The Greenhouse Gas Emissions Trading Scheme Regulations 2005

Agreement of Scottish Ministers, the National Assembly for Wales and the Department for Environment

46.—(1) Subject to paragraphs (2), (3) and (4), any power of the Secretary of State under regulation 20(1), 21(1), 25(7), 26(1), 27(15), 44 and 45 is exercisable—

(a) in so far as it relates to installations situated in Scotland (other than offshore installations), only with the agreement of the Scottish Ministers;

(b) in so far as it relates to installations situated in Wales (other than offshore installations), only with the agreement of the National Assembly for Wales; and

(c) in so far as it relates to installations situated in Northern Ireland (other than offshore installations), only with the agreement of the Department of the Environment.

(2) The Secretary of State may exercise a power referred to in paragraph (1) in relation to installations situated in Scotland where—

(a) no agreement has been reached with the Scottish Ministers;

(b) she considers that it is necessary to do so to ensure that the United Kingdom complies with its obligations under the Directive; and

(c) she serves a notice on the Scottish Ministers stating that she has decided to exercise a power referred to in paragraph (1) in relation to Scotland.

(3) The Secretary of State may exercise a power referred to in paragraph (1) in relation to installations situated in Wales where—

(a) no agreement has been reached with the National Assembly for Wales;

(b) she considers that it is necessary to do so to ensure that the United Kingdom complies with its obligations under the Directive; and

(c) she serves a notice on the National Assembly for Wales stating that she has decided to exercise a power referred to in paragraph (1) in relation to Wales.

(4) The Secretary of State may exercise the power under paragraph (1) in relation to installations situated in Northern Ireland where—

(a) no agreement has been reached with the Department of the Environment;

(b) she considers that it is necessary to do so to ensure that the United Kingdom complies with its obligations under the Directive; and

(c) she serves a notice on the Department of the Environment stating that she has decided to exercise a power referred to in paragraph (1) in relation to Northern Ireland.