The Scotland Act 2016 (Commencement No. 7) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force section 49 of the Scotland Act 2016 (c.11) (“the 2016 Act”) which relates to onshore petroleum and sections 58 to 60 of that Act which relate to fuel poverty support schemes and energy company obligations.

Section 49 of the 2016 Act is brought into force on 29th November 2017.

Section 58 of the 2016 Act inserts a new section 14A into the Energy Act 2010 (c.27) (“the 2010 Act”) which enables the Scottish Ministers to exercise a range of the powers of the Secretary of State to make support schemes for the purpose of reducing fuel poverty in relation to Scotland under section 9 of the 2010 Act. Section 58 is brought into force on 1st December 2017 for the purpose of making regulations under sections 9 and 31(6A) of the 2010 Act to come into force not earlier than 1st April 2018. This has the effect that the regulations may come into force after the 31st March 2018 end date of the existing fuel poverty support scheme (known as the Warm Home Discount). Section 58 of the 2016 Act is brought into force for remaining purposes on 1st April 2018.

Section 59 of the 2016 Act inserts new sections 33BCA and 33BDA into the Gas Act 1986 (c.44) (“the 1986 Act”) and inserts new sections 41AA and 41BA into the Electricity Act 1989 (c.29) (“the 1989 Act”). These inserted provisions enable the Scottish Ministers to exercise a range of powers (which exist under sections 33BC and 33BD of the 1986 Act and under sections 41A and 41B of the 1989 Act) in relation to obligations imposed by the Secretary of State on licenced gas and electricity suppliers to promote reductions in carbon emissions or home-heating costs in relation to Scotland. Section 59 is brought into force on 1st December 2017 for the purpose of making orders under sections 33BC and 33BD of the 1986 Act and under sections 41A and 41B of the 1989 Act to come into force not earlier than 1st October 2018. This has the effect that the orders may come into force after the 30th September 2018 end date of the existing energy company obligation scheme. Section 59 of the 2016 Act is brought into force for remaining purposes on 1st October 2018.

Section 60 of the 2016 Act amends the Utilities Act 2000 (c.27) (“the 2000 Act”) to provide for the apportionment of overall carbon emissions reduction and home-heating cost reduction targets in energy company obligation schemes. Section 60 of the 2016 Act is brought into force on 1st December 2017 for the purpose of making orders under sections 103(2A) and (3A), and 103A(3A) and (4A), of the 2000 Act to come into force not earlier than 1st October 2018. Section 60 of the 2016 Act is brought into force for remaining purposes on 1st October 2018.

These commencement Regulations are the seventh Regulations to be made in respect of commencement of the 2016 Act.