The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015
| Jurisdiction | UK Non-devolved |
2015No. 374
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
LICENSING (MARINE)
ELECTRICITY
ENVIRONMENTAL PROTECTION
The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015
25thFebruary2015
26thFebruary2015
The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(2), (3), (4) and (5) of the Scotland Act 1998( 1).
In accordance with paragraphs 1, 2 and 3 of Schedule 7 to that Act, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.
Citation, commencement and extent
1.-(1) This Order may be cited as the Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 and comes into force on the day after the day on which it is made.
(2) Subject to paragraph (3), the modifications in this Order have the same extent as the provisions being modified.
(3) Articles 2, 5(3) and 6(4) extend to Scotland only.
Modification of the Health and Safety at Work etc. Act 1974
2.-(1) The Health and Safety at Work etc. Act 1974( 2) is amended as follows.
(2) In section 1, subsection (1)(d) and the word "and" preceding it are repealed.
(3) Section 5 is repealed.
Modification of the Copyright, Designs and Patents Act 1988
3.-(1) The Copyright, Designs and Patents Act 1988( 3) is modified as follows.
(2) In section 47(6), in the definition of "statutory requirement", the reference to an enactment includes any enactment contained in Part 3 of the Regulatory Reform (Scotland) Act 2014( 4).
(3) In section 50(1), the reference to an Act of Parliament includes Part 3 of the Regulatory Reform (Scotland) Act 2014.
(4) Nothing in this article is to be construed as excluding any defence of statutory authority otherwise available under or by virtue of any statutory provision.
Modification of the Electricity Act 1989
4.-(1) The Electricity Act 1989( 5) is amended in accordance with paragraphs (2) and (3).
(2) After section 36C( 6) insert-
(1) If a person is aggrieved by a decision of the Scottish Ministers to which this section applies, and wishes to question the validity of the decision on either of the grounds mentioned in subsection (2), the person (the "aggrieved person") may make an application to the Inner House of the Court of Session under this section.
(2) The grounds are that-
(a) the decision is not within the powers of the Scottish Ministers under this Part,
(b) one or more of the relevant requirements have not been complied with in relation to the decision.
(3) This section applies to a decision under section 36 in relation to an application for consent to construct, extend or operate a generating station that comprises or is to comprise (in whole or in part) renewable energy installations situated at places in relevant waters.
(4) An application under this section must be made within the period of 6 weeks beginning with the date on which the decision to which the application relates is taken.
(5) On an application under this section, the Inner House of the Court of Session-
(a) may suspend the decision until the final determination of the proceedings,
(b) may quash the decision either in whole or in part if satisfied that-
(i) the decision in question is not within the powers of the Scottish Ministers under this Part, or
(ii) the interests of the aggrieved person have been substantially prejudiced by failure to comply with any of the relevant requirements in relation to the decision.
(6) In this section-
"relevant waters" has the same meaning as in section 36A(7)( 7);
"the relevant requirements", in relation to a decision to which this section applies, means the requirements of this Act, or of any order or regulations made under this Part, which are applicable to that decision.
(1) No proceedings may be taken in respect of an application under section 36D(1) unless the Inner House of the Court of Session has granted permission for the application to proceed.
(2) The Court may grant permission under subsection (1) for an application to proceed only if it is satisfied that-
(a) the applicant can demonstrate a sufficient interest in the subject matter of the application, and
(b) the application has a real prospect of success.
(3) The Court may grant permission under subsection (1) for an application to proceed-
(a) subject to such conditions as the Court thinks fit, or
(b) only on such of the grounds specified in the application as the Court thinks fit.".
(3) 36E Applications under section 36D: requirement for permission
In Schedule 8, after paragraph 5A( 8) insert-
(1) If a person is aggrieved by a decision of the Scottish Ministers to which this paragraph applies, and wishes to question the validity of the decision on either of the grounds mentioned in sub-paragraph (2), the person (the "aggrieved person") may make an application to the Inner House of the Court of Session under this paragraph.
(2) The grounds are that-
(a) the decision is not within the powers of the Scottish Ministers under this Schedule,
(b) one or more of the relevant requirements have not been complied with in relation to the decision.
(3) This paragraph applies to a decision under paragraph 3(2) as to whether a public inquiry should be held with respect to an application for consent to construct, extend or operate a generating station that comprises or is to comprise (in whole or in part) renewable energy installations situated at places in relevant waters.
(4) An application under this paragraph must be made within the period of 6 weeks beginning with the date on which the decision to which the application relates is taken.
(5) On an application under this section, the Inner House of the Court of Session-
(a) may suspend the decision until the final determination of the proceedings,
(b) may quash the decision either in whole or in part if satisfied that-
(i) the decision in question is not within the powers of the Scottish Ministers under this Schedule, or
(ii) the interests of the aggrieved person have been substantially prejudiced by failure to comply with any of the relevant requirements in relation to the decision.
(6) In this paragraph-
"relevant waters" has the same meaning as in section 36A(7);
"the relevant requirements", in relation to a decision to which this paragraph applies, means the requirements of this Act, or of any regulations made under this Schedule, which are applicable to that decision.
(1) No proceedings may be taken in respect of an application under paragraph 5B unless the Inner House of the Court of Session has granted permission for the application to proceed.
(2) The Court may grant permission under sub-paragraph (1) for an application to proceed only if it is satisfied that-
(a) the applicant can demonstrate a sufficient interest in the subject matter of the...
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