OpenLegislation

Section 3B Section 3A: power to require Secretary of State’s consent in certain casesF1F2

England and Wales

(1)

The Secretary of State may make regulations that, in a case within subsection (2), require the consent of the Secretary of State to an exercise of the Commissioners’ powers under section 3A.

(2)

The cases are those where—

(a)

a proposed exercise of the powers is intended to enable the construction on English forestry land of the whole or part of a generating station (including an extension to an existing station), and

(b)

the capacity threshold is exceeded.

(3)

In the case of the construction of a new generating station, the capacity threshold is exceeded if it is expected that the generating capacity of the station would equal or exceed the relevant wattage.

(4)

In the case of an extension to an existing station, the capacity threshold is exceeded if it is expected that—

(a)

the extension would cause the generating capacity of the station to equal or exceed the relevant wattage, or

(b)

the extension, whether alone or taken together with previous non-consented extensions, would increase the generating capacity of the station by at least the relevant wattage.

(5)

An extension is “non-consented” for the purposes of subsection (4)(b) if—

(a)

it was enabled by an exercise of the Commissioners’ powers under section 3A, and

(b)

that exercise of those powers did not have the consent of the Secretary of State under regulations under subsection (1).

(6)

But an extension ceases to be “non-consented” for those purposes if—

(a)

a subsequent extension to the station in question is constructed having been enabled by an exercise of the Commissioners’ powers under section 3A, and

(b)

that exercise of those powers had the consent of the Secretary of State under regulations under subsection (1).

(7)

The relevant wattage is—

(a)

5 megawatts, if the station generates electricity from wind, and

(b)

50 megawatts, if it does not.

(8)

The Secretary of State may by regulations amend this section so as to change the relevant wattage (including by adding or combining categories of station in relation to which a particular wattage is prescribed).

(9)

In calculating the relevant wattage there is to be disregarded—

(a)

in the case of a generating station only partly situated on English forestry land, any generating capacity that can be attributed to parts not situated on English forestry land;

(b)

in the case of a generating station whose capacity is provided in part by facilities for the storage of electricity and in part by other means, the capacity provided by those facilities.

(10)

In this section—

  • “generating station” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1));

  • “storage” is to be read in accordance with section 3A(6).

Annotations

Textual amendments

F1

Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional provisions and savings in regs. 3-22 (as amended (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 11(2)(b)(3)(a)))

F2

Ss. 3A-3C 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. 29, 118(1)(p) (with s. 116)