The Scottish Government

Relevant Legislation - Section 36 & 37

Electricity Generation & Transmission/Distribution

Applications to construct and operate power stations of a certain capacity are made to Scottish Ministers under section 36 of the Electricity Act 1989. Applications for Powerlines and necessary wayleaves are made under section 37 of the Electricity Act 1989.

The following set of regulations apply to applications made under section 36 and section 37 and should be particularly noted by developers:

• The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000

• The Electricity (Applications for Consent) Regulations 1990

• The Electricity (Applications for Consent) Amendment (Scotland) Regulations 2006

A consent under section 36 and section 37 of the Electricity Act 1989 usually carries with it deemed planning permission from the Scottish Ministers under section 57 of the Town and Country Planning (Scotland) Act 1997.

Marine Development

Developers considering marine renewables development within Scottish territorial waters or the Scottish renewable energy zone should also be aware of:

• The Energy Act 2004 (Part 2) - Chapter 2 (Renewable Energy Zones)
• The Energy Act 2004 (Part 2) - Chapter 2 (Marine Safety Zones)
• The Energy Act 2004 (Part 2) - Chapter 3 (Decommissioning of Offshore Installations)

Further information is available within our marine renewables section.

Gas Pipelines

The following regulations apply to applications for pipelines:

• The Pipe-lines Act 1962
• The Gas Act 1986
• The Public Gas Transporter Pipe-Line Works (Environmental Impact Assessment) Regulations 1999