating station, have the same meanings as in Part 1 of the 1989 Act; and

    2. b

      in relation to an installation, have the same meanings as in relation to a generating station;

  • “installation” includes artificial island, structure and device;

  • “master” includes—

    1. a

      in relation to a hovercraft, the captain;

    2. b

      in relation to any submersible apparatus, the person in charge of the apparatus; and

    3. c

      in relation to an installation in transit, the person in charge of the transit operation;

  • “renewable energy installation” is to be construed in accordance with subsections (3) to (5);

  • “Renewable Energy Zone” has the meaning given by section 84(4);

  • “safety zone” means an area which is a safety zone for the purposes of this Chapter by virtue of section 95;

  • “Scottish part”, in relation to a Renewable Energy Zone, means so much of that Zone as is designated under section 84(5);

  • “Scottish waters” means—

    1. a

      the internal waters of the United Kingdom that are in or are adjacent to Scotland; or

    2. b

      so much of the territorial sea of the United Kingdom as is adjacent to Scotland;

  • “submersible apparatus” has the meaning given by section 88(4) of the Merchant Shipping Act 1995 (c. 21);

  • “supply”, in relation to electricity, has the same meaning as in Part 1 of the 1989 Act;

  • “transmission”, in relation to electricity, has the same meaning as in Part 1 of the 1989 Act;

  • “vessel” includes—

    1. a

      a hovercraft;

    2. b

      any submersible apparatus; and

    3. c

      an installation in transit.

  • F1“Welsh waters” means so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Wales, and the Welsh zone;

  • F1“Welsh zone” has the meaning given in section 158 of the Government of Wales Act 2006.

2

References in this Chapter to the production of energy from water include, in particular, references to its production from currents and tides.

3

In this Chapter “renewable energy installation” means—

a

an offshore installation used for purposes connected with the production of energy from water or winds;

b

an installation in the course of construction at a place where it is to be used as an offshore installation within paragraph (a);

c

an installation that has ceased to be an installation within paragraph (a) while remaining an offshore installation (whether or not at the same place);

d

an installation that is being decommissioned at a place where it has been an installation within paragraph (a) or (c);

e

an installation in transit to or from a place where it is to be, or has been, used for purposes that would make it, or made it, an installation within paragraph (a);

f

an installation in transit to or from a place where it is to be, or was, an installation within paragraph (c).

4

In subsection (3) “offshore installation” means an installation which is situated in waters where—

a

it permanently rests on, or is permanently attached to, the bed of the waters; and

b

it is not connected with dry land by a permanent structure providing access at all times for all purposes.

5

The purposes referred to in subsection (3)(a) include, in particular—

a

the transmission, distribution and supply of electricity generated using water or winds; and

b

the doing of anything (whether by way of investigations, trials or feasibility studies or otherwise) with a view to ascertaining whether the generation of electricity in that manner is, in a particular case, practicable or commercially viable, or both.

6

Provision made by or under this Chapter in relation to places outside the United Kingdom—

a

so far as it applies to individuals, applies to them whether or not they are British citizens; and

b

so far as it applies to bodies corporate, applies to them whether or not they are incorporated under the law of a part of the United Kingdom.