Section 37A Application for variation of section 37 consent: ScotlandF1

(1)

The person for the time being entitled to the benefit of a section 37 consent that was granted by the Scottish Ministers may make an application to the Scottish Ministers for the consent to be varied.

(2)

The Secretary of State or the Scottish Ministers may by regulations make provision about variation under this section, including in particular provision about—

(a)

the making and withdrawal of applications;

(b)

fees;

(c)

publicity and consultation requirements;

(d)

rights to make representations;

(e)

public inquiries;

(f)

consideration of applications.

(3)

The regulations may provide for any statutory provision applicable to the grant by the Scottish Ministers of a section 37 consent to apply with specified modifications to the variation of a section 37 consent under this section.

(4)

On an application for a section 37 consent to be varied, the Scottish Ministers may make such variations to the consent as appear to them to be appropriate, having regard (in particular) to—

(a)

the applicant’s reason for seeking the variation;

(b)

the variations proposed;

(c)

any objections made to the proposed variations, the views of consultees and the outcome of any public inquiry.

(5)

In this section—

“section 37 consent” means a consent granted under section 37 (consent required for overhead lines);
“statutory provision” means a provision of or made under an Act, whenever passed or made; and for this purpose “Act” includes an Act of the Scottish Parliament.

Annotations

Textual amendments

F1: Ss. 37A-37C inserted (18.12.2025 for specified purposes, 18.2.2026 in so far as not already in force) by Planning and Infrastructure Act 2025 (c. 34), ss. 20, 118(1)(h) (with s. 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))