Scotland Bill (HL Bill 100)

(9) After that subsection insert—

“(3A) Any regulations made by the Scottish Ministers shall be subject to the
negative procedure (see section 28 of the Interpretation and Legislative
Reform (Scotland) Act 2010).”

(10) 5After subsection (4) insert—

“(4A) As soon as practicable after granting a licence under section 3, the
Scottish Ministers shall publish notice of the fact in the Edinburgh
Gazette stating—

(a) the name of the licensee; and

(b) 10the situation of the area in respect of which the licence has been
granted.”

(11) In section 5(9) (existing licences) for “the Secretary of State” in each place
substitute “the appropriate Minister”.

(12) In section 5A (rights transferred without consent) for “Secretary of State” in
15each place substitute “appropriate Minister”.

(13) In section 5B(1) (information) for “the Secretary of State” in each place
substitute “the appropriate Minister”.

(14) In section 7 (ancillary rights) in subsection (2)—

(a) at the end of paragraph (b) omit “and”, and

(b) 20at the end of paragraph (c) insert “; and

“(d) references to the Secretary of State (or the Minister) in sections
4 and 9 of that Act included references to the Scottish Ministers
in relation to licences granted in relation to the Scottish onshore
area.”

(15) 25In section 8 (power to inspect plans of mines) for “the Secretary of State” in each
place substitute “the appropriate Minister”.

(16) After section 8 insert—

“8A Interpretation of Part 1

(1) This section applies for the purposes of this Part.

(2) 30The “appropriate Minister” means—

(a) in relation to the Scottish onshore area, the Scottish Ministers;

(b) otherwise, the Secretary of State.

(3) The Scottish onshore area is the area of Scotland that is within the
baselines established by any Order in Council under section 1(1)(b) of
35the Territorial Sea Act 1987 (extension of territorial sea).

(4) In subsection (3) “Scotland” has the same meaning as in the Scotland
Act 1998.”

(17) In section 188(12) of the Energy Act 2004, in the substituted subsection (7A),
before paragraph (a) insert—

“(za) 40Part 1 of the Petroleum Act 1998,”.

(18) The Oil Taxation Act 1975 is amended as follows.

(19) In section 12(1A)(a)(ii) (authorities that can revoke licences) after “Secretary of
State” insert “, the Scottish Ministers”.

(20) In paragraph 1(2) of Schedule 1 (determination of oil fields)—

(a) in paragraph (a) after “granted” insert “by the Secretary of State”;

(b) 5after paragraph (a) insert—

“(aa) is the Scottish Ministers if the area is such that licences
can be granted by the Scottish Ministers for all of it
under Part 1 of the Petroleum Act 1998;

(ab) is the Secretary of State and the Scottish Ministers
10acting jointly if the area is such that licences can be
granted for part of it by the Secretary of State and for
part of it by the Scottish Ministers;”.

(21) The Petroleum (Production) (Landward Areas) Regulations 1995 are amended
as follows.

(22) 15In regulation 2 (interpretation) after the entry for “principal licence” insert—

“““Scottish onshore area” has the meaning given by section 8A of the
Petroleum Act 1998;”.

(23) In regulation 3 (application of the regulations) at the beginning of paragraph
(1) insert “Subject to paragraph (1A),”.

(24) 20After that paragraph insert—

“(1A) These regulations do not apply to applications for licences to search
and bore for, and get, petroleum within the Scottish onshore area.”

48 Onshore petroleum: existing licences

(1) The Secretary of State may make any amendment that appears to the Secretary
25of State to be necessary or expedient in consequence of section 46 or 47—

(a) in any model clause, to the extent that, under Part 1 of the Petroleum
Act 1998, it is incorporated, or has effect as if incorporated, in an
existing licence, and

(b) in any other provision of an existing licence.

(2) 30In the case of an existing licence granted in respect of an area (“the licence
area”) of which part only was within the Scottish onshore area at the time the
licence was granted—

(a) the Secretary of State may direct that it is to have effect as a licence in
respect of an area comprising that part and a separate licence in respect
35of an area comprising the rest of the licence area, and

(b) subsection (1) applies in relation to each of those licences as it applies
in relation to the existing licence.

(3) The power to make amendments under subsection (1)(a) is exercisable by
regulations made by statutory instrument.

(4) 40A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.

