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<p>My right hon. Friend the Secretary of State has certain obligations under section
61 of the Scotland Act 2016 to consult Scottish Ministers, as well as a statutory
duty to consult Scottish Ministers before making regulatory changes under section
24 of the Energy Act 2013.</p><p>However, the announcements made on 9 November did
not fall within the scope of the obligation as they related to matters falling within
stated exceptions to that obligation, or are subject to consultation now with Scottish
Ministers. On 9 November 2016 the Department published further details of the strike
prices for the second Contracts for Difference (CFD) Allocation Round:</p><ul><li>The
budget (including lapse of the minima and application of a maxima, strike prices and
the strike price methodology) is an exercise of a statutory power under the CFD scheme
and not subject to any Parliamentary procedure and thus falls within the exception
to consult in section 90C(2) Scotland Act 1998, as inserted by section 61 Scotland
Act 2016: the strike price methodology used had already been agreed for the first
CFD round and officials shared a number of technical details with Scottish Government
officials ahead of the announcement;</li><li>We announced a consultation on non-mainland
GB onshore wind projects and will be actively seeking the views of Scottish Government
as part of the consultation exercise; and</li><li>We further announced a call for
evidence on fuelled technologies and again will be seeking the views of Scottish Government.</li></ul>
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