Subordinate Legislation Committee,

Meeting date: Monday, May 19, 2008

Official Report 90KB pdf

---

Legislative Consent Memorandum

---

Energy Bill

I welcome everyone to the 17th meeting of the Subordinate Legislation Committee this year. We have received apologies from Jackson Carlaw and Jackie Baillie. I ask everybody to turn off any mobile phones or BlackBerrys that they have with them.

Item 1 is on the legislative consent memorandum for the Energy Bill. We wrote to the Government about some issues in relation to the LCM, and we have seen the responses concerning clause 27, "Inspectors"; clause 30, "Abandonment of installations", which concerns the application of section 39 of the Petroleum Act 1998 to carbon storage; and clause 31, "Termination of licence: regulations". Are members content with the powers?

Members indicated agreement.

Clause 34 confers a power on the Scottish ministers to transfer functions and modify the application of section 188 of the Energy Act 2004, referring to the application of that section to carbon storage and the

"power to impose charges to fund energy functions".

Are we content with the power? Given the possible financial implications of its exercise, are we content to draw it to the attention of the lead committee?

Members indicated agreement.

The commencement power in clause 99 has not been conferred on the Scottish ministers. Therefore, the committee is not required to report on it. However, do we wish to draw to the attention of the lead committee the fact that the Scottish ministers will not have any formal role in the commencement of the provisions in or as regards Scotland?

Members indicated agreement.