16:30 Martin McCluskey (Labour)

It is a pleasure to serve under your chairmanship, Mr Vickers. I am grateful for the opportunity to debate this order today. It is the result of collaborative working between the UK and Scottish Governments. The order follows agreement by the previous Government to transfer to Scottish Ministers the function of making environmental outcomes report regulations—replacing environmental impact assessments—in respect of electricity works consenting in Scotland and the Scottish part of the renewable energy zone, so that the power will be held concurrently with the Secretary of State for Energy Security and Net Zero. The transfer of functions reinstates powers lost by Scottish Ministers on repeal of the European Communities Act 1972.

By way of background, the UK operated a system of environmental impact assessment as a result of powers conferred by the European Communities Act 1972. The function of making environmental impact assessment regulations in respect of electricity works consenting in Scotland had been transferred to the Scottish Ministers, concurrently with the Secretary of State, in 1999. Following the designation of the Scottish part of the renewable energy zone, the extent of the Scottish Ministers electricity consent functions was extended to the Scottish part of the renewable energy zone. Subsequently, the Scottish Ministers’ associated EIA regulation-making powers were also extended to the Scottish part of the REZ.

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