Subordinate Legislation Committee,

Meeting date: Tuesday, May 6, 2008

Official Report 109KB pdf

---

Legislative Consent Memorandum

---

Energy Bill

We come to item 3. Under rule 9B.3.6 of the standing orders, where the subject of a legislative consent memorandum contains provisions conferring on the Scottish ministers powers to make subordinate legislation, the Subordinate Legislation Committee will consider and may report to the lead committee on those provisions.

Are members content with the powers in clause 18, "Requirements relating to grant of licences" and clause 20, "Content of licences: regulations"?

Members indicated agreement.

Our legal advisers deemed the powers to be pretty reasonable.

On clause 26, "Inspectors", are members content to seek an explanation from the Scottish Government as to the necessity for the breadth of the power to confer enforcement powers rather than specifying what those might be in the bill, before we come to a view on whether the scope of the power is acceptable?

Members indicated agreement.

Are members also content to seek justification from the Scottish Government for the choice of negative procedure on this occasion?

Members indicated agreement.

Thank you. We will do our usual safety check on that.

On clause 29, "Abandonment of installations", which relates to section 39 of the Petroleum Act 1998, are members content to ask the Scottish Government for an explanation for the use of negative procedure, before we reach a view on whether the power is appropriate?

Members indicated agreement.

On clause 30, "Termination of licence: regulations", do we wish to seek an explanation from the Scottish Government to justify the scope of the power and the use of the negative procedure, before we take a final view on whether the power is acceptable?

Members indicated agreement.

That takes us to clause 33, "Power of Secretary of State to transfer functions", which relates to the power to modify the application of section 188 of the Energy Act 2004 to carbon storage and the power to impose charges to fund energy functions. Are members content to seek an explanation from the Scottish Government as to why the power to modify the application of section 188 of the Energy Act 2004 should be subject to negative procedure, before we come to a view as to whether the level of parliamentary scrutiny applicable to the exercise of the power is appropriate?

Members indicated agreement.

Are members content with the powers in clause 88, "Subordinate legislation" and clause 91, "Minor and consequential amendments"?

Members indicated agreement.

On clause 93, "Transitional provision etc", are members content to seek clarification from the Scottish Government as to whether it is intended that such powers be subject to the affirmative procedure, following the model of the powers available to the secretary of state and, if not, for justification of that approach before the committee reaches a view on the power?

Members indicated agreement.

On clause 94, "Commencement", are members content to seek an explanation from the Scottish Government as to why the power to commence the provisions rests with the secretary of state?

Members indicated agreement.

We will consider the responses to our questions in two weeks' time.