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Energy Act 2008

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7In section 11 (application of civil law)—E+W+S+N.I.

(a)in subsection (1), after “Order in Council” insert “ , subject to subsection (4A) ”,

(b)in subsection (3), after paragraph (a) insert—

(aa)the exploration of any place in, under or over such waters with a view to the storage of gas in such a place;

(ab)the conversion of any place in, under or over waters to which this section applies for the purpose of storing gas;,

(c)in paragraph (b) of that subsection, for “in or under the shore or bed of” substitute “ in, under or over ”,

(d)after that paragraph insert—

(ba)the unloading of gas at any place in, under or over such waters;,

(e)in paragraph (d) of that subsection, for “paragraph (a), (b) or (c)” substitute “ any of paragraphs (a) to (c) ”,

(f)after that subsection insert—

(3A)In subsection (3) references (in whatever form) to storing gas include storing gas with a view to its permanent disposal.,

(g)after subsection (4) insert—

(4A)An Order in Council may not make provision under subsection (1) in relation to questions arising out of acts or omissions taking place in connection with any activity carried on in, under or over relevant Scottish waters with a view to, or in connection with, the storage of carbon dioxide.

(4B)In subsection (4A)—

(a)relevant Scottish waters” means tidal waters, and parts of the sea, in or adjacent to Scotland up to the seaward limits of the territorial sea, and

(b)references to the storage of carbon dioxide do not include the use of carbon dioxide for a purpose ancillary to getting petroleum (within the meaning of section 1)., and

(h)after subsection (8) insert—

(9)In this section “gas” means—

(a)gas within the meaning of section 2(4) of the Energy Act 2008, or

(b)carbon dioxide.

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Commencement Information

I1Sch. 1 para. 7(a)-(c)(e)-(g) in force at 6.4.2009 by S.I. 2009/45, art. 4(a)(iii)

I2Sch. 1 para. 7(d)(h) in force at 13.11.2009 for specified purposes by S.I. 2009/2809, art. 2 (with art. 4)

I3Sch. 1 para. 7(h) in force at 6.4.2009 for specified purposes by S.I. 2009/45, art. 4(a)(iii)

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