Legislation – Planning and Infrastructure Act 2025

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Part 1Infrastructure

Chapter 2Electricity infrastructure

Consents for electricity infrastructure in Scotland

19Consents for generating stations and overhead lines: applications

(1)

Schedule 8 to the Electricity Act 1989 (consents of the Secretary of State and the Scottish Ministers under sections 36 and 37) is amended as follows.

(2)

After paragraph 1 insert—

“Applications made to the Scottish Ministers for consent

1A

(1)

The Secretary of State or the Scottish Ministers may by regulations make provision about the following matters in relation to applications to the Scottish Ministers for consent under section 36 or 37.

(2)

The matters are—

(a)

the steps a person must take before making an application;

(b)

the information that must be included in an application;

(c)

an acceptance stage, during which the Scottish Ministers must assess an applicant’s compliance with any requirements imposed by the regulations in order to decide whether or not to accept the application;

(d)

fees to be paid to the Scottish Ministers—

(i)

on application, or

(ii)

for anything done by them in relation to a proposed application;

(e)

requests by the Scottish Ministers for additional information to aid their decision whether or not to accept an application or to grant consent.

(3)

The steps that may be the subject of provision made by virtue of sub-paragraph (2)(a) include—

(a)

notifying prescribed persons of the proposed application,

(b)

publicising the proposed application, and

(c)

carrying out a consultation about the proposed application.”

(3)

In paragraph 2 (objections by relevant planning authority)—

(a)

in sub-paragraph (1), for “Secretary of State for his” substitute “appropriate authority for a”;

(b)

in sub-paragraph (2), at the beginning insert “In the case of an application made to the Secretary of State,”;

(c)

after sub-paragraph (2) insert—

“(2A)

In the case of an application made to the Scottish Ministers, where the relevant planning authority notify the Scottish Ministers that they object to the application and their objection is not withdrawn, the Scottish Ministers—

(a)

must appoint a person (referred to in this Schedule as the “reporter”) to examine the application, and

(b)

before determining whether to give their consent, must consider the objection and the reporter’s final report.

See paragraph 2A for the process that must be followed by the reporter.”;

(d)

in sub-paragraph (4)—

(i)

after “(2)” insert “or (2A)”;

(ii)

for “Secretary of State” substitute “appropriate authority”;

(e)

in sub-paragraph (5), for “Secretary of State” substitute “appropriate authority”.

(4)

After paragraph 2 insert—

“Procedure following objection by relevant planning authority: Scotland

2A

(1)

A reporter appointed under paragraph 2(2A)(a) must make proposals as regards the appropriate procedure for examining the application.

(2)

The appropriate procedure may consist of one or more of the following—

(a)

considering—

(i)

the objection by the relevant planning authority,

(ii)

any other objections made in accordance with regulations under paragraph 3(1)(c), and

(iii)

any other representations made in accordance with an enactment;

(b)

considering new written representations about the application from persons specified by the reporter;

(c)

holding one or more hearing sessions;

(d)

carrying out an inspection of the land to which the application relates;

(e)

holding a public inquiry.

(3)

Where the reporter proposes a procedure that includes proceedings within sub-paragraph (2)(b), (c) or (e), the proposal must include a statement of the issues that are proposed to be within the scope of each of those proceedings.

(4)

The reporter must—

(a)

publish the proposals,

(b)

notify all interested parties of the proposals, and

(c)

invite written representations about the proposals before the end of the time period specified by the reporter.

(5)

The published proposals must include or be accompanied by an explanation of the reasons for the proposals.

(6)

The reporter may hold a meeting to hear representations about the proposals.

(7)

After considering the representations, the reporter must—

(a)

decide on the appropriate procedure for examining the application, and

(b)

publish that decision.

(8)

The published decision must include or be accompanied by an explanation of—

(a)

the reasons for the decision,

(b)

the intended time period for the carrying out of the procedure, and

(c)

the intended time period within which the reporter will send a final report to the Scottish Ministers.

(9)

Sub-paragraph (3) applies to the reporter’s decision as it applies to the reporter’s proposals.

