Legislation – Planning and Infrastructure Act 2025

In Part 5 of the Energy Act 2023 (Independent System Operator and Planner), after section 165 insert—

“165AFunctions relating to network connections: duty to have regard to designated plans

(1)

The ISOP must, when carrying out any of its functions relating to the management of connections to the transmission system, have regard to the designated strategic plans.

(2)

The Secretary of State may by regulations designate plans or documents for the purposes of this section.

(3)

In subsection (1), the reference to “the designated strategic plans” is a reference to those plans or documents designated by regulations under subsection (2) as they have effect at the time when the regulations are made.”

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.”

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.”

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.”

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).”

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);”.

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;”.

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.”

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.”

After section 38 insert—

“Benefits resulting from proximity to new or upgraded transmission infrastructure

38APower to establish scheme for giving of benefits

(1)

The Secretary of State may by regulations establish a scheme under which persons with a specified connection to qualifying premises are entitled to financial benefits provided (directly or indirectly) by electricity suppliers.

(2)

Qualifying premises must be identified by reference to their proximity to qualifying works.

(3)

Qualifying works must involve the construction, erection, expansion or improvement of electrical plant or an electric line that (in either case)—

(a)

is wholly or partly above the ground, and

(b)

forms or is intended to form part of a transmission system.

They may be works that took place before the making of the regulations or the coming into force of this section.

(4)

The regulations may (among other things)—

(a)

make further provision determining, or for the determination of, whether premises or works are qualifying;

(b)

confer functions in connection with the scheme;

(c)

provide for the delegation of functions conferred in connection with the scheme;

(d)

provide for payments by electricity suppliers to meet costs incurred in the carrying out of functions in connection with the scheme;

(e)

provide for the costs of electricity suppliers under the scheme to be distributed among suppliers on such basis, and by such means, as the regulations provide;

(f)

restrict a person’s ability to obtain payment of an amount standing to the credit of the person’s account with an electricity supplier, where that amount derives from benefits under the scheme;

(g)

make provision about cases in which a person who has received benefits under the scheme in respect of premises ceases to be entitled under the scheme in respect of the premises, including provision for the withdrawal or recovery of the benefits;

(h)

make pass-through provision and associated provision (see section 38B);

(i)

make enforcement provision (see section 38C);

(j)

make information provision (see section 38D).

(5)

To the extent that this section enables provision to be made affecting the holders of licences, provision for that purpose may be made by modifying, or empowering or requiring the Authority to modify—

(a)

the conditions of a licence, or

(b)

a document maintained in accordance with the conditions of a licence, or an agreement that gives effect to a document so maintained.

(6)

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

(7)

A draft laid under subsection (6) is not to be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament.

(8)

Regulations under this section bind the Crown unless they provide otherwise.

(9)

The Secretary of State may, out of money provided by Parliament, make payments to a person on whom functions are conferred by regulations under this section for the purposes of meeting (or helping to meet) the expenses of carrying out those functions.

38BPassing of benefits to ultimate consumer

(1)

This section applies for the purposes of section 38A(4)(h).

(2)

“Pass-through provision” is provision that—

(a)

applies where—

(i)

one person (“the intermediary”) receives benefits under the scheme in connection with qualifying premises, and

(ii)

another person (“the end-user”) who is not living as part of the same household as the intermediary consumes electricity supplied to the premises, and

(b)

requires the intermediary to pass on the substance of those benefits to the end-user.

(3)

“Associated provision” means provision that relates to pass-through provision and—

(a)

requires intermediaries to take steps to obtain benefits that will be subject to the requirement referred to in subsection (2)(b),

(b)

requires intermediaries to supply information to end-users,

(c)

provides for the making of payments to intermediaries (in addition to the provision of benefits of the sort mentioned in section 38A(1)), or

(d)

provides for the withdrawal or recovery of benefits given or other payments made to intermediaries who fail to comply with the requirement referred to in subsection (2)(b).

(4)

For the purposes of subsection (2)(a)(ii), the cases in which electricity is consumed by a person include those in which the electricity is used to make available to the person heating, cooling, hot water or energy.

38CEnforcement of benefit scheme

(1)

In section 38A(4)(i), “enforcement provision” means—

(a)

provision for the enforcement in civil proceedings of requirements under the scheme,

(b)

provision for a person to impose a monetary penalty where the person is satisfied on the balance of probabilities that—

(i)

a requirement under the regulations has not been complied with, or

(ii)

benefits or other payments under the scheme have been wrongfully obtained, or

(c)

provision for complaints procedures, dispute resolution, adjudication, appeals or redress in connection with the scheme.

(2)

If regulations under section 38A provide for the imposition of monetary penalties, they must provide a right of appeal to a court or tribunal on grounds including both error of fact and error of law.

(3)

The provision that may be made by virtue of subsection (1)(c) includes provision for Part 2 of the Consumers, Estate Agents and Redress Act 2007 (complaints handling and redress schemes) to apply (with or without modifications) to end-user complaints as it applies to consumer complaints within the meaning of that Part.

(4)

In subsection (3), “end-user complaints” means complaints in connection with pass-through provision made by end-users against intermediaries or electricity suppliers (with the definitions in section 38B applying for the purposes of this subsection).

38DDisclosure and use of information in connection with benefit scheme

(1)

In section 38A(4)(j), “information provision” means provision within subsection (2) or (3).

(2)

Provision is within this subsection if it is provision for the disclosure of information or evidence for the purposes of—

(a)

identifying persons entitled to benefits under the scheme,

(b)

identifying qualifying premises or qualifying works,

(c)

checking whether requirements under, or resulting from, the regulations are being or have been complied with,

(d)

checking payments made under the scheme,

(e)

facilitating the performance of functions conferred, or the enforcement of duties imposed, by or as a result of the regulations, or

(f)

evaluating the performance of the scheme.

(3)

Provision is within this subsection if it is provision about the use or further disclosure of information disclosed—

(a)

further to provision within subsection (2), or

(b)

otherwise in connection with the scheme.

(4)

The provision that may be made by virtue of subsection (3) includes provision making it an offence to use or disclose information in an unauthorised manner; but such an offence may not be made punishable by imprisonment.

(5)

Regulations under section 38A that authorise the use or disclosure of information are not to be taken to authorise disclosure or use that would be liable to harm the commercial interests of any person, except to the extent that—

(a)

the regulations otherwise provide, or

(b)

the person disclosing or using the information reasonably considers such disclosure or use necessary in view of the purpose of the regulations.

(6)

Regulations under section 38A do not require or authorise the disclosure or use of information that—

(a)

contravenes the data protection legislation (but this section and the regulations are to be taken into account in determining whether the disclosure or use would contravene that legislation), or

(b)

is prohibited by any of Parts 1 to 7 and Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(7)

In subsection (6), “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).”

In section 106 (regulations and orders under the Act), in subsection (2ZA) (inserted by section 23(3)), after paragraph (a) insert—

“(b)

regulations under section 38A.”

In paragraph 6 of Schedule 6A (requirements enforceable against suppliers under section 25), before sub-paragraph (a) insert—

“(za)

any provision of regulations under section 38A that is designated in the regulations as a relevant provision for the purposes of this paragraph;”.