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93 | Competitive tenders for offshore transmission licences |
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After section 6B of the 1989 Act (applications for transmission licences) insert— |
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“6C | Competitive tenders for offshore transmission licences |
| |
(1) | The Authority may by regulations make such provision as appears to it |
| |
to be appropriate for facilitating the making, in prescribed cases, of a |
| 5 |
determination on a competitive basis of the person to whom an |
| |
offshore transmission licence is to be granted. |
| |
(2) | That provision may include— |
| |
(a) | provision, in prescribed cases, for the publication of a proposal |
| |
to grant an offshore transmission licence; |
| 10 |
(b) | provision for the inclusion in such a proposal of an invitation to |
| |
apply for such a licence; |
| |
(c) | provision restricting the making of applications for offshore |
| |
transmission licences and imposing requirements as to the |
| |
period within which they must be made; |
| 15 |
(d) | provision for regulating the manner in which applications are |
| |
considered and determined. |
| |
(3) | Regulations under this section— |
| |
(a) | may make provision by reference to a determination by the |
| |
Authority or to the opinion of the Authority as to any matter; |
| 20 |
| |
(b) | may dispense with or supplement provision made in relation to |
| |
applications for transmission licences by or under section 6A or |
| |
| |
(4) | The approval of the Secretary of State is required for the making of |
| 25 |
regulations under this section. |
| |
| |
| ‘offshore transmission licence’ means a transmission licence |
| |
authorising anything that forms part of a transmission system |
| |
to be used for purposes connected with offshore transmission; |
| 30 |
| |
| ‘prescribed’ means prescribed in or determined under regulations |
| |
| |
(6) | In subsection (5) ‘offshore transmission’ means the transmission within |
| |
an area of offshore waters of electricity generated by a generating |
| 35 |
| |
(7) | In subsection (6) ‘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 |
| |
| 40 |
(b) | waters within an area designated under section 1(7) of the |
| |
Continental Shelf Act 1964.” |
| |
|
| |
|
| |
|
94 | Consents for generating stations offshore |
| |
(1) | In section 36(1) of the 1989 Act (consent required for construction etc. of |
| |
generating stations), after “constructed” insert “at a relevant place (within the |
| |
meaning of section 4), and a generating station at such a place shall not be”. |
| |
(2) | Before paragraph 8 of Schedule 8 to that Act (procedure for consents under |
| 5 |
sections 36 and 37) insert— |
| |
“Generating stations not within areas of relevant planning authorities |
| |
7A (1) | This paragraph applies to every case where an application for a |
| |
consent under section 36 of this Act relates to— |
| |
(a) | the construction or operation of a generating station the |
| 10 |
whole or a part of which is to be, or is, at a place that is not |
| |
within the area of a relevant planning authority; or |
| |
(b) | the extension of a generating station at or to a place the whole |
| |
or a part of which is not within such an area. |
| |
(2) | This Schedule shall have effect in relation to cases to which this |
| 15 |
paragraph applies with the following modifications. |
| |
(3) | In paragraph 1(1), for the words from ‘land to which’ onwards |
| |
substitute ‘place to which the application relates, that is, the place |
| |
where it is proposed to construct the generating station, where the |
| |
proposed extension will be or where the station proposed to be |
| 20 |
| |
(4) | Paragraph 2 does not apply where no part of the place to which the |
| |
application relates is within the area of a relevant planning authority. |
| |
| |
(a) | in sub-paragraph (1)— |
| 25 |
(i) | in paragraph (a), for ‘land’ substitute ‘place’; and |
| |
(ii) | in paragraph (b), for ‘in the locality’ substitute ‘in the |
| |
area specified in or determined in accordance with |
| |
regulations made by the Secretary of State’; |
| |
(b) | in sub-paragraph (2), for the words from ‘the locality’ |
| 30 |
onwards substitute ‘the area specified in or determined in |
| |
accordance with regulations made by the Secretary of State.’; |
| |
| |
(c) | in sub-paragraph (3), for ‘in the locality’ substitute ‘who are |
| |
likely to be affected by the consent applied for if it is given’. |
| 35 |
(6) | Paragraph 5 does not apply; but sub-paragraphs (7) to (10) apply |
| |
| |
(a) | a public inquiry is to be held in accordance with paragraph |
| |
| |
(b) | the application for consent relates to a place a part of which |
| 40 |
is in the area of one or more relevant planning authorities. |
| |
(7) | Except in so far as the Secretary of State otherwise directs, an inquiry |
| |
held in accordance with paragraph 2(2) must be confined to so much |
| |
of the application as relates to land within the area of the authority |
| |
by whom an objection has been made. |
| 45 |
(8) | The Secretary of State must have regard to objections made |
| |
otherwise than by the authority in question in determining whether |
| |
|
| |
|
| |
|
to give a direction under sub-paragraph (7) and in determining |
| |
(where he gives one) what direction to give. |
| |
(9) | The Secretary of State may direct that separate inquiries may be held |
| |
