Section 37B Variation of section 36 and 37 consents on change of circumstances: ScotlandF1

(1)

The Scottish Ministers may vary a consent under section 36 or 37 if—

(a)

they consider that the consent ought to be varied—

(i)

because of a change in circumstances relating to the environment, or

(ii)

because of technological changes, and

(b)

the person for the time being entitled to the benefit of the consent agrees to the variation.

(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 procedure for getting agreement;

(b)

publicity, notification and consultation requirements;

(c)

rights to make representations.

(3)

The regulations may provide for any statutory provision applicable to the grant by the Scottish Ministers of a consent under section 36 or 37 to apply with specified modifications to the variation of such a consent under this section.

(4)

In this section, “statutory provision” has the same meaning as in section 37A.

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))