60 Renewable electricity incentive schemes: consultation

In the Scotland Act 1998 after section 90B (inserted by section 36) insert—

““Renewable electricity incentive schemes

90C Renewable electricity incentive schemes: consultation

(1) 5The Secretary of State must consult the Scottish Ministers before—

(a) establishing a renewable electricity incentive scheme that
applies in Scotland, or

(b) amending such a scheme as it relates to Scotland.

(2) Subsection (1) does not apply to amendments that appear to the
10Secretary of State to be minor or made only for technical or
administrative reasons; and the Secretary of State is not to be taken to
establish or amend a scheme by exercising a power under a scheme,
other than a power that is exercisable subject to any parliamentary
procedure.

(3) 15Subsection (1) does not require the Secretary of State to consult the
Scottish Ministers about any levy in connection with a renewable
electricity incentive scheme.

(4) In this section a “renewable electricity incentive scheme” means any
scheme, whether statutory or otherwise, that provides an incentive to
20generate, or facilitate the generation of, electricity from sources of
energy other than fossil fuel or nuclear fuel.

This includes provision made by or under the following so far as they
relate to the generation of electricity from sources of energy other than
fossil fuel or nuclear fuel—

(a) 25sections 6 to 26 of the Energy Act 2013 (contracts for difference);

(b) sections 41 to 43 of the Energy Act 2008 (feed-in tariffs for small-
scale generation of electricity);

(c) sections 32 to 32Z2 of the Electricity Act 1989 (renewables
obligations or certificate purchase obligations).

(5) 30Where, before the commencement of this section, the Secretary of State
has consulted, or is consulting, the Scottish Ministers regarding a
renewable electricity incentive scheme, that consultation is to be treated
as fulfilling the obligation in subsection (1).”

61 Offshore renewable energy installations

(1) 35The Energy Act 2004 is amended as follows.

(2) Section 95 (safety zones around renewable energy installations) is amended as
follows.

(3) For subsection (1A) substitute—

“(1A) In this section and section 96 the “appropriate Minister” means the
40Scottish Ministers, in relation to a renewable energy installation—

(a) which is to be or is wholly in an area of Scottish waters or an
area of waters in a Scottish part of a Renewable Energy Zone,
and is not being or proposed to be extended outside those areas,

(b) to which paragraph (a) has ceased to apply because of an
extension or proposed extension, if subsection (1B) applies, or

(c) to the extent that it is to be or is in an area of Scottish waters or
an area of waters in a Scottish part of a Renewable Energy Zone,
5if paragraph (a) has ceased to apply because of an extension or
proposed extension, and subsection (1B) does not apply,

and otherwise means the Secretary of State (subject to section 13 of the
Marine and Coastal Access Act 2009, which transfers certain functions
of the Secretary of State to the Marine Management Organisation).

(1B) 10This subsection applies if there is an agreement in force between the
Secretary of State and the Scottish Ministers providing for the Scottish
Ministers to be the appropriate Minister in relation to the whole of the
installation.

(1C) Where subsection (1B) applies, the Scottish Ministers must consult the
15Secretary of State about the exercise of their functions as the
appropriate Minister.”

(4) In subsections (2), (3) and (7) for “Secretary of State” in each place, substitute
“appropriate Minister”.

(5) After subsection (4) insert—

“(4A) 20Before issuing a notice under this section which relates, wholly or
partly, to an area outside the areas mentioned in subsection (4), the
Scottish Ministers must consult the Secretary of State.”

(6) Section 96 (prohibited activities in safety zones) is amended as follows.

(7) In subsection (1)(b) and (3)(b) for “Secretary of State” substitute “appropriate
25Minister”.

(8) In subsection (8)—

(a) after “section” insert “—

(a) if made by the Secretary of State,”

(b) at the end insert “;

(b) 30if made by the Scottish Ministers, are subject to the
negative procedure (see section 28 of the Interpretation
and Legislative Reform (Scotland) Act 2010).”

