Proceedings for questioning certain decisions under paragraph 3(2)E+W+S
[F15B(1)If a person is aggrieved by a decision of the Scottish Ministers to which this paragraph applies, and wishes to question the validity of the decision on either of the grounds mentioned in sub-paragraph (2), the person (the “aggrieved person”) may make an application to the Inner House of the Court of Session under this paragraph.
(2)The grounds are that—
(a)the decision is not within the powers of the Scottish Ministers under this Schedule,
(b)one or more of the relevant requirements have not been complied with in relation to the decision.
(3)This paragraph applies to a decision under paragraph 3(2) as to whether a public inquiry should be held with respect to an application for consent to construct, extend or operate a generating station that comprises or is to comprise (in whole or in part) renewable energy installations situated at places in relevant waters.
(4)An application under this paragraph must be made within the period of 6 weeks beginning with the date on which the decision to which the application relates is taken.
(5)On an application under this section, the Inner House of the Court of Session—
(a)may suspend the decision until the final determination of the proceedings,
(b)may quash the decision either in whole or in part if satisfied that—
(i)the decision in question is not within the powers of the Scottish Ministers under this Schedule, or
(ii)the interests of the aggrieved person have been substantially prejudiced by failure to comply with any of the relevant requirements in relation to the decision.
(6)In this paragraph—
[F2“relevant waters” means—
(a)waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea; and
(b)waters in the area designated by the Renewable Energy Zone (Designation of Area) (Scottish Ministers) Order 2005 as the area in which the Scottish Ministers are to have functions.]
“the relevant requirements”, in relation to a decision to which this paragraph applies, means the requirements of this Act, or of any regulations made under this Schedule, which are applicable to that decision.]
Textual Amendments
F1Sch. 8 paras. 5B, 5C inserted (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 4(3) (with art. 4(4))
F2Words in Sch. 8 para. 5B(6) substituted (2.5.2019) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2019 (S.I. 2019/911), arts. 1(1), 2(b)