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Electricity Act 1989, SCHEDULE 9 is up to date with all changes known to be in force on or before 03 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 38.
1(1)In formulating any relevant proposals, a licence holder or a person authorised by exemption to [F1generate, [F2distribute, supply or participate in the transmission of] electricity]—E+W
(a)shall have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archeological interest; and
(b)shall do what he reasonably can to mitigate any effect which the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, sites, buildings or objects.
(2)In considering any relevant proposals for which his consent is required under section 36 or 37 of this Act, the Secretary of State shall have regard to—
(a)the desirability of the matters mentioned in paragraph (a) of sub-pargaraph (1) above; and
(b)the extent to which the person by whom the proposals were formulated has complied with his duty under paragraph (b) of that sub-paragraph.
(3)In this paragraph—
“building” includes structure;
“relevant proposals” means any proposals—
for the construction or extension of a generating station of a capacity not less than 10 megawatts, or for the opreation of such a station in a different manner;
for the installation (whether above or below ground) of an electric line; or
for the execution of any other works for or in connection with the transmission or supply of electricity.
(4)The Secretary of State may by order provide that sub-paragraph (3) above shall have effect as if for the capacity mentioned in paragraph (a) there were substituted such other capacity as may be specified in the order.
(5)This paragraph and paragraph 2 below extend to England and Wales only.
Textual Amendments
F1Words in Sch. 9 para. 1(1) substituted (1.10.2001) by S.I. 2001/3264, art. 6
F2Words in Sch. 9 para. 1(1) substituted (1.9.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 19 para. 16; S.I. 2004/2184, art. 2(2), Sch. 2
2(1)A licence holder shall within twelve months from the grant of his licence prepare, and from time to time modify, a statement setting out the manner in which he proposes to perform his duty under paragraph 1(1) above, including in particular the consultation procedures which he intends to follow.E+W
(2)Before preparing or modifying a statement under this paragraph, a licence holder shall consult the [F3Countryside Agency],
[F4and—
(a)where the activities which he is authorised by his licence to carry on include activities in England, [F5 Natural England ] and the Historic Buildings and Monuments Commission for England; and
(b)where those activities include activities in Wales, the Countryside Council for Wales and] the [F6National Assembly] for Wales.
(3)As soon as practicable after preparing or modifying a statement under this paragraph, the licence holder shall publish the statement as so prepared or so modified in such manner as he considers appropriate.
Textual Amendments
F3Words in Sch. 9 para. 2 substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 13
F4Words in Sch. 9 para. 2(2) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1)(a), Sch. 9 para. 16(a); S.I. 1991/685, art. 3
F5Words in Sch. 9 para. 2(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 115(b); S.I. 2006/2541, art. 2 (with Sch.)
F6Words in Sch. 9 para. 2(2)(b) substituted (1.4.2006) by The Historic Buildings Council for Wales (Abolition) Order 2006 (S.I. 2006/63), arts. 1(2), 3(4)
3(1)In formulating any relevant proposals, a licence holder or a person authorised by an exemption to [F7generate, [F8distribute, supply or participate in the transmission of] electricity]—S
(a)shall have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archaeological interest; and
(b)shall do what he reasonably can to mitigate any effect which the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, sites, buildings or objects.
(2)In considering any relevant proposals for which his consent is required under section 36 or 37 of this Act, the Secretary of State shall have regard to—
(a)the desirability of the matters mentioned in paragraph (a) of sub-paragraph (1) above; and
(b)the extent to which the person by whom the proposals were formulated has complied with his duty under paragraph (b) of that sub-paragraph.
(3)Without prejudice to sub-paragraphs (1) and (2) above, in exercising any relevant functions each of the following, namely, a licence holder, a person authorised by an exemption to generate or supply electricity and the Secretary of State shall avoid, so far as possible, causing injuries to fisheries or to the stock of fish in any waters.
(4)In this paragraph—
“building” includes structure;
“relevant proposals” has the same meaning as in paragraph 1 above and, for the purposes of this paragraph, any such order as is mentioned in sub-pargaraph (4) of that paragraph may be made under this sub-paragraph;
“relevant functions” means any powers conferred and any duties imposed by or under this Act.
