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—
- (a)
a Renewable Energy Zone; or
- (b)
waters in or adjacent to Scotland which are between the mean low water mark and the seaward limits of the territorial sea;
- (a)
“proposed development” means—
- (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;
- (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
- (c)
any section 57 development in respect of which section 36 consent is not required;
- (a)
“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—
- (a)
a section 57 direction was given on granting the relevant section 36 consent; or
- (b)
the applicant, on making a variation application, requests the Scottish Ministers to give a section 57 direction;
- (a)
“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).