Planning and Infrastructure Act 2025

21 Proceedings for questioning certain decisions on consents E+W+S

(1) Section 36D of the Electricity Act 1989 (proceedings for questioning certain decisions under section 36) is amended as set out in subsections (2) to (4).

(2) For subsection (3) substitute—

“(3) This section applies to a decision under any of the following—

(a) section 36 (application for consent for generating station);

(b) section 36C (application for variation of section 36 consent);

(c) section 37 (application for consent for overhead lines);

(d) section 37A (application for variation of section 37 consent);

(e) section 37B (variation of consents by Scottish Ministers);

(f) section 37C (consents and variation of consents in Scotland: correction of errors).”

(3) In subsection (4), for “taken” substitute “published by the Scottish Ministers”.

(4) In the heading, for “under section 36” substitute “of the Scottish Ministers”.

(5) In Schedule 8 to the Electricity Act 1989, in paragraph 5B (proceedings for questioning certain decisions under paragraph 3(2)), in sub-paragraph (4), for “taken” substitute “published by the Scottish Ministers”.

(6) In section 237 of the Town and Country Planning (Scotland) Act 1997 (challenges to validity of development plans and certain orders, decisions and directions), in subsection (3), after paragraph (b) insert—

“(ba) any decision to give a direction under section 57(2) or (2ZA);”.

(7) The amendments made by this section apply only in relation to decisions made on or after the date on which this section comes into force.

Commencement Information

I1 S. 21 in force at 18.2.2026, see s. 118(1)(i)