Regulation 43
1. The Electricity (Applications for Consent) Regulations 1990 are amended in accordance with paragraphs 2 and 3.
2.—(1) Regulation 3 (interpretation) is amended as follows.E+W
(2) In paragraph (1)—
(a)in the definition of “EIA development”, for “regulation 2(1) of the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000” substitute “ regulation 5 of the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017 ”;
(b)for the definition of “screening opinion” substitute—
““screening decision” has the meaning given in regulation 3 of the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017;”.
3.—(1) Regulation 11A (fees payable on request for screening decision) is amended as follows.E+W
(2) In the heading, for “screening opinion” substitute “ screening decision ”.
(3) In the text of the regulation, for “screening opinion” substitute “ screening decision ”.
4. The Electricity Generating Stations (Variation of Consents) (England and Wales) Regulations 2013 are amended in accordance with paragraphs 5 to 10.
5.—(1) Regulation 2 (interpretation) is amended as follows.E+W
(2) In paragraph (1)—
(a)in the definition of “the EIA Regulations”, for “the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000” substitute “ the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017 ”;
(b)for the definition of “environmental statement” substitute—
““EIA report” has the meaning given in the EIA Regulations;”.
6.—(1) Regulation 3 (content of variation applications) is amended as follows.E+W
(2) Omit paragraph (4).
7.—(1) Regulation 4 (assessment of suitability for publication) is amended as follows.E+W
(2) For paragraph (8) substitute—
“(8) For the purposes of this regulation, a variation application is suitable for publication in accordance with regulation 5 if—
(a)in a case where an EIA report is required to be prepared in connection with the variation application under the EIA Regulations (because the application is for EIA development within the meaning of those Regulations), an EIA report has been provided to the appropriate authority; and
(b)it appears to the appropriate authority that—
(i)the applicant wishes to construct, operate or extend a generating station in a way which the relevant section 36 consent does not authorise it to do;
(ii)the proposed development does not differ from the generating station to which the relevant section 36 consent refers to such an extent (in its construction, extension, operation or likely environmental effects) that it requires authorisation by—
(aa)an order granting development consent within the meaning of section 31 of the Planning Act 2008; or
(bb)where the appropriate authority is the MMO, a new section 36 consent (rather than a variation to the relevant section 36 consent); and
(iii)there is sufficient information in the application to enable the appropriate authority to determine the application.”.
8.—(1) Regulation 5 (publication) is amended as follows.E+W
(2) For paragraph (2) substitute—
“(2) The applicant or, where paragraph (2A) applies, the appropriate authority must publish on a website (the “application website”)—
(a)a summary of the variation application;
(b)the application;
(c)a link to the relevant section 36 consent, any section 90 direction given on granting the relevant section 36 consent and any statement (in the form of a decision letter, decision notice or otherwise) given by the appropriate authority under regulation 9(3) of the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 or regulation 33 of the EIA Regulations on granting the relevant section 36 consent.
(2A) This paragraph applies where the appropriate authority notifies the developer in writing that the appropriate authority will comply with the obligations in paragraph (2).
(2B) The applicant must serve a copy of the application on the relevant planning authority (if any).”.
(3) In paragraph (5)(a), for “paragraph (2)” substitute “ paragraphs (2) and (2B) or, where paragraph (2A) applies, the appropriate authority has complied with paragraph (2) and the applicant has complied with paragraph (2B) ”.
(4) In paragraph (5)(c), omit “and any environmental statement prepared in connection with the application”.
9. Regulation 7 (application of the EIA Regulations with modifications) is revoked.E+W
10.—(1) Regulation 9 (withdrawal of variation applications) is amended as follows.E+W
(2) In paragraph (2), for “consultative bodies” substitute “ consultation bodies ”.