Legislation – Planning and Infrastructure Act 2025

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Schedules

Schedule 1Minor and consequential amendments to the Electricity Act 1989

Section 24

1

Part 1 of the Electricity Act 1989 (electricity supply) is amended as follows.

2 (1)

Section 36 (consent required for construction etc of generating stations) is amended as follows.

(2)

In subsection (3), for “Secretary of State” substitute “appropriate authority”.

(3)

In subsection (5A)—

(a)

for “the Water Environment (Controlled Activities) (Scotland) Regulations 2005” substitute “the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209)”;

(b)

for “Secretary of State” substitute “Scottish Ministers”.

(4)

After subsection (5A) insert—

“(5AA)

If regulations under paragraph 7B of Schedule 8 specify a time by which the Scottish Environment Protection Agency must give advice under subsection (5A), the duty on the Scottish Ministers to have regard to the advice does not apply in relation to any advice given after the time specified.”

(5)

In subsection (5B), for “the Water Environment (Controlled Activities) (Scotland) Regulations 2005” substitute “the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209)”.

3 (1)

Section 36B (duties in relation to navigation) is amended as follows.

(2)

In subsection (4)(b)—

(a)

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

(b)

for “his” substitute “its”.

(3)

In subsection (7), before the definition of “consent” insert—

““appropriate authority” has the same meaning as in section 36;”.

4

In section 36C, for the heading substitute “Application for variation of section 36 consent”.

5 (1)

Section 37 (consent required for overhead lines) is amended as follows.

(2)

In subsection (1), for “Secretary of State” substitute “appropriate authority”.

(3)

In subsection (3)—

(a)

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

(b)

in paragraph (b), at the beginning insert “in the case of a consent granted by the Secretary of State,”;

(c)

after paragraph (b) (but before the “and”) insert—

“(ba)

in the case of a consent granted by the Scottish Ministers, may be revoked by the Scottish Ministers at any time after the end of such period as may be specified in the consent (see sections 37A to 37C as regards the variation of consents granted by the Scottish Ministers);”;

(d)

in paragraph (c), for “paragraph (b)” substitute “paragraphs (b) and (ba)”.

(4)

At the end insert—

“(6)

In this section “appropriate authority” means—

(a)

the Scottish Ministers, in relation to an electric line installed above land in Scotland;

(b)

the Secretary of State in all other cases.”

6

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.

7

In paragraph 1 (applications for consent)—

(a)

in sub-paragraph (1), after “An application” insert “that is made to the Secretary of State”;

(b)

in sub-paragraph (2), after “application” insert “that is made to the Secretary of State”;

(c)

in sub-paragraph (3), after “applications” insert “that are made to the Secretary of State”;

(d)

in the heading, after “Applications” insert “made to the Secretary of State”.

8 (1)

Paragraph 3 (objections by other persons) is amended as follows.

(2)

In sub-paragraph (1)—

(a)

for “Secretary of State”, in each place it occurs, substitute “appropriate authority”;

(b)

in the words after paragraph (d), for “he” substitute “the appropriate authority”.

(3)

In sub-paragraph (2)—

(a)

for paragraph (a) (but not including the “but”) substitute—

“(a)

a public inquiry is not required by virtue of paragraph 2(2) or 2A;”;

(b)

in paragraph (b), for “Secretary of State” substitute “appropriate authority”;

(c)

in the words after paragraph (b)—

(i)

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

(ii)

for “he” substitute “the appropriate authority”.

9 (1)

Paragraph 4 (public inquiries) is amended as follows.

(2)

In sub-paragraph (1), in the words before paragraph (a), after “application” insert “that is made to the Secretary of State”.

(3)

After sub-paragraph (3) insert—

“(3A)

Where in accordance with paragraph 2A or 3(2) a public inquiry is to be held in relation to an application that is made to the Scottish Ministers for consent under section 36 or 37 of this Act, and it appears to the Scottish Ministers that in addition to any public notice of such an inquiry any further notification concerning the inquiry is necessary or expedient (either by way of service of notice upon any person or in any other way), the Scottish Ministers may direct the applicant to take such further steps for this purpose as may be specified in the direction.”

(4)

In sub-paragraph (4)—

(a)

after “2(2)” insert “, 2A”;

(b)

for “Secretary of State” insert “appropriate authority”.

(5)

Omit sub-paragraph (5).

10 (1)

Paragraph 5 (provisions supplementary to paragraphs 2 to 4) is amended as follows.

(2)

In sub-paragraph (1)—

(a)

in the words before paragraph (a), after “2(2)” insert “, 2A”;

(b)

in paragraph (a)—

(i)

for “Secretary of State”, in both place it occurs, substitute “appropriate authority”;

(ii)

for “he” substitute “the appropriate authority”;

(c)

in paragraph (b), for “Secretary of State” substitute “appropriate authority”;

(d)

in the words after paragraph (b), for “Secretary of State” substitute “appropriate authority”.

(3)

In sub-paragraph (2), for “Secretary of State”, in both places it occurs, substitute “appropriate authority”.

11 (1)

Paragraph 6 (special provision as to consents under section 37) is amended as follows.

(2)

In sub-paragraph (1)—

(a)

for “Secretary of State”, in each place it occurs, substitute “appropriate authority”;

(b)

in paragraph (a), for “he”, in both places it occurs, substitute “the appropriate authority”;

(c)

in paragraph (b), omit “his”, in both places it occurs.

(3)

In sub-paragraph (2)—

(a)

in the words before paragraph (a), for “Secretary of State” substitute “appropriate authority”;

(b)

in paragraph (b) for “his opinion” substitute “the opinion of the appropriate authority”.

12 (1)

Paragraph 7A (generating stations not within areas of relevant planning authorities) is amended as follows.

(2)

In sub-paragraph (6)(a), after “2(2)” insert “, 2A”.

(3)

In sub-paragraph (7)—

(a)

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

(b)

after “2(2)” insert “or 2A”;

(c)

for “authority” substitute “planning authority”.

(4)

In sub-paragraph (8)—

(a)

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

(b)

for “authority” substitute “planning authority”;

(c)

for “he” substitute “the appropriate authority”.

(5)

In sub-paragraph (9), for “Secretary of State” substitute “appropriate authority”.

(6)

In sub-paragraph (10), for “Secretary of State” substitute “appropriate authority”.

13

In paragraph 8 (supplemental), in paragraph (1), after “Schedule” insert “—

“appropriate authority” means—

(a)

in the case of an application made to the Secretary of State, the Secretary of State;

(b)

in the case of an application made to the Scottish Ministers, the Scottish Ministers;”.