(5) In this section “existing licence” means a licence granted, before the
commencement of section 46, under—

(a) section 3 of the Petroleum Act 1998, or

(b) section 2 of the Petroleum (Production) Act 1934,

in respect of an area all or part of which is within the Scottish onshore area,
within the meaning given by Section D2 of Part 2 of Schedule 5 to the Scotland
Act 1998.

49 5Consumer advocacy and advice

(1) Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) is amended
as follows.

(2) In Section C7 (consumer protection)—

(a) for the heading “Exception” substitute “Exceptions”;

(b) 10after that heading insert—

““The provision of consumer advocacy and advice by, or by
agreement with, a public body or the holder of a public office.”

(3) In Section C8 (product standards, safety and liability) after the heading
“Exceptions” insert—

15““The provision of consumer advocacy and advice by, or by agreement
with, a public body or the holder of a public office.”

(4) In Section C9 (weights and measures) after the reservations insert—

““Exceptions

The provision of consumer advocacy and advice by, or by agreement
20with, a public body or the holder of a public office.”

(5) In Section C11 (posts)—

(a) for the heading “Exception” substitute “Exceptions”;

(b) after that heading insert—

““The provision of consumer advocacy and advice by, or by
25agreement with, a public body or the holder of a public office,
but not any related compulsory levy on postal operators.”;

(c) under the heading “Interpretation”, before ““postal services”” insert
““postal operator”,”.

(6) In Section D1 (electricity)—

(a) 30for the heading “Exception” substitute “Exceptions”;

(b) after the exception relating to the Environmental Protection Act 1990
insert—

““The provision of consumer advocacy and advice by, or by
agreement with, a public body or the holder of a public office,
35but not any related compulsory levy on persons supplying,
generating, transmitting or distributing electricity.”

(7) In Section D2 (oil and gas), at the end of the exceptions insert—

““The provision in relation to gas of consumer advocacy and advice by,
or by agreement with, a public body or the holder of a public office, but
40not any related compulsory levy on persons supplying gas to premises
or conveying gas through pipes.”

(8) In paragraph 3(2) of Part 3 of Schedule 5 to the Scotland Act 1998 (reserved

bodies) at the end insert—

“(e) the Office of Communications,

(f) the Gas and Electricity Markets Authority.”

(9) Section 8 of the Utilities Act 2000 (payments by licence holders relating to new
5arrangements) is amended as follows.

(10) In subsection (2)—

(a) after “payment by the licence holder of sums” insert “— (a)”;

(b) at the end insert “, or

(b) relating to such amounts as the Secretary of State
10considers reasonable in respect of the provision, in or as
regards Scotland, of consumer advocacy and advice by,
or by agreement with, a public body or the holder of a
public office, in relation to gas and electricity
consumers”.

(11) 15Omit—

(a) subsection (3A)(bb) and (cb);

(b) in subsection (3A)(f) the words “or Citizens Advice Scotland”;

(c) in subsection (3B)(a) the words “(bb),” and “,(cb)”;

(d) in subsection (3C) the words “or Citizens Advice Scotland, or by them
20jointly,”.

(12) In subsection (9) after “(3A)” insert “or to amounts mentioned in subsection
(2)(b)”.

(13) Section 51 of the Postal Services Act 2011 (consumer protection conditions) is
amended as follows.

(14) 25At the end of subsection (2)(c) omit “and” and insert—

“(ca) to make payments relating to such amounts as the Secretary of
State considers reasonable in respect of the provision, in or as
regards Scotland, of consumer advocacy and advice by, or by
agreement with, a public body or the holder of a public office,
30in relation to users of postal services, and”.

(15) In subsection (6) after “(2)(c)” insert “, (ca)”.

(16) Omit—

(a) in subsection (2)(c) the words “, Citizens Advice Scotland”;

(b) in subsection (4) the words “, Citizens Advice Scotland”;

(c) 35subsection (4)(d), (e) and (f);

(d) in subsection (4A) the words “or Citizens Advice Scotland, or by them
jointly,”.

50 Functions exercisable within devolved competence: consumer advocacy and
advice

(1) 40The Scotland Act 1998 (“the 1998 Act”) has effect, in relation to any function so
far as exercisable within devolved competence by virtue of a provision of
section 49, as if references to a “pre-commencement enactment” were to—

(a) an Act passed before or in the same session as the relevant date,

(b) any other enactment made before the relevant date,

(c) subordinate legislation under section 106 of the 1998 Act, to the extent
that the legislation states that it is to be treated as a pre-commencement
enactment,

but did not include the 1998 Act or this Act (or any amendment made by either
5of those Acts) or, subject to paragraph (c), an enactment comprised in
subordinate legislation under either of those Acts.

