Planning and Infrastructure Act 2025 in Scotland

A relevant authority may modify—

A relevant authority may exercise the power under subsection (1) only for the purpose of improving the process for managing connections to the transmission system or the distribution system (and such an improvement may include changing the order in which connections are made).

The Secretary of State may direct the GEMA to exercise the power under subsection (1).

The Secretary of State may exercise the power under subsection (3) only for the purpose mentioned in subsection (2).

The power conferred by subsection (1) may not be exercised after the end of the period of three years beginning with the day on which this section comes into force.

Section 3A of the Electricity Act 1989 (principal objective and general duties) applies in relation to the functions of the Secretary of State and the GEMA under this section and sections 15 to 17 as it applies in relation to functions of the Secretary of State or the GEMA under Part 1 of that Act.

A relevant authority may under subsection (1) modify an agreement mentioned in subsection (1)(e) or a qualifying distribution agreement even if the effect of the modification might amount to a repudiation of the agreement.

In this section and sections 15 to 17—

• “distribution system” has the same meaning as in Part 1 of the Electricity Act 1989 (see the definition of “distribute” in section 4(4) of that Act);

• “electricity distributor” has the same meaning as in Part 1 of that Act (see section 6(9) of that Act);

• “electricity licence” means a licence for the purposes of section 4 of that Act;

• “the GEMA” means the Gas and Electricity Markets Authority;

• “qualifying distribution agreement” means—

  1. (a)

     the terms subject to which a connection is made by an electricity distributor in pursuance of section 16(1) of the Electricity Act 1989, or

  2. (b)

     a special connection agreement as defined by section 22(1) of that Act;

• “relevant authority” means the Secretary of State or the GEMA;

• “transmission system” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 4(4) of that Act).

The power conferred by section 14(1) to “modify” includes power to amend, add to or remove (and, in particular, includes power to make a person a party to an agreement or to discharge a party from its obligations under an agreement); and references in section 14, this section and section 16 to modification are to be construed accordingly.

The power conferred by section 14(1)—

Provision included in an electricity licence by virtue of section 14(1)(a) or (c)—

The modification under section 14(1) of part of a standard condition of an electricity licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Electricity Act 1989.

If under section 14(1) a relevant authority modifies the standard conditions of an electricity licence of a particular type, the GEMA must make the same modifications of those standard conditions for the purposes of their incorporation in electricity licences of that type granted after that time.

Provision included in an electricity licence by virtue of section 14(1)(b) may in particular include provision about the circumstances in which the licence may be revoked or suspended.

Provision included in an agreement by virtue of section 14(1)(e) or (f) may in particular include provision—

In section 33 of the Utilities Act 2000 (standard conditions of electricity licences), in subsection (1)—

Before making a modification under section 14, a relevant authority must consult—

Subsection (1) may be satisfied by consultation carried out before the passing of this Act (as well as by consultation carried out after that time).

A relevant authority must publish details of any modifications made by it under section 14 as soon as reasonably practicable after they are made.

A relevant authority may exclude from publication under subsection (3) any information the publication of which would be likely to prejudice the commercial interests of any person.

In this section, “the Independent System Operator and Planner” means the person for the time being designated under section 162(1) of the Energy Act 2023.

A relevant authority may—

A relevant authority may exercise the power conferred by subsection (1) only for the purpose of improving the process for managing connections to the transmission system or the distribution system (and such an improvement may include changing the order in which connections are made).

A direction under subsection (1) must describe the kinds of modification to be made by the person to whom it is given.

A direction under subsection (1) may also require the person to whom it is given to modify an agreement by including in it provision—

A direction under subsection (1) may be expressed as having effect generally, in relation to cases within a description specified in the direction, or in relation to a particular case.

Before giving a direction under subsection (1), the relevant authority must consult—

Subsection (6) may be satisfied by consultation carried out before the passing of this Act (as well as by consultation carried out after that time).

A relevant authority must publish details of any direction it gives under subsection (1) as soon as reasonably practicable after the direction is given.

A relevant authority may exclude from publication under subsection (8) any information the publication of which would be likely to prejudice the commercial interests of any person.

A person to whom a direction is given under subsection (1) must comply with it, even if the effect of a modification made to an agreement as a result of the direction might amount to a repudiation of the agreement.

The power to give a direction under subsection (1) may not be exercised after the end of the period of three years beginning with the day on which this section comes into force.

A direction under subsection (1) may be varied or revoked by a subsequent direction given by a relevant authority.

In this section—

• “the Independent System Operator and Planner” means the person for the time being designated under section 162(1) of the Energy Act 2023;

• “modify” includes amend, add to and remove (and, in particular, includes making a person a party to an agreement and discharging a party from its obligations under an agreement).

