Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2025

Lord Bruce of Bennachie Excerpts

Tuesday 10th December 2024 Lords Chamber

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, I am grateful for the opportunity to debate this order, which is a result of collaborative working between the UK and Scottish Governments. This order comes following 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. This transfer of functions reinstates powers lost by Scottish Ministers upon repeal of the European Communities Act 1972. The order before us today will be made under Section 63 of the Scotland Act 1998, which provides

“for any functions, so far as they are exercisable by a Minister of the Crown in or as regards Scotland, to be exercisable … by the Scottish Ministers concurrently with the Minister of the Crown”.

This Scotland Act order is a demonstration of devolution in action.

The UK operated a system of environmental impact assessments in reliance on 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.

The power to make environmental impact assessment regulations was lost upon repeal of the European Communities Act 1972. In 2023 the then UK Government took powers in the Levelling-up and Regeneration Act to make environmental outcomes report regulations intended to replace environmental impact assessment regulations. This instrument transfers functions to Scottish Ministers to make regulations under Chapter 1 of Part 3, “Planning data”, and Part 6, “Environmental outcomes reports”, of the Levelling-up and Regeneration Act 2023 and related ancillary functions.

In relation to the assessment of the effects on the environment in connection with applications for consent, approval or variation of consent for electricity generating stations under Sections 36 and 36C of the Electricity Act 1989, and associated overhead line infrastructure under Section 37 of that Act, these functions will be exercisable concurrently with the Secretary of State. Before the Scottish Ministers seek to exercise functions by virtue of this order, they will be required to consult with the Secretary of State.

This order reflects a commitment made to the Scottish Government during the passage of the Levelling-up and Regeneration Act 2023. I am pleased that the UK Government are working to address this matter, and I hope noble Lords across the House will support this SI.

[Lord Bruce of Bennachie (LD)]

My Lords, I thank the Minister for her explanation of the SI. Obviously, timing is significant as the Government are committed to ramping up the drive to net zero. We have to acknowledge that these powers are also necessary. Plans for large onshore facilities to receive electricity from offshore wind farms are already proving controversial on the ground in Scotland. Similarly, requirements for major new pylon routes to deliver the electricity south are also attracting objections. These are issues that people are engaged with, and they need to how they can be resolved and where the responsibility lies.