Energy Act 2008

18 Licences U.K.

(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 a controlled place which is not [F1 in, under or over the territorial sea adjacent to Scotland][F1 a Scottish controlled place], the Secretary of State,

(b) in the case of a licence in respect of such activities and a [F2 controlled place which is in, under or over that territorial sea][F2 Scottish controlled place], the Scottish Ministers,

(c) in the case of a licence in respect of such activities and a controlled place only part of which is in, under or over [F3 that territorial sea][F3 the territorial sea adjacent to Scotland], either the Secretary of State or the Scottish Ministers, and

(d) in the case of a licence in respect of activities within section 17(2)(d), whichever of the Secretary of State 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) 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.

(4) For this purpose a “Crown lease” means 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).

[F4 (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

F1 Words 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)

F2 Words 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)

F3 Words in s. 18(2)(c) 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)(c)

F4 S. 18(5) inserted (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)(d)

Commencement Information

I1 S. 18 in force at 6.4.2009 by S.I. 2009/45, art. 4(a)(ii)