Renewable electricity incentive schemes: consultation

1 The Secretary of State must consult the Scottish Ministers before— a establishing a renewable electricity incentive scheme that applies in Scotland, or b amending such a scheme as it relates to Scotland. 2 Subsection (1) does not apply to amendments that appear to the Secretary of State to be minor or made only for technical or administrative reasons; and the Secretary of State is not to be taken to establish or amend a scheme by exercising a power under a scheme, other than a power that is exercisable subject to any parliamentary procedure. 3 Subsection (1) does not require the Secretary of State to consult the Scottish Ministers about any levy in connection with a renewable electricity incentive scheme. 4 In this section a “ renewable electricity incentive scheme ” means any scheme, whether statutory or otherwise, that provides an incentive to generate, or facilitate the generation of, electricity from sources of energy other than fossil fuel or nuclear fuel. This includes provision made by or under the following so far as they relate to the generation of electricity from sources of energy other than fossil fuel or nuclear fuel— a sections 6 to 26 of the Energy Act 2013 (contracts for difference); b sections 41 to 43 of the Energy Act 2008 (feed-in tariffs for small-scale generation of electricity); c sections 32 to 32Z2 of the Electricity Act 1989 (renewables obligations or certificate purchase obligations). 5 Where, before the commencement of this section, the Secretary of State has consulted, or is consulting, the Scottish Ministers regarding a renewable electricity incentive scheme, that consultation is to be treated as fulfilling the obligation in subsection (1).