Energy Bill [HL]

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Energy Bill [HL]

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy
67

(5)
In relation to times before the coming into force of section 27(1) of the Justice
(Northern Ireland) Act 2002 (c. 26), the reference in subsection (4) to the
Advocate General for Northern Ireland is to be read as a reference to the
Attorney General for Northern Ireland.
(6)
Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (consents to
5
prosecution of offences committed on the open sea by persons who are not
British citizens) does not apply to proceedings for an offence to which this
section applies.
88
Application of civil law to renewable energy installations etc.
(1)
Her Majesty may by Order in Council provide that questions arising out of—
10
(a)
acts or omissions taking place on, under or above a renewable energy
installation situated in waters to which this section applies, or
(b)
acts or omissions taking place on, under or above such waters in
relation to a related line,

are to be determined in accordance with the law in force in such part of the
15
United Kingdom as may be specified in the Order.
(2)
An Order in Council under this section may also make provision for conferring
jurisdiction in proceedings with respect to questions of the kind mentioned in
subsection (1) on courts in one or more parts of the United Kingdom.
(3)
Jurisdiction conferred on a court by an Order in Council under this section is
20
in addition to any jurisdiction exercisable apart from that Order by that or any
other court; and this section is to be disregarded in determining the extent of
any jurisdiction so exercisable.
(4)
The waters to which this section applies are—
(a)
tidal waters and parts of the sea in or adjacent to Great Britain up to the
25
seaward limits of the territorial sea; and
(b)
waters in a Renewable Energy Zone.
(5)
In section 410(3) of the Communications Act 2003 (c. 21) (which enables Orders
in Council under section 11 of the Petroleum Act 1998 (c. 17) to extend certain
communications legislation to offshore installations), after “1998” insert “or
30
section 88 of the Energy Act 2004”.
(6)
In this section—

“court” includes any tribunal or regulatory authority;

“related line” means an electric line, or a part of an electric line, which—
(a)
falls within subsection (7); but
35
(b)
is not an electricity interconnector (within the meaning of Part 1
of the 1989 Act).
(7)
An electric line, or a part of an electric line, falls within this subsection if it—
(a)
is used for the conveyance of electricity to or from a renewable energy
installation;
40
(b)
is in the course of construction at a place where it is to be so used; or
(c)
has ceased to be so used (whether or not it is being decommissioned)
and since ceasing to be so used has not been used for any other purpose.

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy
68

89
Orders in Council under sections 86 and 88
(1)
An Order in Council under section 86 or 88 that makes provision falling within
subsection (3) is subject to annulment in pursuance of a resolution of the
Scottish Parliament (but may by virtue of subsection (2) be subject also to the
negative resolution procedure).
5
(2)
An Order in Council under section 86 or 88 that makes provision not falling
within subsection (3) is subject to the negative resolution procedure.
(3)
Provision falls within this subsection so far as it is provision that would be
within the legislative competence of the Scottish Parliament if it were included
in an Act of that Parliament.
10
Application of 1989 Act offshore
90
Activities offshore requiring 1989 Act licences
(1)
In subsection (4) of section 4 of the 1989 Act (definitions for the purposes of Part
1), after the definition of “distribute” insert—

“‘generate’, in relation to electricity, means generate at a relevant
15
place;”.
(2)
After that subsection insert—
“(5)
In this section—

‘relevant place’ means a place in Great Britain, in the territorial sea
adjacent to Great Britain or in a Renewable Energy Zone; and
20

‘system’ means a system the whole or a part of which is at a
relevant place;

and references in this section to premises are references to premises
situated at a relevant place, or at a place that is not in a Renewable
Energy Zone but is in an area designated under section 1(7) of the
25
Continental Shelf Act 1964.”
(3)
In section 6 of that Act (licences authorising supply etc.), after subsection (9)
insert—
“(10)
In this section ‘premises’ has the same meaning as in section 4.”
(4)
In section 64(1) of that Act (interpretation of Part 1), after the definitions of
30
“final order” and “provisional order” insert—

“‘generate’, in relation to electricity, has the meaning given by
section 4(4) above, and cognate expressions shall be construed
accordingly;”.
91
Modification of licence conditions for offshore transmission and distribution
35
(1)
If the Secretary of State considers it appropriate to do so for purposes
connected with offshore transmission or offshore distribution, he may—
(a)
modify the standard conditions of transmission licences or distribution
licences;
(b)
modify, for purposes that in relation to modifications made under
40
paragraph (a) are incidental, consequential or transitional purposes, the
conditions of a particular transmission licence or a particular
distribution licence;

