PART 6

Energy

The community electricity right

Supplementary provision
39
1
Community electricity right regulations may confer a function on—
a
the Secretary of State, or
b
any other person, apart from the Scottish Ministers or the Welsh Ministers.
2
The functions that may be imposed include—
a
a duty (including a restriction or prohibition);
b
a function involving the exercise of a discretion;
c
a requirement to consult;
d
a requirement to take account of guidance.
3
The provisions of section 38, Schedule 6 and this section which specify particular kinds of provision that may be made in community electricity right regulations do not limit the powers conferred by section 38 to make such regulations.
4
The duties under Schedule 6 to make particular provision in community electricity right regulations do not apply unless the Secretary of State decides to exercise the power conferred by section 38 to make such regulations.
5
Provision which commences community electricity right regulations may be framed so as to secure that the regulations do not apply to a renewable electricity generation facility if development of the facility has reached a stage of advancement specified in the commencement provision.
6
A reference in section 38 or Schedule 6 to buying a stake in a renewable electricity generation facility includes a reference to making a loan in relation to a renewable electricity generation facility.
7
The Secretary of State must carry out a review of section 38, Schedule 6 and the preceding provisions of this section as soon as reasonably practicable after the end of the period of 5 years beginning with the day on which they come into force.
S. 39 in force at 1.6.2016, see s. 57(7)(a)