The Electricity Generating Stations (Applications for Variation of Consent) (Scotland) Regulations 2013

Application of the EIA Regulations with modifications

5.—(1) The EIA Regulations apply in relation to a variation application as they apply in relation to an application for consent under section 36 of the Act with the modifications specified in paragraph (2).

(2) The modifications are—

(a) References in the EIA Regulations (however worded)—

(i) to an application for a section 36 consent are to be treated as references to a variation application;

(ii) to the proposed development and to the development in respect of which the application for a section 36 consent relates are to be treated as references to the proposed development (as defined in these Regulations) to which the variation application relates; and

(iii) to the grant of consent are to be treated as references to the variation of a section 36 consent;

(b) regulation 9 of the EIA Regulations is not to be read as requiring or permitting a notice under that regulation to be published before a notice under regulation 4(2)(c) of these Regulations is published; and

(c) Part 2 of Schedule 4 to the EIA Regulations is to be read as requiring the inclusion in an environmental statement of—

(i) the main respects in which the applicant considers that the likely significant effects on the environment of the proposed development would differ from those described in any environmental statement that was prepared in connection with the relevant section 36 consent; and

(ii) a non-technical summary of the differences referred to in sub-paragraph (i).