Other infrastructure provisions
I1I220Variation of consents under Electricity Act 1989
1
The Electricity Act 1989 is amended as follows.
2
After section 36B insert—
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—
- a
the Scottish Ministers, in a case where the section 36 consent relates to a generating station (or proposed generating station) in Scotland;
- b
the Marine Management Organisation, in a case where the section 36 consent was granted by it;
- c
the Secretary of State, in any other case;
“regulations” means regulations made by—
- a
the Scottish Ministers, in the case of section 36 consents relating to generating stations (or proposed generating stations) in Scotland;
- 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.
3
In section 106 (regulations and orders)—
a
after subsection (1) insert—
1ZA
Subsection (1) does not apply to the power conferred on the Scottish Ministers by section 36C.
b
after subsection (2) insert—
3
Regulations made by the Scottish Ministers under section 36C are subject to the negative procedure.