Legislation – Energy Act 2023
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Part 1Licensing of carbon dioxide transport and storage
Chapter 5Transfer schemes
51Consultation in relation to transfers
(1)
If the Secretary of State proposes to make a scheme under section 50, the Secretary of State must consult the licence holder mentioned in section 50(2) (“the proposed transferor”) before making the scheme.
(2)
If the Secretary of State proposes to make a scheme under section 50 which transfers designated property, rights or liabilities to a person or persons falling within section 50(3)(b) (“the proposed transferee or transferees”), the Secretary of State must consult before making the scheme—
(a)
the proposed transferee or transferees, and
(b)
where a proposed transferee is not a public authority—
(i)
the economic regulator,
(ii)
the Health and Safety Executive,
(iii)
the Oil and Gas Authority,
(iv)
the appropriate devolved authorities (if any), and
(v)
such other persons as the Secretary of State considers appropriate.
(3)
The matters on which the Secretary of State is to consult the proposed transferor, and the proposed transferee or transferees, must include the provision the proposed scheme should make.
(4)
The matters on which the Secretary of State is to consult a body or person falling within subsection (2)(b)(i) to (v) must include whether the proposed transferee is an appropriate person, or whether the proposed transferees are appropriate persons, for the purposes of section 50(3)(b).
(5)
For the purposes of subsection (2)(b)(iv) the “appropriate devolved authorities” are—
(a)
the Welsh Ministers, if provision making the proposed scheme would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006);
(b)
the Scottish Ministers, if provision making the proposed scheme would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;
(c)
the Department for the Economy in Northern Ireland, if provision making the proposed scheme—
(i)
would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
(ii)
would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
(6)
In this section, “designated” has the same meaning as in section 50.