Constitutional Law

Martin Whitfield Excerpts

Wednesday 10th April 2019 Commons Chamber

[The Minister for Energy and Clean Growth (Claire Perry)]

I beg to move,

That the draft Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2019, which was laid before this House on 4 March, be approved.

Thank you very much for the opportunity to debate this order this afternoon, Madam Deputy Speaker. The order is made in consequence of the Regulatory Reform (Scotland) Act 2014, which I shall refer to as the 2014 Act and which received Royal Assent on 19 February 2014. Some may say the matter we are debating—essentially regulatory alignment between two routes of appeal under two separate pieces of legislation—is very minor, but the provisions have come from the Scottish Government’s very welcome distinctive Better Regulation agenda, which is based on principles of requiring regulation to be transparent, accountable, proportionate, consistent and targeted. If we assent to the regulations today, we will remove a disparity that could cause delay and cost to people seeking remedies under particular Acts.

The order is made under section 104 of the Scotland Act 1998, which allows for necessary or expedient legislative provision in consequence of an Act of the Scottish Parliament. In this case, a provision is required in consequence of the aforementioned 2014 Act. I have talked about what has driven the requirement for better regulation. We have seen in all four nations a desire for better and more proportionate regulation. I think we all agree that that is required and it creates a more benign business environment for investors. In this case, which pertains to energy installations, it can deliver benefits for the environment.

The 2014 Act accelerated the procedure by which certain appeals are determined: first, appeals in respect of decisions taken on applications for consent for energy-generating station development; and, secondly, appeals against a decision to hold a public inquiry with respect to such applications for consent. If there is a challenge on those particular issues, the order will ensure that the same appeal mechanism applies whether there is a challenge against a decision of the Scottish Ministers on either an application for a marine licence or on an application for a section 36 consent for energy developments within Scottish internal waters, territorial sea and the Scottish part of the renewable energy zone—REZ. The order ensures that by making two amendments to the Electricity Act 1989 to extend a statutory appeals procedure to the Scottish part of the REZ. It does so by substituting a new definition of “relevant waters” to include those waters in the Scottish part of the REZ.

I note that a change to the definition of “relevant waters” was inserted into the 1989 Act by an earlier order in 2015, with the intention of providing for the statutory appeal. However, the change related only to renewable energy installations to be sited in Scottish internal waters and the territorial sea adjacent to Scotland, not the REZ.

[Martin Whitfield (East Lothian) (Lab)]

Can the Minister confirm that the geographical location is based on where the turbine or renewable energy is located, rather than the company, the licence holder or any applicant?