in relation to any or each of the following— |
| |
(a) | so much of the application as relates to land within the area |
| 5 |
of a particular relevant planning authority; |
| |
(b) | so much of the application as relates to anywhere that is not |
| |
within the area of a relevant planning authority. |
| |
(10) | For the purposes of sub-paragraph (7) a planning authority that has |
| |
made an objection is to be treated as not having done so if the |
| 10 |
Secretary of State proposes to accede to the application subject to |
| |
such modifications or conditions as meet that objection.” |
| |
(3) | In section 36(9) of that Act (definition of extension), after “land” insert “or area |
| |
| |
(4) | The functions conferred by virtue of this section on the Secretary of State are |
| 15 |
not to be exercisable by the Scottish Ministers, except in pursuance of an Order |
| |
in Council made after the passing of this Act under section 63 of the Scotland |
| |
| |
95 | Application of regulations under 1989 Act offshore |
| |
(1) | In section 29 of the 1989 Act (regulations relating to supply and safety), after |
| 20 |
| |
“(1A) | Regulations under this section may include provision for securing the |
| |
purposes mentioned in subsection (1) in relation to the territorial sea |
| |
adjacent to Great Britain or any Renewable Energy Zone.” |
| |
(2) | In section 30 of that Act (electrical inspectors), after subsection (3) insert— |
| 25 |
“(3A) | The regulations that may be made under this section include |
| |
| |
(a) | imposing duties on electrical inspectors in relation to anything |
| |
in the territorial sea adjacent to Great Britain or a Renewable |
| |
| 30 |
(b) | making any other provision authorised by this section in |
| |
relation to activities carried on there.” |
| |
Safety zones for installations |
| |
96 | Safety zones around renewable energy installations |
| |
(1) | This section applies where— |
| 35 |
(a) | there is a proposal to construct a renewable energy installation in |
| |
waters subject to regulation under this section, or to extend or to |
| |
decommission a renewable energy installation situated in such waters; |
| |
(b) | there is a proposal to operate a renewable energy installation on |
| |
completion of its construction in such waters, or of any extension of it |
| 40 |
| |
(c) | a renewable energy installation is being constructed, extended, |
| |
operated or decommissioned in such waters. |
| |
|
| |
|
| |
|
(2) | If the Secretary of State considers it appropriate to do so for the purpose of |
| |
| |
(a) | the renewable energy installation or its construction, extension or |
| |
| |
(b) | other installations in the vicinity of the installation or the place where it |
| 5 |
is to be constructed or extended, |
| |
(c) | individuals in or on the installation or other installations in that |
| |
| |
(d) | vessels in that vicinity or individuals on such vessels, |
| |
| he may issue a notice declaring that such areas specified or described in the |
| 10 |
notice are to be safety zones for the purposes of this Chapter. |
| |
(3) | The power of the Secretary of State to issue a notice under this section shall be |
| |
exercisable by him either— |
| |
(a) | on an application made to him for the purpose by any person; or |
| |
(b) | where no such application is made, on his own initiative. |
| 15 |
(4) | Before issuing a notice under this section which relates, wholly or partly, to— |
| |
(a) | an area of Scottish waters, or |
| |
(b) | an area of waters in a Scottish part of a Renewable Energy Zone, |
| |
| the Secretary of State must consult the Scottish Ministers. |
| |
(5) | An area may be declared to be a safety zone only if it is an area of waters |
| 20 |
around or adjacent to a place where a renewable energy installation is to be, or |
| |
is being, constructed, extended, operated or decommissioned; but a safety zone |
| |
may extend to waters outside the waters subject to regulation under this |
| |
| |
(6) | A notice under this section— |
| 25 |
(a) | must identify the renewable energy installation, or proposed |
| |
renewable energy installation, by reference to which it is issued; |
| |
(b) | must specify the date on which it is to come into force, or the means by |
| |
which that date is to be determined; |
| |
(c) | may contain provision by virtue of which the area of a safety zone |
| 30 |
varies from time to time by reference to factors specified in, or |
| |
determinations made in accordance with, the provisions of the notice; |
| |
(d) | may contain provision imposing prohibitions on the carrying on in a |
| |
safety zone of activities specified in, or determined in accordance with, |
| |
the provisions of the notice, or for the imposition of such prohibitions; |
| 35 |
(e) | may contain provision granting permission for vessels to enter or |
| |
remain in a safety zone or for persons to carry on prohibited activities, |
| |
or for the grant of such permissions; |
| |
(f) | may confer discretions, with respect to the making of determinations |
| |
for the purposes of such a notice, on such persons as may be specified |
| 40 |
or described in the notice; |
| |
(g) | may modify or revoke a previous notice; and |
| |
(h) | may make different provision in relation to different cases. |
| |
(7) | Where a notice is issued under this section or a determination is made for the |
| |
purposes of such a notice, the Secretary of State must either— |
| 45 |
(a) | himself publish the notice or determination in such manner as he |
