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Infrastructure Act 2015

Territorial Extent and Application

10.The provisions in Part 1 extend to England and Wales only, save that sections 16 and 18 to 20 extend to the United Kingdom, and that amendments and repeals generally have the same extent as the provision being amended or repealed.

11.Part 2 extends to England and Wales but applies to England only.

12.In Part 3, section 22(1) extends to England and Wales only and section 22(2) extends to England, Wales and Scotland.

13.The provisions in Part 4 extend to England and Wales only.

14.The provisions in Part 5 relating to nationally significant infrastructure projects under the Planning Act 2008 extend and apply to England and Wales and (in relation to certain oil and gas cross-border pipelines) Scotland. The 2008 Act deals with matters that are not devolved so far as Wales and Scotland are concerned. The provisions for off-site carbon abatement measures also extend to England and Wales. The provisions relating to deemed discharge for planning conditions, and the HCA and other bodies extend to England and Wales and apply to England only.

15.Part 5 and Schedule 4 relating to Mayoral development orders extend to England and Wales only but the power to make a Mayoral development order may be exercised only in relation to a site or sites in Greater London. The provisions in Part 5 relating to expenditure of the Greater London Authority extend to England and Wales only.

16.The provisions in Part 5 relating to Land Registry extend and apply to England and Wales only (except where they consequentially amend an Act with a wider extent). Land registration is devolved to Scotland and Northern Ireland. These are not devolved matters in relation to Wales with the exception of local land charges fees where the current power of the Welsh Ministers to set local land charges fees will be retained.

17.The community electricity right in Part 6 extends to England and Wales and Scotland, and applies there (including the internal waters) and to the Renewable Energy Zone (with the exception of the territorial sea adjacent to Northern Ireland).

18.The provisions concerning the exploitation of petroleum and geothermal energy in deep-level land and safeguards for hydraulic fracturing contained in Part 6 extend to England and Wales, and not to Scotland or Northern Ireland. The provisions concerning the impact of onshore petroleum in England and Wales on the UK’s carbon budgets extend to England and Wales and Scotland. In Northern Ireland, responsibility for petroleum and geothermal energy lies with the Northern Ireland Executive’s Department of Enterprise, Trade and Investment.

19.The provisions in Part 6 relating to the Extractive Industries Transparency Initiative extend to the United Kingdom. The provisions on maximising the economic recovery of UK petroleum apply to the recovery of petroleum from under relevant waters (the UK territorial sea and Continental shelf). It applies to upstream petroleum infrastructure in so far as it is situated in Great Britain or relevant waters if it is used in relation to petroleum situated under relevant waters. It applies onshore in the UK in so far as it concerns petroleum situated under relevant waters. The remaining provisions in Part 6 extend to England, Wales and Scotland.

20.The provisions in Part 7 extend to the United Kingdom.

21.Part 8 extends to the United Kingdom.

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