In Schedule 6A to the Electricity Act 1989 (provisions imposing obligations enforceable as relevant requirements)—

Schedule 8 to the Electricity Act 1989 (consents of the Secretary of State and the Scottish Ministers under sections 36 and 37) is amended as follows.

After paragraph 1 insert—

“Applications made to the Scottish Ministers for consent

1A

(1)

The Secretary of State or the Scottish Ministers may by regulations make provision about the following matters in relation to applications to the Scottish Ministers for consent under section 36 or 37.

(2)

The matters are—

(a)

the steps a person must take before making an application;

(b)

the information that must be included in an application;

(c)

an acceptance stage, during which the Scottish Ministers must assess an applicant’s compliance with any requirements imposed by the regulations in order to decide whether or not to accept the application;

(d)

fees to be paid to the Scottish Ministers—

(i)

on application, or

(ii)

for anything done by them in relation to a proposed application;

(e)

requests by the Scottish Ministers for additional information to aid their decision whether or not to accept an application or to grant consent.

(3)

The steps that may be the subject of provision made by virtue of sub-paragraph (2)(a) include—

(a)

notifying prescribed persons of the proposed application,

(b)

publicising the proposed application, and

(c)

carrying out a consultation about the proposed application.”

In paragraph 2 (objections by relevant planning authority)—

After paragraph 2 insert—

“Procedure following objection by relevant planning authority: Scotland

2A

(1)

A reporter appointed under paragraph 2(2A)(a) must make proposals as regards the appropriate procedure for examining the application.

(2)

The appropriate procedure may consist of one or more of the following—

(a)

considering—

(i)

the objection by the relevant planning authority,

(ii)

any other objections made in accordance with regulations under paragraph 3(1)(c), and

(iii)

any other representations made in accordance with an enactment;

(b)

considering new written representations about the application from persons specified by the reporter;

(c)

holding one or more hearing sessions;

(d)

carrying out an inspection of the land to which the application relates;

(e)

holding a public inquiry.

(3)

Where the reporter proposes a procedure that includes proceedings within sub-paragraph (2)(b), (c) or (e), the proposal must include a statement of the issues that are proposed to be within the scope of each of those proceedings.

(4)

The reporter must—

(a)

publish the proposals,

(b)

notify all interested parties of the proposals, and

(c)

invite written representations about the proposals before the end of the time period specified by the reporter.

(5)

The published proposals must include or be accompanied by an explanation of the reasons for the proposals.

(6)

The reporter may hold a meeting to hear representations about the proposals.

(7)

After considering the representations, the reporter must—

(a)

decide on the appropriate procedure for examining the application, and

(b)

publish that decision.

(8)

The published decision must include or be accompanied by an explanation of—

(a)

the reasons for the decision,

(b)

the intended time period for the carrying out of the procedure, and

(c)

the intended time period within which the reporter will send a final report to the Scottish Ministers.

(9)

Sub-paragraph (3) applies to the reporter’s decision as it applies to the reporter’s proposals.

(10)

On completing the examination, the reporter must prepare and send to the Scottish Ministers a final report setting out the reporter’s recommendations on the application.

(11)

In this paragraph, “interested party” means—

(a)

the applicant,

(b)

the relevant planning authority which made the objection under paragraph 2(2A),

(c)

any person who has made an objection in accordance with regulations under paragraph 3, or

(d)

any person who has made representations in accordance with any other enactment.

(12)

The Secretary of State or the Scottish Ministers may by regulations make provision amending or setting out further detail about the procedure set out in this paragraph. (See also paragraph 7B(2)(e).)

(13)

A statutory instrument containing regulations under this paragraph is not to be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(14)

Regulations made by the Scottish Ministers under this paragraph are subject to the affirmative procedure.”

After paragraph 7A insert—

“Applications to the Scottish Ministers: time limits

7B

(1)

The Secretary of State or the Scottish Ministers may by regulations specify a time limit for actions that may or must be taken in relation to an application to the Scottish Ministers for consent under section 36 or 37.

(2)

The regulations may, for example, specify a time limit for—

(a)

a person to comply with a requirement of regulations under paragraph 1A;

(b)

a person to respond to a pre-application consultation (see paragraph 1A(3)(c));

(c)

a person who is notified of an application in accordance with an enactment to provide their opinion or advice on the application;

(d)

a relevant planning authority to object to an application under paragraph 2(2A);

(e)

a reporter to take any steps required by paragraph 2A;

(f)

the Scottish Ministers to decide an application.

(3)

The regulations may include provision about the consequences of failure to comply with a time limit.

