{
  "url": "https://openlegislation.uk/environmental-authorisations-scotland-regulations-2018/schedule-25/paragraph-8",
  "json_url": "https://openlegislation.uk/environmental-authorisations-scotland-regulations-2018/schedule-25/paragraph-8.json",
  "legislation": "ssi/2018/219",
  "legislation_title": "The Environmental Authorisations (Scotland) Regulations 2018",
  "legislation_url": "https://openlegislation.uk/environmental-authorisations-scotland-regulations-2018",
  "path": "schedule/25/paragraph/8",
  "kind": "paragraph",
  "number": "8",
  "heading": "Determination of applications",
  "text": "(1) When considering an application for an authorisation, or a variation of an authorisation for a specified activity, SEPA must take into account—\n(a) the outcome of the cost-benefit analysis required by paragraph 6 of this schedule,\n(b) the outcome of any comprehensive national assessment carried out in compliance with Article 14(1) of Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency.\n(2) Where a cost-benefit analysis required in the case referred to in paragraph 6(4)(a) or (c) of this schedule shows that benefits exceed costs, SEPA must ensure that the authorisation includes conditions that will ensure the carrying on of the specified activity in a manner shown by that analysis to be cost beneficial.\n(3) Where a cost-benefit analysis required in the case referred to in paragraph 6(4)(b) of this schedule shows that benefits exceed costs, SEPA must ensure that the authorisation includes conditions that will ensure the carrying on of the specified activity of the installation, in conjunction with the utilisation of the waste heat from nearby industrial installations or plants, in a manner shown by that analysis to be cost beneficial.\n(4) Sub-paragraphs (2) and (3) do not apply if SEPA decides that there are imperative reasons of law, ownership or finance for them not to apply in respect of any application for or variation to an authorisation.\n(5) SEPA must, in any case where it makes a decision in accordance with sub-paragraph (4), submit a reasoned notification of it to the Scottish Ministers within two months after the date of the decision.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 25 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 16 (with sch. 23)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2018/219/schedule/25/paragraph/8",
    "retrieved_at": "2026-10-28T21:11:56.403037+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}