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Paragraph 5B Proceedings for questioning certain decisions under paragraph 3(2)F1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If a person is aggrieved by a decision of the Scottish Ministers to which this paragraph applies, and wishes to question the validity of the decision on either of the grounds mentioned in sub-paragraph (2), the person (the “aggrieved person”) may make an application to the Inner House of the Court of Session under this paragraph.

(2)

The grounds are that—

(a)

the decision is not within the powers of the Scottish Ministers under this Schedule,

(b)

one or more of the relevant requirements have not been complied with in relation to the decision.

(3)

This paragraph applies to a decision under paragraph 3(2) as to whether a public inquiry should be held with respect to an application for consent to construct, extend or operate a generating station that comprises or is to comprise (in whole or in part) renewable energy installations situated at places in relevant waters.

(4)

An application under this paragraph must be made within the period of 6 weeks beginning with the date on which the decision to which the application relates is F2published by the Scottish Ministers.

(5)

On an application under this section, the Inner House of the Court of Session—

(a)

may suspend the decision until the final determination of the proceedings,

(b)

may quash the decision either in whole or in part if satisfied that—

(i)

the decision in question is not within the powers of the Scottish Ministers under this Schedule, or

(ii)

the interests of the aggrieved person have been substantially prejudiced by failure to comply with any of the relevant requirements in relation to the decision.

(6)

In this paragraph—

  • F3“relevant waters” means—

    1. (a)

      waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea; and

    2. (b)

      waters in the area designated by the Renewable Energy Zone (Designation of Area) (Scottish Ministers) Order 2005 as the area in which the Scottish Ministers are to have functions.

  • “the relevant requirements”, in relation to a decision to which this paragraph applies, means the requirements of this Act, or of any regulations made under this Schedule, which are applicable to that decision.

Annotations

Textual amendments

F1

Sch. 8 paras. 5B, 5C inserted (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 4(3) (with art. 4(4))

F2

Words in Sch. 8 para. 5B(4) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 21(5), 118(1)(i) (with ss. 21(7), 116)

F3

Words in Sch. 8 para. 5B(6) substituted (2.5.2019) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2019 (S.I. 2019/911), arts. 1(1), 2(b)

Notes on Schedule 8

Textual amendments

F1

Words in Sch. 8 heading inserted (1.4.2019) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 50(2) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(b)

Modifications

C1

Sch. 8: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

C2

Sch. 8 modified in part (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 12(5)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 4 (with art. 4(1))

C3

Sch. 8 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 31(2), 70(1)

C4

Sch. 8 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 26(2), 64(1)

Notes on Additional inspectors

Textual amendments

F1

Sch. 8 para. 5A and cross-heading inserted (E.W.) (6.4.2007) by Energy Act 2004 (c. 20), ss. 182(1), 198(2); S.I. 2007/1091, art. 2(a)