(9) In section 105 (requirement to prepare decommissioning programmes) after
subsection (1) insert—

“(1A) 35In this Chapter “appropriate Minister”—

(a) in relation to a renewable energy installation, means the
Scottish Ministers—

(i) if the installation is to be or is wholly in an area of
Scottish waters or an area of waters in a Scottish part of
40a Renewable Energy Zone, and is not being or proposed
to be extended outside those areas,

(ii) if sub-paragraph (i) has ceased to apply to the
installation because of an extension or proposed
extension, and subsection (1B) applies, or

(iii) 45to the extent that the installation is to be or is in an area
of Scottish waters or an area of waters in a Scottish part
of a Renewable Energy Zone, if sub-paragraph (i) has

ceased to apply because of an extension or proposed
extension, and subsection (1B) does not apply;

and otherwise means the Secretary of State;

(b) in relation to an electric line which is or has been a related line,
5means—

(i) the Scottish Ministers, to the extent that the line is to be
or is in an area of Scottish waters or an area of waters in
a Scottish part of a Renewable Energy Zone;

(ii) otherwise, the Secretary of State.

(1B) 10This subsection applies to an installation if there is an agreement in
force between the Secretary of State and the Scottish Ministers
providing for the Scottish Ministers to be the appropriate Minister in
relation to the whole of the installation.

(1C) Where subsection (1B) applies, the Scottish Ministers must consult the
15Secretary of State about the exercise of their functions as the
appropriate Minister.”

(10) In Chapter 3 (decommissioning of offshore installations), except in the
provisions listed in subsection (11)), for “Secretary of State” in each place
substitute “appropriate Minister”.

(11) 20The provisions not amended by subsection (10) are—

(a) sections 105(5), 106(2), 107(2), 108(7) and 111(6) (consultation of the
Scottish Ministers);

(b) section 113(2) (proceedings in England and Wales or Northern Ireland).

(12) In the provisions listed in subsection (11)(a) omit “wholly or”.

(13) 25In section 111(7) (regulations about decommissioning)—

(a) after “section” insert “—

(a) if made by the Secretary of State,”

(b) at the end insert “;

(b) if made by the Scottish Ministers, are subject to the
30negative procedure (see section 28 of the Interpretation
and Legislative Reform (Scotland) Act 2010).”

(14) In section 112(7) (duty to inform Secretary of State: regulations)—

(a) after “section” insert “—

(a) if made by the Secretary of State,”

(b) 35at the end insert “;

(b) if made by the Scottish Ministers, are subject to the
negative procedure (see section 28 of the Interpretation
and Legislative Reform (Scotland) Act 2010).”

(15) In section 114 (interpretation of Chapter 3) in subsection (2) before the
40definition of “decommissioning programme” insert—

• “““appropriate Minister” has the meaning given by section
  105(1A);”.

(16) In section 192 (powers exercisable by statutory instrument) in subsection (4)
after “Secretary of State” insert “, the Scottish Ministers”.

(17) 45Schedule 16 (applications and proposals for notices under section 95) is
amended as follows.

(18) For “Secretary of State” in each place, except in paragraph 7, substitute
“appropriate Minister”.

(19) In paragraph 9—

(a) after “Schedule” insert “—

(a) 5if made by the Secretary of State,”

(b) at the end insert “;

(b) if made by the Scottish Ministers, are subject to the
negative procedure (see section 28 of the Interpretation
and Legislative Reform (Scotland) Act 2010).”

(20) 10In section 13 of the Marine and Coastal Access Act 2009 (safety zones: functions
under section 95 of the Energy Act 2004) omit subsection (7).

62 References to Competition and Markets Authority

In section 132(5) of the Enterprise Act 2002 (ministerial power to make
references to Competition and Markets Authority: meaning of “appropriate
15Minister”)—

(a) omit the “or” after paragraph (a), and

(b) after paragraph (b) insert—

“(c) the Scottish Ministers and the Secretary of State acting
jointly; or

(d) 20the Scottish Ministers, the Secretary of State and one or
more than one other Minister of the Crown, acting
jointly.”

Part 6 Miscellaneous

63 25Gas and Electricity Markets Authority

(1) The Utilities Act 2000 is amended as follows.