(10)

On completing the examination, the reporter must prepare and send to the Scottish Ministers a final report setting out the reporter’s recommendations on the application.

(11)

In this paragraph, “interested party” means—

(a)

the applicant,

(b)

the relevant planning authority which made the objection under paragraph 2(2A),

(c)

any person who has made an objection in accordance with regulations under paragraph 3, or

(d)

any person who has made representations in accordance with any other enactment.

(12)

The Secretary of State or the Scottish Ministers may by regulations make provision amending or setting out further detail about the procedure set out in this paragraph. (See also paragraph 7B(2)(e).)

(13)

A statutory instrument containing regulations under this paragraph is not to be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(14)

Regulations made by the Scottish Ministers under this paragraph are subject to the affirmative procedure.”

(5)

After paragraph 7A insert—

“Applications to the Scottish Ministers: time limits

7B

(1)

The Secretary of State or the Scottish Ministers may by regulations specify a time limit for actions that may or must be taken in relation to an application to the Scottish Ministers for consent under section 36 or 37.

(2)

The regulations may, for example, specify a time limit for—

(a)

a person to comply with a requirement of regulations under paragraph 1A;

(b)

a person to respond to a pre-application consultation (see paragraph 1A(3)(c));

(c)

a person who is notified of an application in accordance with an enactment to provide their opinion or advice on the application;

(d)

a relevant planning authority to object to an application under paragraph 2(2A);

(e)

a reporter to take any steps required by paragraph 2A;

(f)

the Scottish Ministers to decide an application.

(3)

The regulations may include provision about the consequences of failure to comply with a time limit.

(4)

Where regulations under this paragraph specify a time limit for the completion of an acceptance stage (see paragraph 1A(2)(c)), the regulations may not permit the extension of that limit.”

(6)

The amendments made by subsection (3) do not affect the continued application in relation to the Scottish Ministers of regulations made under paragraph 2(3) of Schedule 8 to the Electricity Act 1989 before this section comes into force.

20Variation of consents etc

After section 37 of the Electricity Act 1989 insert—

“37AApplication for variation of section 37 consent: Scotland

(1)

The person for the time being entitled to the benefit of a section 37 consent that was granted by the Scottish Ministers may make an application to the Scottish Ministers for the consent to be varied.

(2)

The Secretary of State or the Scottish Ministers may by regulations make provision about variation under this section, including in particular provision about—

(a)

the making and withdrawal of applications;

(b)

fees;

(c)

publicity and consultation requirements;

(d)

rights to make representations;

(e)

public inquiries;

(f)

consideration of applications.

(3)

The regulations may provide for any statutory provision applicable to the grant by the Scottish Ministers of a section 37 consent to apply with specified modifications to the variation of a section 37 consent under this section.

(4)

On an application for a section 37 consent to be varied, the Scottish Ministers may make such variations to the consent as appear to them to be appropriate, having regard (in particular) to—

(a)

the applicant’s reason for seeking the variation;

(b)

the variations proposed;

(c)

any objections made to the proposed variations, the views of consultees and the outcome of any public inquiry.

(5)

In this section—

“section 37 consent” means a consent granted under section 37 (consent required for overhead lines);

“statutory provision” means a provision of or made under an Act, whenever passed or made; and for this purpose “Act” includes an Act of the Scottish Parliament.

37BVariation of section 36 and 37 consents on change of circumstances: Scotland

(1)

The Scottish Ministers may vary a consent under section 36 or 37 if—

(a)

they consider that the consent ought to be varied—

(i)

because of a change in circumstances relating to the environment, or

(ii)

because of technological changes, and

(b)

the person for the time being entitled to the benefit of the consent agrees to the variation.

(2)

The Secretary of State or the Scottish Ministers may by regulations make provision about variation under this section, including in particular provision about—

(a)

the procedure for getting agreement;

(b)

publicity, notification and consultation requirements;

(c)

rights to make representations.

(3)

The regulations may provide for any statutory provision applicable to the grant by the Scottish Ministers of a consent under section 36 or 37 to apply with specified modifications to the variation of such a consent under this section.

(4)

In this section, “statutory provision” has the same meaning as in section 37A.