(2) In this section—

(a) expressions used in the 1998 Act have the same meaning as in that Act;

(b) the relevant date is the date on which section 49 comes into force.

51 10Gaming machines on licensed betting premises

(1) In Section B9 in Part 2 of Schedule 5 to the Scotland Act 1998 (betting, gaming
and lotteries) at the end insert—

““Exception

In the case of a betting premises licence under the Gambling Act 2005,
15other than one in respect of a track, the number of gaming machines
authorised for which the maximum charge for use is more than £10 (or
whether such machines are authorised).”

(2) Section 172 of the Gambling Act 2005 (gaming machines) is amended as
follows.

(3) 20In subsection (11) for “Secretary of State” substitute “appropriate Minister”.

(4) After that subsection insert—

“(12) In subsection (11) “the appropriate Minister” means—

(a) the Scottish Ministers, so far as, in the case of a betting premises
licence in respect of premises in Scotland and not in respect of a
25track, the order varies—

(i) the number of gaming machines authorised for which
the maximum charge for use is more than £10, or

(ii) whether such machines are authorised;

(b) otherwise, the Secretary of State.”

(5) 30In section 355 of that Act (regulations, orders and rules)—

(a) in subsection (1) after “the Secretary of State” insert “or the Scottish
Ministers”, and

(b) for subsections (9) and (10) substitute—

“(9) Subsection (3) does not apply to regulations made by the
35Scottish Ministers (see section 27 of the Interpretation and
Legislative Reform (Scotland) Act 2010: functions exercisable by
Scottish statutory instrument).

(10) Regulations made by the Scottish Ministers under a provision
specified in subsection (4), or under section 285, and an order
40made by the Scottish Ministers under section 172, shall be
subject to the affirmative procedure.

(11) Any other regulations made by the Scottish Ministers under a
provision of this Act shall be subject to the negative procedure.”

(6) The amendments made by this section do not apply in relation to a betting
premises licence issued before this section comes into force.

52 Abortion

In Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) omit
5Section J1 (abortion).

Part 5 Other executive competence

53 Gaelic Media Service

(1) In section 183A of the Broadcasting Act 1990 (membership of the Gaelic Media
10Service)—

(a) in subsection (4) for “the Secretary of State and the Scottish Ministers”
substitute “the Scottish Ministers”, and

(b) in subsection (6)(b) for “the Secretary of State with the agreement of the
Scottish Ministers” substitute “the Scottish Ministers”.

(2) 15Section 17(4) to (6) of the Scotland Act 2012 is repealed.

54 Commissioners of Northern Lighthouses

(1) Schedule 8 of the Merchant Shipping Act 1995 is amended as follows.

(2) In paragraph 1(2) (Commissioners of Northern Lighthouses), after paragraph
(e) insert—

“(f) 20a person appointed by the Secretary of State (in addition to the
person nominated under paragraph (d));

(g) a person appointed by the Scottish Ministers.”

(3) In paragraph 2(2) (elections by the Commissioners) for “five” substitute
“three”.

(4) 25After paragraph 4 (Commissioners constituting quorum) insert—

“4A (1) The Commissioners shall send to the Scottish Ministers a copy of any
accounts that they have been required to provide under section 218.

(2) The Scottish Ministers shall lay those accounts before the Scottish
Parliament.

(3) 30The Commissioners shall send to the Scottish Ministers any report
made under section 198(4)(b) (reports on inspections).

(4) The Scottish Ministers shall lay any such report before the Scottish
Parliament.”

55 Maritime and Coastguard Agency

(1) 35In section 1 of the Coastguard Act 1925 (transfer of the coastguard to the Board
of Trade), at the end insert—

“(3) The Secretary of State must consult the Scottish Ministers about the
strategic priorities of the Secretary of State in exercising functions

under subsection (1) in relation to activities of Her Majesty’s
Coastguard in Scotland.

(4) In subsection (3) “Scotland” has the same meaning as in the Scotland
Act 1998.”

