The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2025
The Order transfers specific environmental assessment and planning data functions from the UK Secretary of State to Scottish Ministers, granting them concurrent powers over renewable energy projects.
It enables Scottish Ministers to make regulations regarding environmental outcomes reports and planning data for generating stations in Scotland and the Scottish Renewable Energy Zone, while requiring consultation with the Secretary of State.
The Order extends existing devolved powers to include offshore renewable energy developments and maintains coordination between UK and Scottish authorities.
Arguments For
Enhances Scottish autonomy over renewable energy development by giving Scottish Ministers concurrent powers over environmental assessments and planning data for energy projects in Scottish territories and waters
Streamlines the approval process for renewable energy projects by allowing Scottish Ministers to directly handle environmental assessments without requiring separate UK government involvement
Aligns with broader devolution principles by transferring relevant powers to Scottish authorities while maintaining coordination through required consultation with the Secretary of State
Supports Scotland's renewable energy goals by providing more direct control over the environmental assessment process for both onshore and offshore generating stations
Arguments Against
Introduces potential complexity in having concurrent powers between UK and Scottish authorities, which could lead to inconsistent approaches or confusion for applicants
Requires additional coordination and consultation between Scottish Ministers and the Secretary of State, potentially adding administrative burden
May create challenges in maintaining consistent environmental assessment standards across UK territories with different authorities having concurrent powers
Could complicate cross-border infrastructure projects that span both Scottish and English territories
Made - - - - 5th February 2025 Coming into force in accordance with article 1 At the Court at Buckingham Palace, the 5th day of February 2025 Present, The King's Most Excellent Majesty in Council
This Order is made by His Majesty in Council in exercise of the powers conferred upon Him by sections 30, 63(b) and , and 113 and of the Scotland Act 1998.
In accordance with paragraphs 1 and 2 of Schedule 7 to that Act, a draft of this Order has been-
- (a) laid before and approved by a resolution of each House of Parliament; and
- (b) laid before and approved by a resolution of the Scottish Parliament.
The Order was officially made at Buckingham Palace on February 5, 2025, under the authority of the King and the Scotland Act 1998.
The legal basis comes from specific sections of the Scotland Act that allow for transfer of powers.
Both the UK Parliament and Scottish Parliament approved the Order before it was finalized, following required legislative procedures.
Citation, commencement, extent and interpretation
-
- This Order may be cited as the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2025 and comes into force on the day after the day on which it is made.
This Order extends to England and Wales, Scotland and Northern Ireland.
In this Order- 'the 1989 Act' means the Electricity Act 1989; 1998 c. 46. 'the 2023 Act' means the Levelling-up and Regeneration Act 2023; 'the Scottish REZ area' means the area designated by the Renewable Energy Zone (Designation of Area) (Scottish Ministers) Order 2005 as the area in relation to which the Scottish Ministers are to have functions.
The Order takes effect the day after its creation and applies across all UK nations.
Key terms are defined, including references to the Electricity Act 1989, the Levelling-up and Regeneration Act 2023, and the Scottish Renewable Energy Zone (REZ) area designated in 2005.
Functions to be treated as being exercisable in or as regards Scotland
The functions to which paragraph applies are, for the purposes of section 63 of the Scotland Act 1998 (power to transfer functions), to be treated as being functions which are exercisable in or as regards Scotland.
This paragraph applies to the functions of making regulations that are conferred on the Secretary of State by Part 6 of the 2023 Act (environmental outcomes reports), so far as they are exercisable by the Secretary of State in relation to the assessment of the effects on the environment in connection with-
(a) applications for consent under section 36 of the 1989 Act for the construction, extension or operation of a generating station in the Scottish REZ area (including any application for approval, consent or agreement required by virtue of a condition included in the grant of such a consent), or
(b) applications for the variation, under section 36C of the 1989 Act, of a consent described in sub-paragraph (a).
But paragraph does not apply to the making of provision within section 159 of the 2023 Act (power to provide exemptions for national defence and civil emergency etc).
Powers related to environmental assessment regulations for renewable energy projects in Scottish waters are now considered Scottish functions.
These include approving new generating stations and modifications to existing ones in the Scottish REZ area.
However, exemptions for national defense and civil emergencies remain under UK control.
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