Part 2Legislative and executive competence: further provision
Planning for electricity generating stations
I140Generating stations and public rights of navigation
1
Section 36A of the Electricity Act 1989 (declarations extinguishing etc public rights of navigation) is amended as set out in subsections (2) to (5).
2
In subsection (1)—
a
for ““the Secretary of State or the Scottish Ministers”” substitute “
the appropriate authority
”
;
b
for ““he or (as the case may be) they”” substitute “
the appropriate authority
”
.
3
In subsection (2), for ““The Secretary of State or the Scottish Ministers”” substitute “
The appropriate authority
”
.
4
In subsection (6)—
a
for ““the Secretary of State or the Scottish Ministers”” substitute “
the appropriate authority
”
;
b
for ““him or them””, in both places, substitute “
the appropriate authority
”
.
5
In subsection (7), after ““In this section—”” insert—
“"appropriate authority”” has the same meaning as in section 36;
6
Section 36B of that Act (duties in relation to navigation) is amended as set out in subsections (7) to (10).
7
In subsection (1)—
a
for ““Neither the Secretary of State nor the Scottish Ministers may”” substitute “
The appropriate authority may not
”
;
b
for ““he considers, or (as they case may be) they consider,”” substitute “
the appropriate authority considers
”
.
8
In subsection (2), for ““both of the Secretary of State and of the Scottish Ministers”” substitute “
of the appropriate authority
”
.
9
In subsection (3), for ““the Secretary of State or (as the case may be) the Scottish Ministers”” substitute “
the appropriate authority
”
.
10
In subsection (4)(a), for ““the Secretary of State and the Scottish Minister have exercised or will exercise their powers”” substitute “
the appropriate authority has exercised or will exercise its powers
”
.
11
Section 100 of the Energy Act 2004 (further provision relating to public rights of navigation) is amended as set out in subsections (12) to (14).
12
In subsection (1) omit ““the consenting authority””.
13
In subsections (3), (6) and (7), for ““the consenting authority”” substitute “
the appropriate authority
”
.
14
In subsection (8), after ““In this section—”” insert—
“"appropriate authority”” has the same meaning as in section 36 of the Electricity Act 1989;