(2) In section 5 (annual and other reports of Authority)—

(a) in subsection (5) omit “and” at the end of paragraph (a) and insert—

“(aa) send a copy of the report to the Scottish Ministers, and”,
30and”

(b) after subsection (5) insert—

“(5A) The Scottish Ministers shall lay a copy of each annual report
before the Scottish Parliament.”

(3) After section 5 insert—

“5XA 35Laying of accounts before Scottish Parliament

(1) The Comptroller and Auditor General must send to the Authority, in
respect of each of its accounting years, a copy of the certified accounts
and report of the Authority no later than 15th January of the financial
year following that to which the accounts relate.

(2) 40The Authority must send to the Scottish Ministers, in respect of each of
its accounting years, a copy of the certified accounts and report of the

Authority no later than 31st January of the financial year following that
to which the accounts relate.

(3) The Scottish Ministers must lay a copy of whatever is sent to them
under subsection (2) before the Scottish Parliament.

(4) 5In subsections (1) and (2) “certified accounts and report” means those
accounts certified under sections 5 and 7 of the Government Resources
and Accounts Act 2000, and the report issued by the Comptroller and
Auditor General under section 6(3)(a) of that Act.”

64 Office of Communications

(1) 10Section 1 of the Office of Communications Act 2002 (the Office of
Communications) is amended as follows.

(2) In subsection (3) after paragraph (a) insert—

“(aa) a member appointed by the Scottish Ministers;”.

(3) After subsection (3) insert—

“(3A) 15Before appointing a member under subsection (3)(aa) the Scottish
Ministers must consult the Secretary of State.”

(4) In subsection (5) after “(3)(a)” insert “, (aa)”.

(5) After subsection (10) insert—

“(11) Paragraphs 1 and 2 of the Schedule apply in relation to the appointment
20made under subsection (3)(aa) as if—

(a) any reference to the Secretary of State was to the Scottish
Ministers, and

(b) after paragraph 2(6) there were inserted—

“(7) Before the Scottish Ministers remove a person from office
25they must consult the Secretary of State.”””

(6) The Schedule to the Office of Communications Act 2002 is amended as follows.

(7) In paragraph 11(3) (accounts and audit)—

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

(b) at the end of paragraph (b) insert “, and

(c) 30send a copy of the statement and of his report to the
Scottish Ministers.”

(8) After paragraph 11(3) insert—

“(4) The Scottish Ministers shall lay a copy of the statement and report
sent to them under sub-paragraph (3) before the Scottish
35Parliament.”

(9) In paragraph 12 (annual report)—

(a) in sub-paragraph (1) after “Secretary of State” insert “and the Scottish
Ministers”, and

(b) after sub-paragraph (3) insert—

“(4) 40The Scottish Ministers shall lay a copy of every report sent to
them under this paragraph before the Scottish Parliament.”

(10) In article 2(2) of the Public Appointments Order in Council 2014
(interpretation) in paragraph (a) of the definition of “appointing authority”
after “as the case may be,” insert “the Scottish Ministers,”.

65 Bodies that may be required to attend before the Parliament

(1) 5The Scotland Act 1998 is amended as follows.

(2) After section 23 insert—

“23A Power to impose requirements on specific bodies

(1) Section 23 applies in relation to requirements imposed on a person in
connection with the discharge of the functions of a body mentioned in
10subsection (2) in relation to Scotland with the omission of—

(a) the words after paragraph (b) in subsection (1), and

(b) subsections (2) and (6).

(2) The bodies are—

(a) the Commissioners of Northern Lighthouses,

(b) 15the Office of Communications, and

(c) the Gas and Electricity Markets Authority.”

66 Destination of fines, forfeitures and fixed penalties

(1) The Scotland Act 1998 is amended as follows.

(2) After section 65 (payments out of the Scottish Consolidated Fund) insert—

“65A 20Destination of fines, forfeitures and fixed penalties

Where an Act of Parliament or subordinate legislation under an Act of
Parliament requires or authorises a sum to be paid into the
Consolidated Fund, and the sum appears to the Secretary of State to be
a fine, forfeiture or fixed penalty, the Secretary of State may with the
25consent of the Treasury by regulations modify the Act or subordinate
legislation so as to require or authorise the sum to be paid instead into
the Scottish Consolidated Fund.”

