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.”.