EXPLANATORY NOTE
(This note is not part of the Regulations)
The Regulations make provision in England and Wales about the procedures for handling applications to vary consents for the construction, extension and operation of electricity generating stations that have been granted under section 36 of the Electricity Act 1989 (c. 29) (“section 36 consents”).
In England and Wales and adjacent offshore areas, section 36 consents are granted by the Secretary of State or the Marine Management Organisation (“the appropriate authority”). Under section 36C of the Act (inserted by section 20 of the Growth and Infrastructure Act 2013 (c. 27)), the person for the time being entitled to the benefit of the section 36 consent (“the applicant”) may apply to the appropriate authority that granted the consent for the consent to be varied. On such an application, the appropriate authority may make such variations to the consent as appear to it to be appropriate, having regard to the reasons for which a variation is sought, the variations proposed, any objections to the variations and the views of consultees (as well as the outcome of any public inquiry held into the application).
Regulation 3 sets out what must be included in or accompany a variation application. By regulation 4, the appropriate authority is required to conduct an initial assessment of whether the application is suitable for publication (as defined in regulation 4(8)) and to give the applicant an opportunity to make representations if the appropriate authority does not consider that the application is suitable for publication. If the appropriate authority still does not consider the application is suitable for publication following such representations it must either invite the applicant to make further representations or refuse the application. If the appropriate authority considers that an application is suitable for publication, the application must be published, and its publication advertised, in accordance with regulation 5.
Regulations 6, 7 and 8 provide for the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 (S.I. 2000/1927), the Electricity Generating Stations and Overhead Lines (Inquiries Procedure) (England and Wales) Rules 2007 (S.I. 2007/841), and certain provisions of Schedules 8 and 9 to the Electricity Act 1989 (relating to public inquiries and the duty to have regard to certain amenity considerations when formulating proposals about generating stations), to apply to variation applications, with specified modifications. In contrast to the position under Schedule 8 as regards applications for section 36 consents, the appropriate authority always has a discretion to hold a public inquiry into a variation application.
Regulation 9 makes provision about the withdrawal of variation applications. Regulation 10 allows the appropriate authority to extend the time allowed for a given step under the Regulations in a particular case.
An impact assessment has been prepared in respect of the effect that this instrument will have on business. Copies can be obtained from the Department of Energy and Climate Change, National Infrastructure Consents Team, 3rd Floor, 3 Whitehall Place, London, SW1A 2AW. Copies have been placed in the libraries of both Houses of Parliament.