Territorial Extent and Territorial Application Scotland
7.On 4 February 2004, the Scottish Parliament agreed that a number of provisions should cover functions devolved in Scotland. These include:
	some functions of the NDA that relate to devolved functions;
	amendments to the Radioactive Substances Act 1993 (c.12);
	the jurisdiction of the new Civil Nuclear Constabulary;
	in regard to offshore renewable developments (Chapters 2 (Offshore Production of Energy) and 3 (Decommissioning of Offshore Installations) of Part 2 (Sustainability and Renewable Energy Sources)), the application of civil and criminal law (including police powers) and the extinguishment of public rights of navigation;
	provisions covering shorter obligation periods under the Renewables Obligation, and surcharges on late payments to the Renewables buy-out fund;
	mutual recognition of Renewables Obligation Certificates issued in Northern Ireland and Great Britain;
	provision covering surpluses arising from the Fossil Fuel Levy in Scotland.
8.The NDA will have functions which relate to both reserved and devolved matters in Scotland and so will have the status of and be similar to a cross border authority. The Act sets out the responsibilities which Scottish Ministers will have in relation to the operation of the NDA, and arrangements to ensure the accountability, where appropriate, to the Scottish Parliament as well as to Westminster. In respect of safety zones, the DTI and Scottish Executive have agreed that the Secretary of State will exercise the powers in the Act after consultation with Scottish Ministers.