37CCorrection of errors in consent documents: Scotland

(1)

The Scottish Ministers may amend a decision document in order to correct a correctable error.

(2)

In subsection (1)—

“correctable error” means an error or omission which—

(a)

is in a part of the decision document which records the decision, and

(b)

is not part of the statement of reasons for the decision;

“decision document” means—

(a)

a document recording a consent under section 36 or 37, or

(b)

a document recording a variation of such a consent.

(3)

The Scottish Ministers may exercise the power in subsection (1) either of their own accord or following a written request from a person for the time being entitled to the benefit of the consent.

(4)

The Secretary of State or the Scottish Ministers may by regulations make provision about the process for corrections, including in particular provision about—

(a)

the making of written requests;

(b)

notification requirements;

(c)

rights to make representations.”

21Proceedings for questioning certain decisions on consents

(1)

Section 36D of the Electricity Act 1989 (proceedings for questioning certain decisions under section 36) is amended as set out in subsections (2) to (4).

(2)

For subsection (3) substitute—

“(3)

This section applies to a decision under any of the following—

(a)

section 36 (application for consent for generating station);

(b)

section 36C (application for variation of section 36 consent);

(c)

section 37 (application for consent for overhead lines);

(d)

section 37A (application for variation of section 37 consent);

(e)

section 37B (variation of consents by Scottish Ministers);

(f)

section 37C (consents and variation of consents in Scotland: correction of errors).”

(3)

In subsection (4), for “taken” substitute “published by the Scottish Ministers”.

(4)

In the heading, for “under section 36” substitute “of the Scottish Ministers”.

(5)

In Schedule 8 to the Electricity Act 1989, in paragraph 5B (proceedings for questioning certain decisions under paragraph 3(2)), in sub-paragraph (4), for “taken” substitute “published by the Scottish Ministers”.

(6)

In section 237 of the Town and Country Planning (Scotland) Act 1997 (challenges to validity of development plans and certain orders, decisions and directions), in subsection (3), after paragraph (b) insert—

“(ba)

any decision to give a direction under section 57(2) or (2ZA);”.

(7)

The amendments made by this section apply only in relation to decisions made on or after the date on which this section comes into force.

22Applications for necessary wayleaves: fees

In Schedule 4 to the Electricity Act 1989 (other powers etc of licence holders), after paragraph 6 insert—

“Fees for applications under paragraph 6(3) to the Scottish Ministers

6A

The Scottish Ministers may by regulations make provision about the fees to be paid to the Scottish Ministers in relation to an application made to them under paragraph 6(3).”

23Regulations

(1)

Section 106 of the Electricity Act 1989 (regulations and orders) is amended as follows.

(2)

In subsection (1ZA)—

(a)

for “the power conferred on” substitute “a power of”;

(b)

for “by section 36C” substitute “to make regulations (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (Scottish statutory instruments))”.

(3)

After subsection (2) insert—

“(2ZA)

Subsection (2) does not apply to a statutory instrument containing (whether alone or with other provision)—

(a)

regulations under paragraph 2A of Schedule 8;”.

(4)

In subsection (3), for the words after “under” substitute “—

(a)

section 36C,

(b)

section 37A,

(c)

section 37B,

(d)

section 37C,

(e)

paragraph 6A of Schedule 4, or

(f)

any paragraph of Schedule 8 except paragraph 2A,

are subject to the negative procedure.”

(5)

At the end insert—

“(4)

Before making regulations under a provision listed in subsection (6), the Secretary of State must consult the Scottish Ministers.

(5)

Before making regulations under a provision listed in subsection (6), the Scottish Ministers must consult the Secretary of State.

(6)

The provisions are—

(a)

section 37A;

(b)

section 37B;

(c)

section 37C;

(d)

paragraphs 1A, 2A and 7B of Schedule 8.”

24Sections 19 to 23: minor and consequential amendments

Schedule 1 makes—

(a)

amendments to the Electricity Act 1989 that are consequential on the amendments made by sections 19 to 23, and

(b)

other minor amendments relating to consents for electricity infrastructure in Scotland (including amendments to reflect previous transfers of functions to the Scottish Ministers).

