The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019

Renewable energy installations

5.—(1) The Scottish Ministers may, for the purposes of, and in connection with, the carrying out of the functions specified in paragraph (2)—

(a) promote, develop, construct and operate installations for or in connection with the generation, transmission, distribution and supply of electricity produced from renewable sources, and

(b) use electricity produced by virtue of the powers conferred by sub-paragraph (a).

(2) The functions are —

(a) the Scottish Ministers’ functions under section 44 of the Climate Change (Scotland) Act 2009 (duties of public bodies relating to climate change)(1),

(b) the Scottish Ministers’ functions under section 11 of the 2018 Act (management of forested land),

(c) the Scottish Ministers’ functions under section 15 of the 2018 Act (management of land further to sustainable development).

(3) In paragraph (1), “renewable sources” means sources other than—

(a) fossil fuel,

(b) energy derived from fossil fuel, and

(c) nuclear fuel.

(4) In paragraph (3), “fossil fuel” means—

(a) coal,

(b) lignite,

(c) peat,

(d) natural gas (within the meaning of the Energy Act 1976)(2),

(e) crude liquid petroleum,

(f) petroleum products (within the meaning of the Energy Act 1976), and

(g) any substance produced directly or indirectly from a substance mentioned in any of sub-paragraphs (a) to (f).

(5) Nothing in this article is to be construed as exempting the Scottish Ministers from the requirements of Part 1 of the Electricity Act 1989(3).

(1)

2009 asp 12.

(2)

1976 c.76.

(3)

1989 c.29.