Other infrastructure provisions

20Variation 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.”