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy
69

(c)
modify a code maintained in accordance with the conditions of a
transmission licence or a distribution licence; and
(d)
modify an agreement that gives effect to a code so maintained.
(2)
Before making a modification under this section, the Secretary of State must
consult—
5
(a)
the holder of any licence being modified; and
(b)
such other persons as he considers appropriate.
(3)
Subsection (2) may be satisfied by consultation that took place wholly or partly
before the commencement of this section.
(4)
The Secretary of State must publish every modification made by him under this
10
section.
(5)
The publication must be in such manner as the Secretary of State considers
appropriate.
(6)
Where the Secretary of State makes modifications under subsection (1)(a) of the
standard conditions of licences of any type, GEMA must—
15
(a)
make (as nearly as may be) the same modifications of those standard
conditions for the purposes of their incorporation in licences of that
type granted after that time; and
(b)
publish the modifications in such manner as it considers appropriate.
(7)
A modification under subsection (1)(b) of part of a standard condition of a
20
licence does not prevent any other part of the condition from continuing to be
regarded as a standard condition for the purposes of Part 1 of the 1989 Act.
(8)
The Secretary of State’s powers under this section are exercisable only during
the eighteen months beginning with the commencement of this section.
(9)
In this section—
25

“offshore distribution” means distribution within an area of offshore
waters of electricity generated by a generating station in such an area;

“offshore transmission” means transmission within an area of offshore
waters of electricity generated by a generating station in such an area;
and
30

“offshore waters” means—
(a)
waters in or adjacent to Great Britain which are between the
mean low water mark and the seaward limits of the territorial
sea; and
(b)
waters within an area designated under section 1(7) of the
35
Continental Shelf Act 1964 (c. 29).
(10)
Expressions used in this section and in Part 1 of the 1989 Act have the same
meanings in this section as in that Part.
92
Extension of transmission licences offshore
(1)
This section applies where, at the commencement of this section, a
40
transmission licence is in force that authorises a person to co-ordinate and
direct the flow of electricity onto and over a transmission system by means of
which electricity is transmitted within Great Britain, or within an area of Great
Britain (the “co-ordination licence”).

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy
70

(2)
The Secretary of State may make such modifications of the co-ordination
licence as he considers appropriate for the purpose of applying the
authorisation and conditions of the licence in relation to the transmission of
electricity within one or both of the following—
(a)
an area of the territorial sea adjacent to Great Britain; and
5
(b)
an area designated under section 1(7) of the Continental Shelf Act 1964
(c. 29).
(3)
The modifications that may be made by the Secretary of State under subsection
(2) include such modifications of the co-ordination licence (including
modifications of the conditions included in it) as the Secretary of State
10
considers appropriate for incidental, consequential or transitional purposes.
(4)
Where the Secretary of State considers it appropriate to do so for purposes that
in relation to modifications made under subsection (2) are incidental or
consequential purposes, he may make—
(a)
modifications of the conditions of a particular licence (other than the
15
co-ordination licence);
(b)
modifications of the standard conditions of licences of any type.
(5)
Before making a modification under this section, the Secretary of State must
consult—
(a)
the holder of any licence being modified; and
20
(b)
such other persons as he considers appropriate.
(6)
Subsection (5) may be satisfied by consultation that took place wholly or partly
before the commencement of this section.
(7)
The Secretary of State must publish every modification made by him under this
section.
25
(8)
The publication must be in such manner as the Secretary of State considers
appropriate.
(9)
A modification under subsection (2) or (4)(a) of part of a standard condition of
a licence does not prevent any other part of the condition from continuing to
be regarded as a standard condition for the purposes of Part 1 of the 1989 Act.
30
(10)
Where the Secretary of State makes modifications under subsection (4)(b) of
the standard conditions of licences of any type, GEMA must—
(a)
make (as nearly as may be) the same modifications of those standard
conditions for the purposes of their incorporation in licences of that
type granted after that time; and
35
(b)
publish the modifications in such manner as it considers appropriate.
(11)
The Secretary of State’s powers under this section are exercisable only during
the eighteen months beginning with the commencement of this section.
(12)
Expressions used in this section and in Part 1 of the 1989 Act have the same
meanings in this section as in that Part.
40