2.—(1) The Energy Act 2008(1) is amended in accordance with this regulation.
(2) In section 17 (prohibition on unlicensed activities), after subsection (3) insert—
“(4) In relation to Scotland, “controlled place” includes—
(a)a place in Scotland, or
(b)a place within the seaward limits of the territorial sea adjacent to Scotland.”.
(3) In section 18 (licences)—
(a)in subsection (2)(a), for “in, under or over the territorial sea adjacent to Scotland” substitute “a Scottish controlled place”;
(b)in subsection (2)(b), for “controlled place which is in, under or over that territorial sea” substitute “Scottish controlled place”;
(c)in subsection (2)(c), for “that territorial sea” substitute “the territorial sea adjacent to Scotland”; and
(d)after subsection (4) insert—
“(5) In this section, “Scottish controlled place” means—
(a)a controlled place in Scotland, or
(b)a controlled place within the seaward limits of the territorial sea adjacent to Scotland.”.
(4) In section 22 (offence to carry on unlicensed activities), after subsection (4) insert—
“(5) If the activity constituting the offence is carried out in a Scottish controlled place other than a place within the area of the territorial sea, subsection (3)(a) has effect as if the reference to £50,000 were a reference to £5,000.”.
(5) In section 26(1) (injunctions restraining breaches of section 17(1)) for “controlled place in, under or over the territorial sea adjacent to Scotland” substitute “Scottish controlled place”.
(6) In section 35(1) (Chapter 3: interpretation)—
(a)in the definition of “controlled place”, after “17(3)” insert “and (4)”; and
(b)after the definition of “licensing authority” insert—
““Scottish controlled place” has the meaning given by section 18(5).”