Legislation – Planning and Infrastructure Act 2025

“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.”