Clause 86 - Application of criminal law to renewable energy installations
Energy Bill [Lords]
3:15 pm
Mrs Anne McIntosh (Shadow Minister, Environment & Transport; Vale of York, Conservative)
I have a brief query for the Minister, and it is similar to a point raised earlier. The Order in Council may provide that a constable is allowed to extend and apply criminal law to the renewable energy installation. Subsection (7) says that
'''subordinate legislation' includes an instrument made under an Act of the Scottish Parliament.''
My question is simple. If such an instrument made under an Act of the Scottish Parliament conflicted with an Order in Council, who would have the last word? Would it be the Secretary of State for Trade and Industry, the Secretary of State for Scotland or the Scottish Parliament?
There is a separate system of criminal law under Scots law. Will that remain devolved under the provisions of part VI? We are told in the explanatory note—