(3) In Schedule 7 (procedure for subordinate legislation), in paragraph 1(2) insert
at the appropriate place—

Part 7 General

67 Subordinate legislation under functions exercisable within devolved
competence

(1) 35Schedule 2 to the Interpretation and Legislative Reform (Scotland) Act 2010
(“the 2010 Act”) (Scottish statutory instruments: transitional and consequential
provision) has effect in relation to any function so far as exercisable within

devolved competence by virtue of a provision of section 3, 22, 23, 24, 25, 26, 27,
31 or 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 passed or made before the relevant date.

(2) 5Schedule 3 to the 2010 Act (modification of pre-commencement enactments)
has effect in relation to devolved subordinate legislation, where the function of
making it is exercisable within devolved competence by virtue of a provision
of section 3, 22, 23, 24, 25, 26, 27, 31 or 49, as if references to a “pre-
commencement enactment” were to—

(a) 10an Act passed before or in the same session as the relevant date,

(b) any other enactment passed or made before the relevant date.

(3) In this section—

(a) “devolved subordinate legislation” and “enactment” have the same
meaning as in Part 2 of the 2010 Act;

(b) 15references to the exercise of a function being within devolved
competence are to be read in accordance with section 54 of the Scotland
Act 1998;

(c) in relation to a provision of section 3, 22, 23, 24, 25, 26, 27, 31 or 49, the
relevant date for any purpose is the date on which the provision comes
20into force for that purpose.

68 Transfers of property etc to the Scottish Ministers

In section 60 of the Scotland Act 1998 (transfers to the Scottish Ministers), in
subsection (3), after “this Act” insert “or the Scotland Act 2016”.

69 Transitional provision

(1) 25Nothing in a provision of this Act affects the validity of anything done by or in
relation to a Minister of the Crown before the provision comes into force.

(2) Anything (including legal proceedings) which is in the process of being done
by or in relation to a Minister of the Crown at the time when a provision of this
Act comes into force may, so far as it relates to a function transferred to the
30Scottish Ministers by virtue of that provision, be continued by or in relation to
the Scottish Ministers.

(3) Anything done (or which has effect as if done) by or in relation to a Minister of
the Crown—

(a) which is in force when a provision of this Act comes into force, and

(b) 35which was done for the purposes of or in connection with a function
transferred by virtue of that provision,

has effect as if done by or in relation to the Scottish Ministers, so far as that is
required for continuing its effect.

(4) This section applies subject to any provision made by regulations under section
4070.

(5) In this section “Minister of the Crown” has the same meaning as in the
Ministers of the Crown Act 1975.

70 Power to make consequential, transitional and saving provision

(1) The Secretary of State may by regulations make—

(a) such consequential provision in connection with any provision of
Part 1, 3, 4, 5 or 6, or

(b) 5such transitional or saving provision in connection with the coming
into force of any provision of Part 1, 3, 4, 5 or 6,

as the Secretary of State considers appropriate.

(2) Regulations under this section may amend, repeal, revoke or otherwise modify
any of the following—

(a) 10an enactment or an instrument made under an enactment;

(b) a prerogative instrument;

(c) any other instrument or document.

(3) For the purposes of making provision in connection with, or with the coming
into force of, a provision of Part 3, subsection (2) applies to an enactment,
15instrument or document whenever passed or made.

(4) Otherwise, subsection (2) applies to—

(a) an Act of Parliament passed before or in the same session as this Act;

(b) an Act of the Scottish Parliament passed, or an instrument or document
made, before the end of the session in which this Act is passed.

(5) 20Regulations under this section may make—

(a) different provision for different purposes or cases;

(b) provision generally or for specific cases;

(c) provision subject to exceptions;

(d) provision for the delegation of functions;

(e) 25transitional or saving provision.

(6) Regulations under this section must be made by statutory instrument.

(7) A statutory instrument containing regulations under this section which
includes provision amending or repealing any provision of primary legislation
may not be made unless a draft of the instrument has been laid before and
30approved by a resolution of each House of Parliament.

