The Civil Jurisdiction (Application to Offshore Renewable Energy Installations etc.) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order divides Great Britain territorial waters (including tidal waters) and waters within the Renewable Energy Zone (designated under section 84 of the Energy Act 2004) into English and Scottish parts for the purpose of applying English and Scottish civil law respectively to activities taking place on, under or above renewable energy installations or certain electric lines situated in those offshore areas (article 3).

Article 4 describes the enactments to which article 3 does not apply.

Article 5 confers jurisdiction on the High Court in England and Wales and the Court of Session in Scotland for the determination of questions arising out of relevant acts.

The co-ordinates listed as point numbers in the Schedule to the Order coincide with the England/Scotland internal waters, territorial sea and fishing boundaries, as set out in the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).

This Order has been laid in the Scottish Parliament in accordance with section 88 of the Energy Act 2004. The later coming into force date for the provisions applying Scottish law reflects the fact that procedure in the Scottish Parliament is delayed during recess and does not count towards the 21 day period.

An Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is forseen.