Part 1The Marine Management Organisation

Chapter 2Transfer of functions to the MMO

Generating and renewable energy installations

I113Safety zones: functions under section 95 of the Energy Act 2004

1

The functions of the Secretary of State specified in subsection (2) are transferred to the MMO.

2

Those functions are any functions of the Secretary of State under section 95 of the Energy Act 2004 (c. 20) (safety zones around renewable energy installations), so far as relating to any renewable energy installation that meets the requirements of subsections (3) and (4).

3

The renewable energy installation must be in waters subject to regulation under section 95 of the Energy Act 2004, other than—

a

any area of Scottish waters,F2...

b

any area of waters in a Scottish part of a Renewable Energy Zone.

F1c

any area of the Welsh inshore region, or

d

any area of the Welsh offshore region.

4

The renewable energy installation must have a capacity such that the construction or extension of the installation would not be a nationally significant infrastructure project (within the meaning given by sections 14 and 15 of the Planning Act 2008 (c. 29)).

5

In accordance with subsection (1), any reference in the following provisions to the Secretary of State is to be read, so far as relating to the exercise of any function falling within subsection (2), as a reference to the MMO—

a

section 95 of the Energy Act 2004,

b

Schedule 16 to that Act (procedure for declaring safety zones),

but this is subject to the exceptions in subsection (6).

6

Those exceptions are the following provisions of Schedule 16 to the Energy Act 2004 (which relate to regulations made by the Secretary of State)—

  • paragraph 3(2)(b);

  • in paragraph 4(1), the words preceding paragraph (a);

  • paragraph 4(1)(b);

  • paragraph 4(2);

  • paragraph 6(2)(b) and (6).

7

In section 95 of the Energy Act 2004, after subsection (1) insert—

1A

This section is subject to section 13 of the Marine and Coastal Access Act 2009 (which transfers certain functions of the Secretary of State to the Marine Management Organisation).

8

In this section, the following expressions have the same meaning as in section 95 of the Energy Act 2004—

  • “renewable energy installation”;

  • “Renewable Energy Zone”;

  • “Scottish part”, in relation to a Renewable Energy Zone;

  • “Scottish waters”.