(2) 5In section 292 of the Merchant Shipping Act 1995 (general functions of the
Secretary of State) after subsection (2) insert—

“(3) The Secretary of State must consult the Scottish Ministers about the
strategic priorities of the Secretary of State in exercising functions
under subsection (1) in relation to the safety standards of ships in
10Scotland and protecting the health and safety of persons on them.

(4) In subsection (3) “Scotland” has the same meaning as in the Scotland
Act 1998.”

56 Rail: franchising of passenger services

(1) Section 25 of the Railways Act 1993 (public sector operators not to be
15franchisees) is amended as follows.

(2) In the heading, at the beginning insert “England and Wales:”.

(3) After subsection (2) insert—

“(2A) Subsection (1) does not prevent a public sector operator from being a
franchisee in relation to a Scottish franchise agreement.”

(4) 20This section does not have effect in relation to any invitation to tender under
section 26(2) of the Railways Act 1993 issued before the day on which this
section comes into force.

57 Fuel poverty: support schemes

(1) The Energy Act 2010 is amended as follows.

(2) 25In section 9 (schemes for reducing fuel poverty) after subsection (1) insert—

“(1A) In relation to Scotland, that is subject to section 14A (power of the
Scottish Ministers to make schemes).”

(3) After section 14 (regulations under Part 2: procedure) insert—

“14A Power of the Scottish Ministers to make schemes under this Part

(1) 30Subject to the following provisions of this section the power under
section 9 to make a scheme in relation to Scotland is exercisable by the
Secretary of State so as to make only—

(a) provision as to the licensed suppliers to whom the scheme
applies,

(b) 35provision as to the aggregate amount of benefits to be provided
under it by scheme suppliers, and

(c) any other provision within section 9(4) or (9)(a) or (c)(v) or (vi).

(2) The power to make other provision under that section for the purposes
of the scheme is exercisable by the Scottish Ministers.

(3) For the purposes of the exercise of that power by the Scottish Ministers,
this Part applies—

(a) as if references to the Secretary of State in sections 9, 10 and
14(1) and (4) were references to the Scottish Ministers;

(b) 5as if in section 10(7) “Parliament” were “the Scottish
Parliament”.

(4) The power of the Scottish Ministers under section 9 does not include
power to make provision in relation to the subject-matter of sections 88
to 90 of the Energy Act 2008 (smart meters).

(5) 10The Scottish Ministers may not make regulations under section 9
unless—

(a) they have consulted the Secretary of State about the proposed
regulations, and

(b) the Secretary of State has agreed to the regulations being made.

(6) 15Subsections (1) and (2) do not prevent the Secretary of State from
making any provision under section 9 for the purposes of a scheme in
relation to Scotland, or from varying or revoking regulations made by
the Scottish Ministers under that section,—

(a) with the agreement of the Scottish Ministers, or

(b) 20without their agreement, if subsection (7), (9) or (11) applies.

(7) This subsection applies if—

(a) a scheme in relation to England and Wales has been made, or
the Secretary of State intends to make such a scheme, and

(b) the Secretary of State is satisfied, after consulting the Scottish
25Ministers, that, to ensure that a scheme in relation to Scotland is
made with a corresponding scheme period, it is necessary for
the Secretary of State to make any provision not mentioned in
subsection (1)(a) to (c).

(8) In paragraph (b) of subsection (7) a “corresponding scheme period”
30means a scheme period beginning and ending at the same time as that
specified or to be specified in the scheme mentioned in paragraph (a).

(9) This subsection applies if it appears to the Secretary of State that a
support scheme made in relation to Scotland is, alone or in conjunction
with a scheme made or to be made in relation to England and Wales,
35likely to—

(a) cause detriment to the United Kingdom, or

(b) adversely affect the ability of the United Kingdom to comply
with an international agreement or arrangement in relation to
climate change or energy efficiency,

40and the Scottish Ministers have failed to comply with a request made to
them by the Secretary of State to make modifications specified by the
Secretary of State.

(10) In determining for the purposes of subsection (9), whether detriment is
likely to be caused to the United Kingdom, considerations that the
45Secretary of State may take into account include the costs imposed on
suppliers by virtue of schemes made, or to be made, by the Secretary of
State and the Scottish Ministers under section 9.

