Energy Bill [HL]

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Energy Bill [HL]

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy
71

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Competitive tenders for offshore transmission licences
After section 6B of the 1989 Act (applications for transmission licences) insert—
“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;
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(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;
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and
(b)
may dispense with or supplement provision made in relation to
applications for transmission licences by or under section 6A or
6B above.
(4)
The approval of the Secretary of State is required for the making of
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regulations under this section.
(5)
In 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;
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and

‘prescribed’ means prescribed in or determined under regulations
made by the Authority.
(6)
In subsection (5) ‘offshore transmission’ means the transmission within
an area of offshore waters of electricity generated by a generating
35
station in such an area.
(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
sea; and
40
(b)
waters within an area designated under section 1(7) of the
Continental Shelf Act 1964.”

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy
72

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
operated is situated.’
      (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.
      (5)
In paragraph 4—
(a)
in sub-paragraph (1)—
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(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.’;
and
(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
where—
(a)
a public inquiry is to be held in accordance with paragraph
2(2) or 3(2); and
(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.
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      (8)
The Secretary of State must have regard to objections made
otherwise than by the authority in question in determining whether

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy
73

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
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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
of waters”.
(4)
The functions conferred by virtue of this section on the Secretary of State are
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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
Act 1998 (c. 46).
95
Application of regulations under 1989 Act offshore
(1)
In section 29 of the 1989 Act (regulations relating to supply and safety), after
20
subsection (1) insert—
“(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—
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“(3A)
The regulations that may be made under this section include
regulations—
(a)
imposing duties on electrical inspectors in relation to anything
in the territorial sea adjacent to Great Britain or a Renewable
Energy Zone; or
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(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
in such waters; or
(c)
a renewable energy installation is being constructed, extended,
operated or decommissioned in such waters.

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy
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(2)
If the Secretary of State considers it appropriate to do so for the purpose of
securing the safety of—
(a)
the renewable energy installation or its construction, extension or
decommissioning,
(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
vicinity, or
(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.
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(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
section.
(6)
A notice under this section—
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(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;
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(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

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy
75

(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
it to do so is granted—
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(a)
by or in accordance with provision contained in a notice under section
96; or
(b)
by or in accordance with provision contained in regulations made by
the Secretary of State.
(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
under section 96.
(3)
Subsection (2) does not apply to the extent that carrying on the activity is
permitted—
(a)
by or in accordance with provision contained in such a notice; or
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(b)
by or in accordance with provision contained in regulations made by
the Secretary of State.
(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
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and such periods as may be specified or described in that provision;
and
(b)
provision for the permissions to apply only to such vessels, such
persons and such purposes as may be specified or described in that
provision.
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
permission.
(6)
The conditions may include—

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy
76

(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.
(2)
Where—
(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.
(4)
Where—
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(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.
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(5)
A person guilty of an offence under this section shall be liable—
(a)
on summary conviction, to a fine not exceeding the statutory
maximum;
(b)
on conviction on indictment, to imprisonment for a term not exceeding
two years or to a fine, or to both.
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(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
safety zone—
(a)
was not known to the master of the vessel in question at the time of the
offence; and
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(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.
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