(4)

Where regulations under this paragraph specify a time limit for the completion of an acceptance stage (see paragraph 1A(2)(c)), the regulations may not permit the extension of that limit.”

The amendments made by subsection (3) do not affect the continued application in relation to the Scottish Ministers of regulations made under paragraph 2(3) of Schedule 8 to the Electricity Act 1989 before this section comes into force.

Section 36D of the Electricity Act 1989 (proceedings for questioning certain decisions under section 36) is amended as set out in subsections (2) to (4).

For subsection (3) substitute—

“(3)

This section applies to a decision under any of the following—

(a)

section 36 (application for consent for generating station);

(b)

section 36C (application for variation of section 36 consent);

(c)

section 37 (application for consent for overhead lines);

(d)

section 37A (application for variation of section 37 consent);

(e)

section 37B (variation of consents by Scottish Ministers);

(f)

section 37C (consents and variation of consents in Scotland: correction of errors).”

In subsection (4), for “taken” substitute “published by the Scottish Ministers”.

In the heading, for “under section 36” substitute “of the Scottish Ministers”.

In Schedule 8 to the Electricity Act 1989, in paragraph 5B (proceedings for questioning certain decisions under paragraph 3(2)), in sub-paragraph (4), for “taken” substitute “published by the Scottish Ministers”.

In section 237 of the Town and Country Planning (Scotland) Act 1997 (challenges to validity of development plans and certain orders, decisions and directions), in subsection (3), after paragraph (b) insert—

“(ba)

any decision to give a direction under section 57(2) or (2ZA);”.

The amendments made by this section apply only in relation to decisions made on or after the date on which this section comes into force.

The Secretary of State or the Scottish Ministers may by regulations amend the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/101) (the “2017 Regulations”) by making provision described in subsection (2) in connection with environmental impact assessments and applications made to the Scottish Ministers for—

That provision is—

The Secretary of State or the Scottish Ministers may by regulations amend the 2017 Regulations by making provision described in subsection (4) in connection with environmental impact assessments and applications made to the Scottish Ministers for variation of consent granted under section 37 of the Electricity Act 1989.

That provision is—

Regulations under this section may—

Regulations under this section made by the Secretary of State are to be made by statutory instrument.

A statutory instrument containing regulations made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Before making regulations under this section, the Secretary of State must consult the Scottish Ministers.

For regulations under this section made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

Regulations made by the Scottish Ministers under this section are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

Before making regulations under this section, the Scottish Ministers must consult the Secretary of State.

In this section, subject to subsection (13), the following terms have the same meaning as they have in the 2017 Regulations—

• “additional information”

• “the consultation bodies”

• “developer”

• “EIA development”

• “EIA report”

• “environmental impact assessment”

• “environmental information”

• “Schedule 2 development”

• “scoping opinion”

• “screening opinion”.

In subsections (3) and (4), those terms have the same meaning in connection with applications for variation of consent granted under section 37 of the Electricity Act 1989 as they have, in the 2017 Regulations, in connection with applications for variation of consent granted under section 36 of that Act.

The Secretary of State may make regulations about planning permissions or consents relating to wind generating stations that may affect the functioning of a relevant seismic array system.

A “relevant seismic array system” is a spatially distributed system of linked seismometers, arranged so as to enhance the detection and characterisation of seismic signals, that—

The regulations may provide for—

around a relevant seismic array system.

The regulations may—

The regulations may, in relation to a planning application relating to a wind generating station that is (or would be) situated in a restricted zone—

The regulations may—

The regulations may include provision about the procedure for planning applications to which they relate, such as—

The regulations may require a planning decision-maker to have regard to guidance issued by the Secretary of State.

Regulations under this section may—

Regulations under this section are to be made by statutory instrument.

A statutory instrument containing regulations under this section which amend or repeal provision contained in an Act of Parliament or an Act of the Scottish Parliament may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

If a draft of a statutory instrument containing regulations under this section would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

In this section—

• “MCA scheme” means a masterplan consent area scheme made under Part 3 of the Town and Country Planning (Scotland) Act 1997;

• “planning application” means—

  1. (a)

     an application for planning permission under Part 3 or Part 13 of the Town and Country Planning Act 1990,

  2. (b)

     an application for planning permission under Part 3 or Part 12 of the Town and Country Planning (Scotland) Act 1997,

  3. (c)

     an application for an order granting development consent under section 37 of the Planning Act 2008, or

  4. (d)

     an application under section 36 or 36C of the Electricity Act 1989 (consent for construction etc of generating station);

• “planning decision-maker” means a person who determines a planning application;

• “relevant development order” means—

  1. (a)

     a local development order made under section 61A of the Town and Country Planning Act 1990;

  2. (b)

     a Mayoral development order made under section 61DA of that Act;

  3. (c)

     a neighbourhood development order made under section 61E of that Act;

  4. (d)

     a development order made under section 30 of the Town and Country Planning (Scotland) Act 1997;

• “wind generating station” means a generating station that generates electricity from wind.