(11) This subsection applies if—

(a) the Secretary of State makes or intends to make changes to a
support scheme which would result in a significant change in
the costs incurred by suppliers in complying with the scheme,
and

(b) 5the Scottish Ministers have failed to comply with a request
made to them by the Secretary of State to make modifications
specified by the Secretary of State.

(12) A request by the Secretary of State to the Scottish Ministers for the
purposes of subsection (9) or (11)—

(a) 10must be in writing;

(b) must specify only modifications that appear to the Secretary of
State to be necessary to prevent the effect mentioned in
subsection (9)(a) or (b), or (as the case may be) to be necessary
or expedient in view of the effect mentioned in subsection
15(11)(a);

(c) must specify the time within which the modifications are to be
made, which must not be less than 2 months from the date of the
request.

(13) Section 14(5) does not apply to regulations by which the Secretary of
20State makes provision by virtue of subsection (6), with or without other
provision under section 9.”

(4) Section 31 (orders and regulations) is amended as follows.

(5) After subsection (1) insert—

“(1A) Subsection (1) does not apply to regulations made by the Scottish
25Ministers (see section 27 of the Interpretation and Legislative Reform
(Scotland) Act 2010: functions exercisable by Scottish statutory
instrument).”

(6) After subsection (4) insert—

“(4A) Regulations made by the Scottish Ministers under section 9 are subject
30to the affirmative procedure (see section 29 of the Interpretative and
Legislative Reform (Scotland) Act 2010).”

(7) In subsection (6) after “Regulations” insert “made by the Secretary of State”.

(8) After subsection (6) insert—

“(6A) Regulations made by the Scottish Ministers may impose obligations or
35confer functions on a person (including the Scottish Ministers).”

(9) Where an amendment made by this section imposes a requirement to consult
or to obtain consent, the requirement may be satisfied by consultation
undertaken or consent obtained before this section comes into force.

58 Energy company obligations

(1) 40The Gas Act 1986 is amended as follows.

(2) After section 33BC (promotion of reduction in carbon emissions) insert—

“33BCA Scottish Ministers’ promotion of reductions in carbon emissions:
gas suppliers

(1) Where the Secretary of State under section 33BC imposes on gas
5suppliers obligations to achieve a target within a specified period, the
power to make orders under that section is exercisable by the Scottish
Ministers for the purposes of those obligations imposed in relation to
Scotland and not, except as provided by subsections (9) and (10), by the
Secretary of State.

(2) 10An obligation is imposed in relation to Scotland to the extent that
measures to meet that obligation may be carried out in Scotland
(disregarding any power to elect under section 103 of the Utilities Act
2000).

(3) For the purposes of the exercise by the Scottish Ministers of the power
15to make an order under section 33BC, that section applies with the
following modifications—

(a) for subsection (1) there is substituted a power by order to
specify how gas suppliers may meet their obligations to achieve
the carbon emissions reduction target through measures carried
20out in Scotland;

(b) subsections (1A), (3), (5)(a), (7)(a) and (10A) are omitted;

(c) in subsection (2A) at the beginning of paragraph (b) there is
inserted “where the Secretary of State has apportioned the
overall carbon emissions reduction target under section 103(2A)
25of the Utilities Act 2000, and”;

(d) in subsection (11) “Citizens Advice” and “gas transporters” is
omitted;

(e) in subsection (12), for the words from “shall not be made” to the
end is substituted “is subject to the affirmative procedure”;

(f) 30in subsection (12A) for the words from “shall be subject to” to
the end is substituted “is subject to the negative procedure”;

(g) for “Secretary of State” in each place is substituted with
“Scottish Ministers”.

(4) The power of the Scottish Ministers under section 33BC does not
35include power to make provision in relation to the subject-matter of
sections 88 to 90 of the Energy Act 2008 (smart meters).

(5) Where an overall carbon emissions reduction target has been
apportioned under section 103(2A) of the Utilities Act 2000, the Scottish
Ministers must—

(a) 40when making any order under section 33BC, comply with the
duty in subsection (6), and

(b) if the Secretary of State amends any order under that section,
make any provision they think necessary, in consequence of the
amendment, to comply with that duty.

(6) 45The duty of the Scottish Ministers where subsection (5)(a) or (b) applies
is to exercise their powers under section 33BC (subject to subsection (8))
in the way they think most likely to secure that the proportion of
compliance costs that is represented by costs relating to Scotland is no
greater than the proportion of the overall carbon emissions reduction