The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2006
This Order, made under the Scotland Act 1998 (c. 46), provides for certain functions of a Minister of the Crown under the Electricity Act 1989 (c. 29) (“the Electricity Act”), so far as they are exercisable by that Minister in or as regards Scotland, to be exercisable by the Scottish Ministers instead of by the Minister concerned. This Order consolidates in one instrument the devolution of functions under section 36 of the Electricity Act (consents to construct, extend or operate electricity generating stations) by revoking the devolution of those functions effected in the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (SI 1999/1750) and by then, on the following day, re-devolving those functions to the Scottish Ministers. The other functions transferred by this Order relate to the consideration of applications under section 36 of the Electricity Act where the proposed generating station is not within the area of a planning authority, and consultation with the Scottish Environment Protection Agency (“SEPA”) in relation to generating stations powered by water.