Under section 36 of the Electricity Act 1989, consent is required for the construction, extension or operation of an electricity generating station with a capacity exceeding 50 megawatts. It is possible for this limit to be varied by means of an order made under section 36(2) and (3) of that Act.

The Electricity Act 1989 (Requirement of Consent for Hydro-electric Generating Stations) (Scotland) Order 1990 Order (“the 1990 Order”) made such a variation and prescribed a limit of 1 megawatt for hydro-electric generating stations in Scotland only. Article 2(1) revokes the 1990 Order with the effect that only generating stations with a capacity over 50 megawatts will require consent under section 36 of the Electricity Act 1989 to their construction, extension or operation. Article 2(1) saves the provisions of the 1990 Order in so far as they relate to applications made to the Scottish Ministers before 1st June 2011.