[36B Duties in relation to navigation]
Electricity Act 1989 (1989 c 29) | Legislation

[36B  Duties in relation to navigation]

°Ú(1)ÌýÌýÌýÌý Neither the Secretary of State nor the Scottish Ministers may [The appropriate authority may not] grant a consent in relation to any particular offshore generating activities if he considers, or (as the case may be) they consider, [the appropriate authority considers] that interference with the use of recognised sea lanes essential to international navigation—

(a)     is likely to be caused by the carrying on of those activities; or

(b)     is likely to result from their having been carried on.

[(1A)     This section is subject to section 12 of the Marine and Coastal Access Act 2009 (which transfers certain functions of the Secretary of State to the Marine Management Organisation).]

(2)     It shall be the duty both of the Secretary of State and of the Scottish Ministers [of the appropriate authority], in determining—

(a)     whether to give a consent for any particular offshore generating activities, and

(b)     what conditions to include in such a consent,

to have regard

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