2011 No. 224
The Energy Act 2008 (Storage of Carbon Dioxide) (Scotland) Regulations 2011
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721 and all other powers enabling them to do so.
In accordance with paragraph 2(2) of Schedule 2 to that Act, a draft of the Regulations has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
These Regulations may be cited as the Energy Act 2008 (Storage of Carbon Dioxide) (Scotland) Regulations 2011 and come into force on 1st April 2011.
Amendment of the Energy Act 20082
1
The Energy Act 20082 is amended in accordance with this regulation.
2
In section 17 (prohibition on unlicensed activities), after subsection (3) insert—
4
In relation to Scotland, “controlled place” includes—
a
a place in Scotland, or
b
a place within the seaward limits of the territorial sea adjacent to Scotland.
3
In section 18 (licences)—
a
in subsection (2)(a), for “in, under or over the territorial sea adjacent to Scotland” substitute “a Scottish controlled place”;
b
in subsection (2)(b), for “controlled place which is in, under or over that territorial sea” substitute “Scottish controlled place”;
c
in subsection (2)(c), for “that territorial sea” substitute “the territorial sea adjacent to Scotland”; and
d
after subsection (4) insert—
5
In this section, “Scottish controlled place” means—
a
a controlled place in Scotland, or
b
a controlled place within the seaward limits of the territorial sea adjacent to Scotland.
4
In section 22 (offence to carry on unlicensed activities), after subsection (4) insert—
5
If the activity constituting the offence is carried out in a Scottish controlled place other than a place within the area of the territorial sea, subsection (3)(a) has effect as if the reference to £50,000 were a reference to £5,000.
5
In section 26(1) (injunctions restraining breaches of section 17(1)) for “controlled place in, under or over the territorial sea adjacent to Scotland” substitute “Scottish controlled place”.
6
In section 35(1) (Chapter 3: interpretation)—
a
in the definition of “controlled place”, after “17(3)” insert “and (4)”; and
b
after the definition of “licensing authority” insert—
“Scottish controlled place” has the meaning given by section 18(5).
(This note is not part of the Regulations)