OpenLegislation

Paragraph 1 F1

(1)

Subject to sub-paragraphs (2) and (3), burning any fuel in combustion plants which generate electricity on the same site with an aggregated rated thermal input of 1 MW or more.

(2)

The activity in sub-paragraph (1) does not include—

(a)

burning any fuel in a combustion plant for the sole purpose of maintaining power supply at a site during an on-site emergency,

(b)

burning any fuel in a combustion plant operated for the purpose of testing for no more than 50 hours per year,

(c)

burning any fuel in a combustion plant with a defined nuclear safety role under a nuclear site licence issued by the Office for Nuclear Regulation,

(d)

burning any fuel in a mobile combustion plant unless it is connected to—

(i)

a transmission system or distribution system,

(ii)

other apparatus, equipment or appliances at a site, and is not performing a function that could be performed by plant that is not mobile.

(3)

Until 31 December 2039, and subject to sub-paragraph (6), the activity in sub-paragraph (1) does not include any combustion plant—

(a)

located on an island where the main power supply to that island is from the Scottish mainland, and

(b)

only operated in the event of an unplanned interruption of the main power supply for the purpose of maintaining and distributing power to that island.

(4)

Until 31 December 2033, and subject to sub-paragraph (7), the activity in sub-paragraph (1) does not include any combustion plant—

(a)

located on an island where the main power supply to that island is from the Scottish mainland, and

(b)

operated in the event of a planned interruption of the main power supply for the purpose of maintaining and distributing power to the island.

(5)

Sub-paragraphs (3) and (4) do not apply to any combustion plant operating under a capacity agreement which places electricity on an island distribution system.

(6)

The Scottish Ministers must, before 31 December 2035—

(a)

carry out a review of the operation of the exception in sub-paragraph (3), and

(b)

consider whether the exception continues to be necessary.

(7)

The Scottish Ministers must, before 31 December 2030—

(a)

carry out a review of the operation of the exception in sub-paragraph (4), and

(b)

consider whether the specified date requires amendment.

(8)

In this paragraph—

  • “distribution system” means a system which consists (wholly or mainly) of low voltage lines and electrical plants and is used for conveying electricity to any premises or to any other distribution system,

  • “mobile” means designed to move or to be moved whether on roads or other land,

  • “transmission system” means a system which—

    1. (a)

      consists (wholly or mainly) of high voltage lines and electrical plant, and

    2. (b)

      is used for conveying electricity from a generating station to a substation, from one generating station to another or from one substation to another.

Annotations

Textual amendments

F1

Sch. 26 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 17 (with sch. 23)