(8) Any other statutory instrument containing regulations under this section, if
made without a draft having been approved by a resolution of each House of
Parliament, is subject to annulment in pursuance of a resolution of either
House of Parliament.

(9) 35In this section—

• “enactment”—

  (a)

  includes an Act of the Scottish Parliament, and

  (b)

  for the purposes of making provision in connection with, or
  with the coming into force of, a provision of Part 3, also includes
  40a Measure or Act of the National Assembly for Wales and
  Northern Ireland legislation;

• “prerogative instrument” means an Order in Council, warrant, charter or
  other instrument made under the prerogative;

• “primary legislation” means—

  (a)

  45an Act of Parliament,

  (b)

  an Act of the Scottish Parliament,

  Scotland BillPage 77

  (c)

  a Measure or Act of the National Assembly for Wales, and

  (d)

  Northern Ireland legislation.

(10) In Schedule 4 to the Scotland Act 1998 (enactments etc protected from
modification), in paragraph 14, after “section 105” insert “or under section 70
5of the Scotland Act 2016”.

71 Commencement

(1) The following come into force on the day on which this Act is passed—

(a) section 1;

(b) section 36(1), (5), (6) and (9) to (12);

(c) 10this Part.

(2) The other provisions of section 36 come into force on the date specified under
section 90B(20) of the Scotland Act 1998 (transfer date for Crown Estate
scheme).

(3) Part 2 comes into force at the end of 2 months beginning with the day on which
15this Act is passed, subject to the provision made by that Part.

(4) The following provisions come into force on such day as the Secretary of State
may appoint by regulations made by statutory instrument—

(a) sections 3 to 12;

(b) Part 3;

(c) 20sections 46 to 48;

(d) sections 57 to 59;

(e) section 61;

(f) section 64.

(5) Sections 20, 21 and 66 come into force on such day as the Treasury may appoint
25by regulations made by statutory instrument.

(6) Regulations under subsection (4) or (5) may appoint different days for different
purposes.

(7) The other provisions of this Act come into force at the end of 2 months
beginning with the day on which this Act is passed.

72 30Short title

This Act may be cited as the Scotland Act 2016.

SCHEDULES

Section 18

SCHEDULE 1 Disapplication of UK aggregates levy: further amendments

1 Part 2 of The Finance Act 2001 (aggregates levy) is amended as follows.

2 (1) 5Section 17 (meanings of “aggregate” and “taxable aggregate”) is amended as
follows.

(2) In subsection (5) (aggregate that has already been subjected to a charge) for
“the United Kingdom” substitute “England, Wales or Northern Ireland”.

(3) In subsection (7) (interpretation), in the definition of “highway”, omit “the
10Roads (Scotland) Act 1984 or”.

3 (1) Section 19 (commercial exploitation) is amended as follows.

(2) In subsection (5) (interpretation of references to the exploitation of aggregate
in the United Kingdom) for “the United Kingdom”, in both places, substitute
“England, Wales or Northern Ireland”.

(3) 15In subsection (7)(a) (mixing of aggregate in permitted circumstances) for
“the United Kingdom” substitute “England, Wales or Northern Ireland”.

4 In section 20(1)(a) (originating sites) for “the United Kingdom” substitute
“England, Wales or Northern Ireland”.

5 (1) Section 24 (levy register) is amended as follows.

(2) 20In subsection (3) (taxable activity for the purposes of the register) for “the
United Kingdom” substitute “England, Wales or Northern Ireland”.

(3) In subsection (6)(e) (registration of premises for landing of aggregate won
from seabed) for “the United Kingdom”, in both places, substitute “England,
Wales or Northern Ireland”.

6 25In section 26(3) (offence of failing to provide security for levy) for “the
United Kingdom” substitute “England, Wales or Northern Ireland”.

7 (1) Section 30 (credit for aggregates levy) is amended as follows.

(2) In subsection (1) (cases where provision for credit may be made)—

(a) in paragraph (a) (export of aggregate) after “United Kingdom” insert
30“, from a place in England, Wales or Northern Ireland,”, and

(b) after paragraph (a) insert—

“(aa) any of that aggregate is moved to Scotland, or to the
sea adjacent to Scotland, in the form of aggregate;”.