Section 36D Proceedings for questioning certain decisions of the Scottish MinistersF1F5
England, Wales and Scotland
If a person is aggrieved by a decision of the Scottish Ministers to which this section applies, and wishes to question the validity of the decision on either of the grounds mentioned in subsection (2), the person (the “aggrieved person”) may make an application to the Inner House of the Court of Session under this section.
The grounds are that—
the decision is not within the powers of the Scottish Ministers under this Part,
one or more of the relevant requirements have not been complied with in relation to the decision.
This section applies to a decision under any of the following—
section 36 (application for consent for generating station);
section 36C (application for variation of section 36 consent);
section 37 (application for consent for overhead lines);
section 37A (application for variation of section 37 consent);
section 37B (variation of consents by Scottish Ministers);
section 37C (consents and variation of consents in Scotland: correction of errors).
An application under this section must be made within the period of 6 weeks beginning with the date on which the decision to which the application relates is F3published by the Scottish Ministers.
On an application under this section, the Inner House of the Court of Session—
may suspend the decision until the final determination of the proceedings,
may quash the decision either in whole or in part if satisfied that—
the decision in question is not within the powers of the Scottish Ministers under this Part, or
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.
In this section—
F4“relevant waters” means—
- (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
- (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.
- (a)
“the relevant requirements”, in relation to a decision to which this section applies, means the requirements of this Act, or of any order or regulations made under this Part, which are applicable to that decision.
Annotations
Textual amendments
- F1
Ss. 36D, 36E inserted (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 4(2) (with art. 4(4))
- F2
S. 36D(3) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 21(2), 118(1)(i) (with ss. 21(7), 116)
- F3
Words in s. 36D(4) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 21(3), 118(1)(i) (with ss. 21(7), 116)
- F4
Words in s. 36D(6) substituted (2.5.2019) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2019 (S.I. 2019/911), arts. 1(1), 2(a)
- F5
Words in s. 36D heading substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 21(4), 118(1)(i) (with ss. 21(7), 116)
Notes on Part I
Modifications
- C1
Pt. I modified (5.10.2004) by Energy Act 2004 (c. 20), ss. 184(12), 185(13), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1
- C2
Pt. I modified (S.) (30.11.2005) by The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2005 (S.S.I. 2005/549), arts. 1(1), 9
- C3
Pt. 1 excluded (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 7(2) (with art. 26)
- C4
Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)
- C5
Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10
Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)
Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))