Commentary on Sections Community electricity right Section 39: Supplementary provision
214.Subsection (1) enables community electricity right regulations to confer functions in relation to the community electricity right. This can include functions of the Secretary of State and any other person apart from Scottish and Welsh Ministers.
215.Subsection (2) provides further detail on the functions that may be conferred. For example this may include a duty (this may be in relation to enforcing the community electricity right), a requirement to consult (this may apply to renewable electricity generators in relation to a requirement to consult with the local community on the type of stake to be offered). It may also include exercising discretion (this may include renewable electricity generators choosing the kind of stake offered to communities) and a requirement to take into account any guidance (this may include guidance produced by the Secretary of State in relation to the implementation of the community electricity right).
216.Subsection (3) provides that the scope of the powers within this Part of the Act is not limited to the examples provided.
217.Subsection (4) provides that the requirements included within Schedule 6 only come into effect when the community electricity regulations are made.
218.Subsection (5) provides that the commencement of the regulations (as defined in the regulations) can ensure that the regulations do not apply retroactively and would only apply to existing facilities that have not, at that date, reached a specified point of development.
219.Subsection (6) makes provision that the stake in the renewable electricity generating facility can be in the form of a loan or debt instrument.
220.Subsection (7) requires the Secretary of State to carry out a review of the provisions in connection with the community electricity right once the provisions have been in force for 5 years.