|
| |
|
(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 |
| |
| |
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”. |
| |
| |
| “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 |
| |
| |
(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 |
| |
| 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. |
| |
|
| |
|
| |
|
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 |
| |
(2) | After that subsection insert— |
| |
| |
| ‘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 |
| |
| |
| 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) |
| |
| |
“(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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
(5) | The publication must be in such manner as the Secretary of State considers |
| |
| |
(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. |
| |
| 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; |
| |
| 30 |
| |
(a) | waters in or adjacent to Great Britain which are between the |
| |
mean low water mark and the seaward limits of the territorial |
| |
| |
(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”). |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
(b) | modifications of the standard conditions of licences of any type. |
| |
(5) | Before making a modification under this section, the Secretary of State must |
| |
| |
(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 |
| |
| 25 |
(8) | The publication must be in such manner as the Secretary of State considers |
| |
| |
(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 |
|
| |
|