(5)This paragraph and paragraphs 4 and 5 below extend to Scotland only.
Textual Amendments
F7Words in Sch. 9 para. 3(1) substituted (1.10.2001) by S.I. 2001/3264, art. 6
F8Words in Sch. 9 para. 3(1) substituted (1.9.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 19 para. 16; S.I. 2004/2184, art. 2(2), Sch. 2
Modifications etc. (not altering text)
C1Sch. 9 para. 3: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
4(1)A licence holder shall within twelve months from the grant of his licence prepare, and from time to time modify, a statement setting out the manner in which he proposes too perform his duty under paragraph 3(1) above, inlcuding in particular the consultation procedures which he intends to follow.S
(2)Before preparing or modifying a statement under this paragraph, a licence holder shall consult with [F9Scottish Natural Heritage] F10... [F11and with the National Park authority for any National Park which would be affected by the relevant proposals].
(3)As soon as practicable after preparing or modifying a statement under this paragraph, the licence holder shall publish the statement so prepared or so modified in such a manner as he considers appropriate.
Textual Amendments
F9Words in Sch. 9 para. 4(2) substituted (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), ss. 27(1), 28(2), Sch. 10 para. 13; S.I. 1991/2633, art. 4
F10Words in Sch. 9 para. 4(2) repealed (31.5.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 10; S.S.I. 2003/219, art. 2(1)(c)
F11Words in Sch. 9 para. 4(2) inserted (S.) (9.8.2000) by 2000 asp 10, s. 36, Sch. 5 para. 14(2) (with s. 32); S.I. 2000/312, art. 2
5(1)The Fisheries Committee appointed under section 5(2) of the M1Electricity (Scotland) Act 1979 shall continue in existence, and shall have the function of giving advice and assistance (whether specifically requested or not), on questions relating to the effect in Scotland—S
(a)on fisheries, or
(b)on the stock of fish in any waters,
of generating stations wholly or mainly driven by water, to the Secretary of State and to any person engaged in, or proposing to engage in, the operation of such a generating station.
(2)The Commmittee shall consist of such a number of persons, appointed by the Secretary of State, as he may think proper.
(3)The Committee shall have the power to regulate its own procedure.
(4)Persons engaged in, or proposing to engage in, the operation of such a generating station as is mentioned in sub-pargaraph (1) above shall furnish to the Committee any maps, plans, drawings or information which the Committee may reasonably require, and give to the Committee reasonable facilities for inspection.
(5)A person making an application to the Secretary of State for consent under section 36 of this Act as respects such a generating station as is mentioned in sub-paragraph (1) above shall, before or on doing so, consult the Committee as regards the matter to which the application relates.
(6)[F12Subject to sub-paragraph (6A),] Upon being so consulted the Committee may make recommendations to the applicant or to any other person and shall transmit a copy of the recommendations to the Secretary of State; and the applicant shall intimate to the Committee and to the Secretary of State whether or not he is prepared to give effect to such recommendations as have been made to him.
[F13(6A)In the case of a generating station in respect of which a controlled activity within the meaning of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 will be carried on, the Committee shall, before making a recommendation under sub-paragraph (6), obtain and have regard to the advice of the Scottish Environment Protection Agency on matters relating to the protection of the water environment.]
(7)If an applicant is not prepared to give effect to a recommendation made to him under sub-paragraph (6) above, the Secretary of State may, after considering any representation made, refuse the consent applied for.
(8)Any expenses reasonably incurred by the Committee shall be defrayed by the Secretary of State out of money provided by Parliament.
(9)Where recommendations are made under sub-paragraph (6) above to a person other than the applicant, that person shall have regard to the recommendations in carrying out any activities to which they are relevant.
Textual Amendments
F12Words in Sch. 9 para. 5(6) inserted (S.) (1.4.2006) by The Water Environment and Water Services (Scotland) Act 2003 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/1054), art. 1(1), Sch. 1 para. 1(5)(a)
F13Sch. 9 para. 5(6A) inserted (S.) (1.4.2006) by The Water Environment and Water Services (Scotland) Act 2003 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/1054), art. 1(1), Sch. 1 para. 1(5)(b)
Modifications etc. (not altering text)
C2Sch. 9 para. 5: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
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