25Environmental impact assessments for electricity works

(1)

The Secretary of State or the Scottish Ministers may by regulations amend the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/101) (the “2017 Regulations”) by making provision described in subsection (2) in connection with environmental impact assessments and applications made to the Scottish Ministers for—

(a)

consent granted under section 36 or 37 of the Electricity Act 1989 (consent for construction etc of generating stations or for overhead lines), or

(b)

variation of consent granted under section 36 of that Act.

(2)

That provision is—

(a)

provision for the Scottish Ministers to refuse an application in respect of Schedule 2 development that is not accompanied by an EIA report if the development has not been the subject of a screening opinion;

(b)

provision for the Scottish Ministers to charge developers fees for screening opinions and scoping opinions;

(c)

provision about the sending of copies of EIA reports to the Scottish Ministers;

(d)

provision about the publication by developers of the information listed in regulation 14(2) of the 2017 Regulations (information about EIA reports);

(e)

provision about making EIA reports available for inspection;

(f)

provision about time limits for the consultation bodies and other public bodies to make representations to the Scottish Ministers about scoping opinions and EIA reports;

(g)

provision about time limits for the consultation bodies and other public bodies to enter into consultation with developers about, and to make available, information relevant to the preparation of EIA reports;

(h)

provision about time limits for developers to provide additional information to the Scottish Ministers;

(i)

provision about the publication by developers of the information listed in regulation 20(3) of the 2017 Regulations (information about additional information);

(j)

provision about making additional information available for inspection;

(k)

provision about the publication by developers of the information listed in regulation 23(2) of the 2017 Regulations (information about decisions);

(l)

provision that the Secretary of State or the Scottish Ministers consider appropriate for securing that the procedures under the 2017 Regulations operate effectively, or more effectively, alongside the procedures under regulations made under section 36C of the Electricity Act 1989 or paragraph 1A or 7B of Schedule 8 to that Act (inserted by section 19 of this Act).

(3)

The Secretary of State or the Scottish Ministers may by regulations amend the 2017 Regulations by making provision described in subsection (4) in connection with environmental impact assessments and applications made to the Scottish Ministers for variation of consent granted under section 37 of the Electricity Act 1989.

(4)

That provision is—

(a)

provision requiring an environmental impact assessment in respect of the proposed variation to be carried out before Scottish Ministers—

(i)

vary the consent, or

(ii)

direct that planning permission is deemed to be granted under section 57(2) or (2ZA) of the Town and Country Planning (Scotland) Act 1997 in respect of EIA development;

(b)

provision requiring the Scottish Ministers to take the environmental information into account when carrying out an environmental impact assessment in respect of the proposed variation;

(c)

provision applying provisions of the 2017 Regulations (including provisions amended by regulations under subsection (1)), with or without modifications;

(d)

provision that the Secretary of State or the Scottish Ministers consider appropriate for securing that the procedures under the 2017 Regulations operate effectively, or more effectively, alongside the procedures under regulations made under section 37A of the Electricity Act 1989 (inserted by section 20 of this Act).

(5)

Regulations under this section may—

(a)

make different provision for different purposes or different areas;

(b)

make consequential or supplementary provision;

(c)

make transitional provision.

(6)

Regulations under this section made by the Secretary of State are to be made by statutory instrument.

(7)

A statutory instrument containing regulations made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)

Before making regulations under this section, the Secretary of State must consult the Scottish Ministers.

(9)

For regulations under this section made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

(10)

Regulations made by the Scottish Ministers under this section are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(11)

Before making regulations under this section, the Scottish Ministers must consult the Secretary of State.

(12)

In this section, subject to subsection (13), the following terms have the same meaning as they have in the 2017 Regulations—

“additional information”

“the consultation bodies”

“developer”

“EIA development”

“EIA report”

“environmental impact assessment”

“environmental information”

“Schedule 2 development”

“scoping opinion”

“screening opinion”.

(13)

In subsections (3) and (4), those terms have the same meaning in connection with applications for variation of consent granted under section 37 of the Electricity Act 1989 as they have, in the 2017 Regulations, in connection with applications for variation of consent granted under section 36 of that Act.