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Regulation 2 Interpretation

Scotland

In these Regulations—

  • “the Act” means the Electricity Act 1989;

  • “applicant” means, in relation to a variation application, the person who made the application;

  • “the EIA Regulations” means the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations F12017;

  • F2...

  • “generating station” includes a proposed generating station;

  • “offshore generating station” means a generating station that is, or is to be, located within—

    1. (a)

      a Renewable Energy Zone; or

    2. (b)

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

  • “proposed development” means—

    1. (a)

      the generating station, or extension of a generating station, which the applicant would be authorised to construct under a relevant section 36 consent if that consent were varied as requested in a variation application;

    2. (b)

      the way in which a generating station so constructed or extended would be authorised to be operated under the relevant section 36 consent as so varied; and

    3. (c)

      any section 57 development in respect of which section 36 consent is not required;

  • “relevant section 36 consent”, in relation to an application, means the section 36 consent in respect of which that application is made;

  • “section 36 consent” means a consent under section 36 of the Act to construct, extend or operate a generating station including any variations to that consent already made under section 36C(4) of the Act;

  • “section 57 development” means any development in respect of which—

    1. (a)

      a section 57 direction was given on granting the relevant section 36 consent; or

    2. (b)

      the applicant, on making a variation application, requests the Scottish Ministers to give a section 57 direction;

  • “section 57 direction” means a direction under section 57(2) or (2ZA) of the Town and Country Planning (Scotland) Act 1997 M1 (deemed planning permission for development with government authorisation); and

  • “variation application” means an application made to the Scottish Ministers under section 36C(1) of the Act (variation of section 36 consents) to vary a section 36 consent.

Annotations

Textual amendments

F1

Word in reg. 2 substituted (16.5.2017) by The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/101), regs. 1(1), 42(2)(a) (with regs. 1(2), 27, 28, 40, 41)

F2

Words in reg. 2 omitted (16.5.2017) by virtue of The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/101), regs. 1(1), 42(2)(b)

Marginal citations

M1

1997 c.8. Section 57(2) and (2ZA) were substituted by section 21(5) of the Growth and Infrastructure Act 2013 (c.27).