The Secretary of State for Energy and Climate Change Order 2009

Article 4

SCHEDULE 1 PROVISIONS REFERRED TO IN ARTICLE 4

The provisions referred to in article 4 are—

(a) Opencast Coal Act 1958, in sections 51(1) and 52(2), paragraph (b) of the definition of “appropriate Minister”(1),

(b) New Towns Act 1981, section 78(1)(b)(2),

(c) Electricity Act 1989, paragraph 3(1) of Schedule 16(3),

(d) Town and Country Planning Act 1990, section 265(1)(b) and (2)(4),

(e) Gas Act 1995, paragraph 2(10) of Schedule 4(5),

(f) Channel Tunnel Rail Link Act 1996, section 50(5)(b)(6),

(g) paragraph 13(7) of Schedule 14 to that Act,

(h) paragraph 2(4)(8) of Part 2 of Schedule 15 to that Act,

(i) Crossrail Act 2008(9), section 4(5)(b),

(j) paragraph 12 of Schedule 4 to that Act,

(k) paragraphs 2(4) and 13(3) of Part 2 of Schedule 17 to that Act,

(l) Public Bodies’ Land (Appropriate Ministers) Order 1981, article 2, in the Table, column 2 of the entry relating to the Coal Authority(10),

(m) Oil Taxation (Gas Banking Schemes) Regulations 1982, regulation 5(5)(a)(11),

(n) British Coal Staff Superannuation Scheme (Modification) Regulations 1994(12),

(o) Mineworkers’ Pension Scheme (Modification) Regulations 1994(13),

(p) Town and Country Planning (General Development Procedure) Order 1995, article 16(1)(b)(14),

(q) Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998, regulation 4(7)(15),

(r) Nuclear Industries Security Regulations 2003, regulations 23(3)(a) and 24(3)(a)(16).

(1)

1958 c. 69; the definition of “appropriate Minister” in section 51(1) was inserted by S.I. 1976/1775, Sched. 3 and amended by the Gas Act 1986 (c. 44), Sched. 9, the Electricity Act 1989 (c. 29), Sched. 18 and S.I. 1992/1314, Sched.; other amendments have been made to the definition which are not relevant to this Order. In this Act and certain other enactments references to the Secretary of State for Trade and Industry (or to the Department of Trade and Industry) have effect as or as including references to the Secretary of State for Business, Enterprise and Regulatory Reform (or to the Department for Business, Enterprise and Regulatory Reform) by virtue of S.I. 2007/3224, art. 12. That is subject to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and, in the case of enactments extending to Scotland, sections 53 and 117 of the Scotland Act 1998 (c. 46). By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), certain functions conferred on the National Assembly for Wales are exercisable by the Welsh Ministers. The definition of “appropriate Minister” in section 52(2) was inserted by S.I. 1976/1775, Sched. 3; other amendments have been made to the definition which are not relevant to this Order. In this Act and certain other enactments, references to the Secretary of State for Energy (or to the Department of Energy) have effect as or as including references to the Secretary of State for Trade and Industry (or to the Department of Trade and Industry) by virtue of S.I. 1992/1314, art. 3; see further the comments above about references to the Secretary of State for Trade and Industry.

(2)

1981 c. 64; section 78(1) was amended by the Gas Act 1986 (c. 44), Sched. 9, the Electricity Act 1989 (c. 29), Sched. 18 and S.I. 1992/1314, Sched.; other amendments have been made to section 78(1) which are not relevant to this Order. See also the comments about references to the Secretary of State for Trade and Industry in the footnote to paragraph (a) above.

(3)

1989 c. 29; paragraph 3(1) was amended by the Planning (Consequential Provisions) Act 1990 (c. 11), Sched. 1, the Water Consolidation (Consequential Provisions) Act 1991 (c. 60), Sched. 3, the Government of Wales Act 1998 (c. 38), Sched. 18 and S.I. 1992/1314, Sched. See also the comments about references to the Secretary of State for Trade and Industry in the footnote to paragraph (a) above.

(4)

1990 c. 8; section 265 was amended by S.I. 1992/1314, Sched. (and see section 76(7) of the Utilities Act 2000 (c. 27)); other amendments have been made to section 265 which are not relevant to this Order. See also the comments about references to the Secretary of State for Trade and Industry in the footnote to paragraph (a) above.

(5)

1995 c. 45; paragraph 2(10) was amended by the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11), Sched. 1 and the Government of Wales Act 1998 (c. 38), Sched. 18 (and see section 76(7) of the Utilities Act 2000 (c. 27)). See also the comments about references to the Secretary of State for Trade and Industry in the footnote to paragraph (a) above.

(6)

1996 c. 61; section 50(5)(b) was amended by S.I. 2002/2626, Sched. 2 and S.I. 2007/3224, Sched.

(7)

Paragraph 13 was amended by S.I. 2002/2626, Sched. 2 and S.I. 2007/3224, Sched.

(8)

Paragraph 2(4) was substituted by S.I. 1997/2971, Sched. and was amended by S.I. 2002/2626, Sched. 2 and S.I. 2007/3224, Sched.

(9)

2008 c. 18.

(10)

S.I. 1981/15; article 2 was amended by S.I. 1994/2567, Sched.; other amendments have been made to article 2 which are not relevant to this Order. See also the comments about references to the Secretary of State for Trade and Industry in the footnote to paragraph (a) above.

(11)

S.I. 1982/92. See the comments about references to the Secretary of State for Energy in the footnote to paragraph (a) above.

(12)

S.I. 1994/2576; amendments have been made to the Regulations which are not relevant to this Order. See also the comments about references to the Secretary of State for Trade and Industry in the footnote to paragraph (a) above.

(13)

S.I. 1994/2577; amendments have been made to the Regulations which are not relevant to this Order. See also the comments about references to the Secretary of State for Trade and Industry in the footnote to paragraph (a) above.

(14)

S.I. 1995/419. See the comments about references to the Secretary of State for Trade and Industry in the footnote to paragraph (a) above.

(15)

S.I. 1998/1056; regulation 4(7) was amended by S.I. 2007/3224, Sched.

(16)

S.I. 2003/403; regulations 23(3) and 24(3) were amended by S.I. 2007/3224, Sched.