The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2001

Explanatory Note

(This note is not part of the Order)

This Order, made under the Scotland Act 1998 (c. 46), provides for certain specified functions of a Minister of the Crown, 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 of the Crown.

Article 2 of the Order provides that the functions conferred on a Minister of the Crown by the enactments specified in the Schedule to the Order shall be exercisable in or as regards Scotland by the Scottish Ministers instead of a Minister of the Crown.

The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2000 (S.I. 2000/3253) transferred to the Scottish Ministers powers under sections 32 and 32A of the Electricity Act 1989 (c. 29), as inserted by the Utilities Act 2000 (c. 27), to make orders specifying the amount of electricity to be supplied using renewable sources. This Order gives the Scottish Ministers power to make provision in an Order under section 32 allowing the Gas and Electricity Markets Authority (“the Authority”) to issue green certificates to the operator of a generating station or to an electricity supplier in order to certify that a certain amount of electricity from renewable sources has been generated and supplied to customers in Great Britain (or the part of Great Britain stated in the certificate). The Order also gives the Scottish Ministers power to make provision in an Order under section 32 for payment to to be made to the Authority as an alternative to producing evidence of supplies of renewable sourced electricity.

In relation to the Utilities Act 2000, the Order transfers to the Scottish Ministers the powers contained in section 67, to make savings and transitional orders relating to the existing sections 32 and 33 of the Electricity Act 1989. It also allows Orders to be made requiring the continued payment of the Fossil Fuel Levy. Orders can be made to make any matter a relevant requirement for Part I of the Electricity Act 1989 and therefore bring enforcement within the control of the Authority.

Article 3 provides for certain general modifications of enactments in connection with provision made by the Order.

Article 4 makes transitional and saving provision.