The Scotland Act 2016 (Commencement No. 4, Transitional and Savings) Regulations 2017

• Citation: S.I. 2017/300
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the Scotland Act 2016 (Commencement No. 4, Transitional and Savings) Regulations 2017 and shall come into force on 1st April 2017.

Section 2 Interpretation

In these Regulations—

“the 2004 Act ” means the Energy Act 2004 ;

“the 2016 Act ” means the Scotland Act 2016;

“approved decommissioning programme” means a decommissioning programme approved in accordance with section 106 of the 2004 Act (approval of decommissioning programmes);

“existing installation” has the meaning given in regulation 5 (meaning of existing installation);

“existing statutory consent” means a consent, licence or approval required by or under any enactment and issued in relation to the offshore installation, or part of that installation, before 1st April 2017;

“financial security” means any security to be provided in relation to the carrying out of a decommissioning programme in accordance with section 106(4) of the 2004 Act; and

“relevant date” has the meaning given in regulation 6 (determination of relevant date).

Section 3 Coming into force of section 62 of the 2016 Act

(1) Subject to paragraph (2), section 62 of the 2016 Act (offshore renewable energy installations) comes into force on 1st April 2017.

(2) Paragraph (1) is subject to the transitional and savings provisions in regulation 4 (transitional and savings provisions for existing installations).

Section 4 Transitional and savings provisions for existing installations

(1) Subject to paragraph (2), Chapter 3 of Part 2 of the 2004 Act (decommissioning of offshore installations) shall continue to have effect in relation to an existing installation as if it had not been amended by section 62(9) to (15) of the 2016 Act.

(2) Paragraph (1) ceases to apply in relation to an existing installation if that installation reaches its relevant date.

Section 5 Meaning of existing installation

(1) In regulation 4, an existing installation is an offshore installation (or part of such an installation) which is the subject of an existing statutory consent and for which as at 1st April 2017—

(a) construction has started, and

(b) either paragraph (2) or (3) applies.

(2) This paragraph applies where the installation has a decommissioning date before 1st January 2023.

(3) This paragraph applies where the installation has a decommissioning date on or after 1st January 2023 and either—

(a) there is no approved decommissioning programme in place relating to that installation; or

(b) the approved decommissioning programme relating to that installation was approved subject to the provision of financial security by a prescribed date, and the prescribed date has passed and the security has not been provided.

(4) In this regulation—

(a) for the purposes of paragraph (1)(a), construction has not started on an installation where the only work carried out is the laying of cables in anticipation of construction;

(b) “decommissioning date” means the end date of the marine licence issued in relation to the offshore installation or to part of that installation;

(c) “marine licence” means a licence issued under either—

(i) Part 2 (deposits in the sea) of the Food and Environment Protection Act 1985 ,

(ii) Part 4 (marine licensing) of the Marine and Coastal Access Act 2009 , or

(iii) Part 4 (marine licensing) of the Marine (Scotland) Act 2010 ; and

(d) “offshore installation” has the meaning given in section 104 (interpretation of chapter 2 of part 2) of the 2004 Act.

Section 6 Determination of relevant date

In regulation 4, the relevant date in respect of an existing installation is—

(a) in the case of an installation to which regulation 5(2) applies, the date on which all of the following criteria are satisfied—

(i) an approved decommissioning programme relating to the installation is in place and the financial security required as a condition of approval is either—

(aa) provided; or

(bb) to accrue over time in accordance with the programme;

(ii) on or after 1st April 2017, any existing statutory consent is varied or a new statutory consent is issued in relation to the installation; and

(iii) a notice is issued under section 108 of the 2004 Act (reviews and revisions of decommissioning programmes) proposing to modify the approved decommissioning programme in light of the new or varied statutory consent;

(b) in the case of an installation to which regulation 5(3)(a) applies—

(i) where an approved decommissioning programme relating to the installation requires, as a condition of that approval, financial security to accrue over time in accordance with the programme, and the requirement in sub-paragraph (ii) does not apply, the date of its approval; or

(ii) where an approved decommissioning programme relating to the installation requires, as a condition of approval, all or part of the financial security to be provided by a prescribed date which is within four weeks of the date of its approval, the date that security is provided; and

(c) in the case of an installation to which regulation 5(3)(b) applies, the date the security is provided.