The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2025
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2 Functions to be treated as being exercisable in or as regards Scotland
(1) The functions to which paragraph (2) applies are, for the purposes of section 63 of the Scotland Act 1998 (power to transfer functions), to be treated as being functions which are exercisable in or as regards Scotland. (2) This paragraph applies to the functions of making regulations that are conferred on the Secretary of State by Part 6 of the 2023 Act (environmental outcomes reports), so far as they are exercisable by the Secretary of State in relation to the assessment of the effects on the environment in connection with— (a) applications for consent under section 36 of the 1989 Act for the construction, extension or operation of a generating station in the Scottish REZ area (including any application for approval, consent or agreement required by virtue of a condition included in the grant of such a consent), or (b) applications for the variation, under section 36C of the 1989 Act, of a consent described in sub-paragraph (a). (3) But paragraph (2) does not apply to the making of provision within section 159(2) of the 2023 Act (power to provide exemptions for national defence and civil emergency etc).
2 Functions to be treated as being exercisable in or as regards Scotland
(1) The functions to which paragraph (2) applies are, for the purposes of section 63 of the Scotland Act 1998 (power to transfer functions), to be treated as being functions which are exercisable in or as regards Scotland. (2) This paragraph applies to the functions of making regulations that are conferred on the Secretary of State by Part 6 of the 2023 Act (environmental outcomes reports), so far as they are exercisable by the Secretary of State in relation to the assessment of the effects on the environment in connection with— (a) applications for consent under section 36 of the 1989 Act for the construction, extension or operation of a generating station in the Scottish REZ area (including any application for approval, consent or agreement required by virtue of a condition included in the grant of such a consent), or (b) applications for the variation, under section 36C of the 1989 Act, of a consent described in sub-paragraph (a). (3) But paragraph (2) does not apply to the making of provision within section 159(2) of the 2023 Act (power to provide exemptions for national defence and civil emergency etc).
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