36CVariation of consents under section 36

1

The person for the time being entitled to the benefit of a section 36 consent may make an application to the appropriate authority for the consent to be varied.

2

Regulations may make provision about the variation of a section 36 consent, 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

Regulations under subsection (2) may provide for any statutory provision applicable to the grant of a section 36 consent to apply with specified modifications to the variation of a section 36 consent.

4

On an application for a section 36 consent to be varied, the appropriate authority may make such variations to the consent as appear to the authority to be appropriate, having regard (in particular) to—

a

the applicant's reasons 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

Regulations may make provision treating, for prescribed purposes, a section 36 consent varied under this section as granted in its varied form when the original consent was granted (rather than when the variation was made).

6

In this section—

• “the appropriate authority” means—

  1. a

     the Scottish Ministers, in a case where the section 36 consent relates to a generating station (or proposed generating station) in Scotland;

  2. b

     the Marine Management Organisation, in a case where the section 36 consent was granted by it;

  3. c

     the Secretary of State, in any other case;

• “regulations” means regulations made by—

  1. a

     the Scottish Ministers, in the case of section 36 consents relating to generating stations (or proposed generating stations) in Scotland;

  2. b

     the Secretary of State, in any other case;

• “Scotland” has the same meaning as in section 32(2) (see section 32(3));

• “section 36 consent” means a consent granted under section 36 (construction, extension or operation of generating station), whenever granted;

• “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.