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Scotland (Oil and Gas Resources) Bill


 

Scotland (Oil and Gas Resources) Bill

 

 
 

Contents

Part 1

Transfer of legislative competence

1   

Legislative competence of Scottish Parliament: oil and gas resources

Part 2

Payment of oil and gas revenues into the Scottish Consolidated Fund

2   

Payment of revenues from Scottish sector of the UK continental shelf into

Scottish Consolidated Fund

3   

Reimbursement of Secretary of State for administrative expenses

4   

Amendment to the Scotland Act 1998 (c. 46)

Part 3

Supplementary

5   

Interpretation

6   

Transitional provisions

7   

Short title and commencement

 

Bill 191                                                                                                

54/1

 
 

Scotland (Oil and Gas Resources) Bill
Part 1 — Transfer of legislative competence

1

 

A

Bill

To

provide for the transfer to the Scottish Parliament of competence for Scottish

oil and gas resources; to provide for revenues from the Scottish sector of the

United Kingdom continental shelf to be paid into the Scottish Consolidated

Fund; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Transfer of legislative competence

1       

Legislative competence of Scottish Parliament: oil and gas resources

(1)   

The Scottish Parliament shall have legislative competence for Scotland’s oil

and gas resources.

5

(2)   

Matters within the competence of the Scottish Parliament shall include, so far

as they relate to the Scottish sector of the UK continental shelf—

(a)   

the ownership of, exploration for, and exploitation of deposits of oil

and natural gas,

(b)   

the subject-matter of section 1 of the Mineral Exploration and

10

Investment Grants Act 1972 (c. 9) (contributions in connection with

mineral exploration) so far as relating to exploration for oil and gas,

(c)   

offshore installations and pipelines,

(d)   

the subject-matter of the Pipe-lines Act 1962 (c. 58) (including section 5

(deemed planning permission)) so far as relating to pipelines within the

15

meaning of section 65 of that Act,

(e)   

the application of Scots law and the jurisdiction of the Scottish courts in

relation to offshore activities,

(f)   

pollution relating to oil and gas exploration and exploitation, but only

outside controlled waters (within the meaning of section 30A(1) of the

20

Control of Pollution Act 1974 (c. 40)),

 
Bill 191 54/1
 
 

Scotland (Oil and Gas Resources) Bill
Part 3 — Supplementary

2

 

(g)   

the subject-matter of Part II of the Food and Environment Protection

Act 1985 (c. 48) so far as relating to oil and gas exploration and

exploitation, but only in relation to activities outside such controlled

waters,

(h)   

restrictions on navigation, fishing and other activities in connection

5

with offshore activities,

(i)   

liquefaction of natural gas, and

(j)   

the conveyance, shipping and supply of gas through pipes.

(3)   

Section D2 of Part II of Schedule 5 of the Scotland Act 1998 (c. 46) is hereby

repealed.

10

Part 2

Payment of oil and gas revenues into the Scottish Consolidated Fund

2       

Payment of revenues from Scottish sector of the UK continental shelf into

Scottish Consolidated Fund

The Treasury shall provide by order made by statutory instrument for all

15

receipts from taxes and royalties relating to the Scottish sector of the UK

continental shelf, including taxes on profits from oil and gas extraction, to be

payable into the Scottish Consolidated Fund.

3       

Reimbursement of Secretary of State for administrative expenses

The Scottish Ministers may reimburse the Secretary of State for any

20

administrative expenses he incurs by virtue of this Part at any time after the

passing of this Act.

4       

Amendment to the Scotland Act 1998

In Part II of Schedule 5 of the Scotland Act 1998, before “Local” in Section A1

there shall be inserted “Any taxes, allowances or royalties paid in relation to

25

the Scottish sector of the UK continental shelf including Petroleum Revenue

Tax and Corporation Tax and the supplementary levy on taxabale profits from

oil and gas extraction”.

Part 3

Supplementary

30

5       

Interpretation

In this Act—

“Scottish sector of the UK continental shelf” means the area of Scottish

waters defined by the co-ordinates set out for the boundary in the

Continental Shelf Jurisdiction Order (S.I. 1968/891).

35

6       

Transitional provisions

The Secretary of State may by order made by statutory instrument make such

transitional provision as he considers necessary for the purposes of bringing

into force any provision of this Act.

 
 

Scotland (Oil and Gas Resources) Bill
Part 3 — Supplementary

3

 

7       

Short title and commencement

(1)   

This Act may be cited as the Scotland (Oil and Gas Resources) Act 2006.

(2)   

This Act shall come into force on the day of Royal Assent.

 
 

 
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