2020 No. 123
The Electricity Works (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020
Made
Laid before the Scottish Parliament
Coming into force
Citation, commencement and extent1
1
These Regulations may be cited as the Electricity Works (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 and come into force on 24 April 2020.
2
These Regulations extend to Scotland only.
Amendment of the Electricity (Applications for Consent) Regulations 19902
1
The Electricity (Applications for Consent) Regulations 19903 are amended as follows.
2
In regulation 3(1) (interpretation)—
a
before the definition of “EIA development” insert—
“application website” means a website maintained by the developer for the purpose of making publicly available information relating to applications to which these Regulations apply;
b
after the definition of “EIA development”, insert—
“electronic communication” has the meaning given in section 15(1) (general interpretation) of the Electronic Communications Act 20004;
“emergency period” means the period beginning on 24 April 2020 and ending on the date on which Part 1 of the Coronavirus (Scotland) Act 20205 expires in accordance with section 12 of that Act;
3
In regulation 4(2) (publication of notice of application for consent under section 36) at the beginning insert “Subject to regulation 4A, ”.
4
After regulation 4 (publication of notice of application for consent under section 36) insert—
Temporary requirement to make map available for inspection on the application website4A
Regulation 4 during the emergency period applies—
a
as if before paragraph (1)(a) there were inserted—
za
on the application website.
b
as if in paragraph (2) from for “shall name a place” to the end there were substituted “shall publish such map on the application website.”.
5
In regulation 5(2) (publication of notice of application for consent under section 37) at the beginning insert “Subject to regulation 5A,”.
6
After regulation 5 (publication of notice of application for consent under section 37) insert—
Temporary requirement to make map available for inspection on the application website5A
Regulation 5 applies during the emergency period—
a
as if in paragraph (2) for from “shall name a place” to the end there were substituted “shall publish such map on the application website.”, and
b
as if after paragraph (2) there were inserted—
3
A notice published in pursuance of paragraph (1) shall be published on the application website.
7
In regulation 7 (objections by other persons) at the beginning insert “Subject to regulation 7A, ”.
8
After regulation 7 (objections by other persons), insert—
Temporary requirement to enable objections by other persons by means of electronic communications7A
Regulation 7 applies during the emergency period as if after “manner in which” there were inserted “(including by means of electronic communication)”.
Amendment of the Electricity Generating Stations (Applications for Variation of Consent) (Scotland) Regulations 20133
1
The Electricity Generating Stations (Applications for variation of Consent) (Scotland) Regulations 20136 are amended as follows.
2
At the beginning of regulation 4(4)(c)(iv) (publication and service of notice of application) insert “subject to regulation 4A, ”.
3
After regulation 4 (publication and service of notice of application) insert—
Temporary relaxation of requirement to make documents available for inspection4A
1
Regulation 4 applies during the emergency period as if paragraph (4)(c)(iv) were omitted.
2
In this regulation, “emergency period” means the period beginning on 24 April 2020 and ending on the date on which Part 1 of the Coronavirus (Scotland) Act 2020 expires in accordance with section 12 of that Act.
Amendment of the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 20174
1
The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 20177 are amended as follows.
2
In regulation 2(1) (interpretation), after the definition of “electronic communication”, insert—
“emergency period” means the period beginning on 24 April 2020 and ending on the date on which Part 1 of the Coronavirus (Scotland) Act 2020 expires in accordance with section 12 of that Act;
3
In regulation 14(1) (publication of EIA report) at the beginning insert “Subject to regulation 14A, ”.
4
After regulation 14 (publication of EIA report) insert—
Temporary relaxation of requirement for publication of EIA report14A
Regulation 14(2)(c) applies during the emergency period as if “and the times and places at which” were omitted.
5
In regulation 15(1) (publicity of determinations and provision of information to the planning authority), at the beginning insert “Subject to regulation 15A,”.
6
After regulation 15 (publicity of determinations and provision of information to the planning authority) insert—
Temporary relaxation of requirement for planning authority to make documents available for public inspection15A
Regulation 15(1) applies during the emergency period as if for “at all reasonable hours” to the end there were substituted “by electronic means”.
7
In regulation 17(1) (copies of EIA report for the Scottish Ministers) at the beginning insert “Subject to regulation 17A, ”.
8
After regulation 17 (copies of EIA report for the Scottish Ministers) insert—
Temporary relaxation of requirement for hard copies of EIA report for the Scottish Ministers17A
Regulation 17 applies during the emergency period—
a
as if paragraphs (1) and (3) were omitted,
b
as if in paragraph (2) the words “other than by means of electronic communication” were omitted, and
c
as if at the end of paragraph (2)(a) there were inserted “within 6 weeks of the last day of the emergency period”.
9
After regulation 18(3) (copies of EIA report for the public) insert—
4
During the emergency period the developer is not required by this regulation to ensure that copies of the EIA report are available for inspections at a place or address.
10
In regulation 20(1) (publication of additional information) at the beginning insert “Subject to regulation 20A, ”.
11
After regulation 20 (publication of additional information) insert—
Temporary relaxation of requirement for publication of additional information20A
Regulation 20(3)(c) applies during the emergency period as if “and the times and places at which” were omitted.
12
In regulation 23(3) (notification of decision) at the beginning insert “Subject to regulation 23A, ”.
13
After regulation 23 (notification of decision) insert—
Temporary relaxation of requirement to make decision notice available for inspection23A
Regulation 23 applies during the emergency period as if paragraph (3)(a) were omitted.
(This note is not part of the Regulations)