Energy Act 2023

3 Consultation on proposals for additional activities to become licensable U.K.

(1) Before making regulations under section 2(3)(b), the Secretary of State must give notice—

(a) stating that the Secretary of State proposes to make regulations providing for the means of transportation in question to become a licensable means of transportation, and

(b) specifying a reasonable period (of not less than 28 days from the date of publication of the notice) within which representations or objections may be made with respect to the proposal,

and must consider any representations or objections duly made and not withdrawn.

(2) The notice must be given—

(a) by sending a copy of the notice to the economic regulator, the appropriate devolved authorities and any other body the Secretary of State considers appropriate, and

(b) by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons likely to be affected by such regulations.

(3) For the purposes of this section the “appropriate devolved authorities” are—

(a) the Welsh Ministers, if the regulations contain provision that would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006);

(b) the Scottish Ministers, if the regulations contain provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;

(c) the Department for the Economy in Northern Ireland, if the regulations contain provision that—

(i) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and

(ii) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

Commencement Information

I1 S. 3 in force at 26.12.2023, see s. 334(3)(a)