Application
2.—(1) These Regulations apply to applications for—
(a)section 36 consents;
(b)section 36 variations; and
(c)section 37 consents,
for development in England or Wales or in relevant waters(1).
(2) Paragraph (1) is subject to—
(a)regulation 38 (exemptions for defence and civil emergencies);
(b)regulation 49 (exemptions where EIA development requires marine licence, etc. for which environmental impact assessment is also required);
(c)regulation 42 (transitional provision).
Functions of the Secretary of State under section 36 of the Electricity Act 1989, in so far as exercisable in or as regards Scotland or in the area of the Renewable Energy Zone designated as the area in relation to which the Scottish Ministers are to have functions, have been transferred to the Scottish Ministers by S.I. 2006/1040. Functions of the Secretary of State under section 37 of the Electricity Act 1989, in so far as exercisable in or as regards Scotland, have been transferred to the Scottish Ministers by S.I. 1999/1750.