| |
considers appropriate for bringing it, as soon as is reasonably |
| |
practicable, to the attention of persons likely to be affected by it; or |
| |
|
| |
|
| |
|
(b) | secure that it is published in that manner— |
| |
(i) | by the applicant for the notice; or |
| |
(ii) | in the case of a determination made by a person other than the |
| |
Secretary of State, by the applicant for the notice or by the |
| |
person who made the determination. |
| 5 |
(8) | References in this section to a determination for the purposes of a notice |
| |
include references to a determination made for those purposes in accordance |
| |
with the notice, or with regulations under section 97— |
| |
(a) | to impose a prohibition; |
| |
(b) | to grant a permission; or |
| 10 |
(c) | to impose conditions in relation to a permission. |
| |
(9) | Schedule 16 (which makes provision about the procedure for the declaration of |
| |
safety zones) has effect. |
| |
(10) | The waters subject to regulation under this section are— |
| |
(a) | waters in or adjacent to Great Britain which are between the mean low |
| 15 |
water mark and the seaward limits of the territorial sea; and |
| |
(b) | waters within a Renewable Energy Zone. |
| |
97 | Prohibited activities in safety zones |
| |
(1) | A vessel is not to enter or remain in a safety zone except where permission for |
| |
| 20 |
(a) | by or in accordance with provision contained in a notice under section |
| |
| |
(b) | by or in accordance with provision contained in regulations made by |
| |
| |
(2) | A person must not carry on an activity wholly or partly in a safety zone if his |
| 25 |
doing so is prohibited by or in accordance with provision contained in a notice |
| |
| |
(3) | Subsection (2) does not apply to the extent that carrying on the activity is |
| |
| |
(a) | by or in accordance with provision contained in such a notice; or |
| 30 |
(b) | by or in accordance with provision contained in regulations made by |
| |
| |
(4) | The provision that may be made with respect to permissions for the purposes |
| |
of this section includes— |
| |
(a) | provision for the permissions to apply in relation only to such times |
| 35 |
and such periods as may be specified or described in that provision; |
| |
| |
(b) | provision for the permissions to apply only to such vessels, such |
| |
persons and such purposes as may be specified or described in that |
| |
| 40 |
(5) | The provision that may be made with respect to a permission for the purposes |
| |
of this section includes provision imposing conditions in relation to a |
| |
| |
(6) | The conditions may include— |
| |
|
| |
|
| |
|
(a) | conditions imposing obligations in relation to a vessel, or individuals |
| |
on it, that must be satisfied while the vessel is in the safety zone; and |
| |
(b) | conditions imposing obligations as to the manner in which any activity |
| |
to which the permission relates is to be carried on. |
| |
(7) | Regulations under this section may confer discretions, with respect to the |
| 5 |
granting or imposition in accordance with the regulations of permissions or |
| |
conditions, on such persons as may be specified or described in the regulations. |
| |
(8) | Regulations under this section are subject to the negative resolution procedure. |
| |
98 | Offences relating to safety zones |
| |
(1) | Where a vessel enters or remains in a safety zone in contravention of section |
| 10 |
97(1), the vessel’s owner and her master are each guilty of an offence. |
| |
| |
(a) | a vessel enters or remains in a safety zone with a permission granted for |
| |
the purposes of section 97, and |
| |
(b) | there is a contravention of a condition of that permission in relation to |
| 15 |
the vessel or individuals on the vessel, |
| |
| the vessel’s owner and her master are each guilty of an offence. |
| |
(3) | A person who carries on an activity wholly or partly in a safety zone in |
| |
contravention of section 97(2) is guilty of an offence. |
| |
| 20 |
(a) | a person carries on an activity wholly or partly in a safety zone with a |
| |
permission granted for the purposes of section 97, and |
| |
(b) | there is a contravention of a condition of that permission in relation to |
| |
the carrying on of that activity, |
| |
| that person is guilty of an offence. |
| 25 |
(5) | A person guilty of an offence under this section shall be liable— |
| |
(a) | on summary conviction, to a fine not exceeding the statutory |
| |
| |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
two years or to a fine, or to both. |
| 30 |
(6) | In proceedings against a person as the owner of a vessel for an offence under |
| |
subsection (1) or (2), it is a defence for him to show that the existence of the |
| |
| |
(a) | was not known to the master of the vessel in question at the time of the |
| |
| 35 |
(b) | would not have become known to the master had he made reasonable |
| |
inquiries before that time. |
| |
(7) | In any other proceedings against a person for an offence under this section, it |
| |
is a defence for that person to show that the existence of the safety zone— |
| |
(a) | was not known to him at the time of the offence; and |
| 40 |
(b) | would not have become known to him had he made reasonable |
| |
inquiries before that time. |
| |
(8) | It is also a defence in proceedings against a person for an offence under this |
| |
section for that person to show that he took all reasonable steps to prevent the |
| |
contravention in question. |
| 45 |
|
| |
|