Schedule 3 to the Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070);

regulation 4(3) and (4) of the Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311).

The Secretary of State may by regulations made by statutory instrument make provision that is consequential on sections 36 to 46.

Regulations under this section may amend—

passed before the end of the session of Parliament in which this Act is passed.

Regulations under this section may include incidental, supplemental, transitional and saving provision.

A statutory instrument containing (whether alone or with other provision) regulations made in reliance on subsection (2) may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Subject to subsection (2), an amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.

Paragraphs 40 and 44 of Schedule 5 extend to England and Wales only.

A provision of this Act, other than an amendment, repeal or revocation, extends to England and Wales only, subject to subsections (4) to (6).

The following provisions extend to England and Wales and Scotland—

The following provisions extend to Scotland only—

Section 116, this section and sections 118 and 119 extend to England and Wales, Scotland and Northern Ireland.

In Part 1—

In Part 2—

Part 3 (including Schedules 3, 4 and 5) comes into force on such day as the Secretary of State may by regulations appoint, except that paragraph 14(2) of Schedule 5 comes into force at the same time as section 106 of the Levelling-up and Regeneration Act 2023.

Part 4 comes into force on such day as the Secretary of State may by regulations appoint.

In Part 5—

In this Part—

The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.

Regulations under this section—

Schedule 3 to ALA 1981 applies to the acquisition of new rights under section 89, with the following modification.

Paragraph 4(2) of that Schedule (orders to be subject to special parliamentary procedure in certain cases involving local authority or statutory undertakers’ land) does not apply to the acquisition of an interest in land by Natural England acting under section 89.

Natural England, and

the person—

Paragraph 3(2) does not apply to—

In sub-paragraph (1) “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990; and “undertaking” is to be read in accordance with section 262 of that Act (meaning of “statutory undertakers”).

Any person who suffers loss by the extinguishment of a right, or the vesting of any apparatus, under paragraph 3 is entitled to compensation from Natural England.

Any compensation payable under this paragraph is to be determined in accordance with the Land Compensation Act 1961.

Section 8(1) of CPA 1965 is to have effect as if references to acquiring land were to acquiring a right in the land.

Schedule 2A to CPA 1965 is to be read as if, for the words of that Schedule, there were substituted—

“Schedule 2A

Counter-notice requiring purchase of land

Introduction

1

(1)

This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory.

(2)

But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).

2

In this Schedule “house” includes any park or garden belonging to a house.

Counter-notice requiring purchase of land

3

A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory.

4

A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.

Response to counter-notice

5

On receiving a counter-notice the acquiring authority must decide whether to—

(a)

withdraw the notice to treat,

(b)

accept the counter-notice, or

(c)

refer the counter-notice to the Upper Tribunal.

6

The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

7

If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

8

If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.

9

If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory.

Determination by Upper Tribunal

10

On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would—

(a)

in the case of a house, building or factory, cause material detriment to the house, building or factory, or

(b)

in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

11

In making its determination, the Upper Tribunal must take into account—

(a)

the effect of the acquisition of the right,

(b)

the proposed use of the right, and

(c)

if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.

12

If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take.

13

If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land.

14

(1)

If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.

(2)

If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.

(3)

Any dispute as to the compensation is to be determined by the Upper Tribunal.”

The provisions of CPA 1965 mentioned in sub-paragraph (2) (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) are to be read as if they were modified in accordance with sub-paragraph (3).

The provisions are—

The provisions are to be read as if they were modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be acquired compulsorily is vested absolutely in the acquiring authority.

The modifications of CP(VD)A 1981 referred to in paragraph 15(a) are as follows.

References to CPA 1965 are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

References to CPA 1965 are to be read as references to that Act as it applies to the compulsory acquisition of a right under section 89.

Section 8(1) (vesting, and right to enter and take possession) is to be read as securing that—

Section 9(2) (right of entry under section 8(1) not exercisable in respect of land subject to certain tenancies unless notice has been served on occupiers of the land) is to be read as requiring a notice served by the appropriate authority under that provision to refer to the authority’s intention to enter land specified in the notice in order to exercise the right.

In section 10(1) (acquiring authority’s liability on vesting of the land), the reference to the acquiring authority’s taking possession of the land under section 11 of CPA 1965 is to be read as a reference to the authority’s exercising the power to enter the land under that provision as modified by paragraph 12 of this Schedule.

Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) is to be read as if—

after “to” insert

“—”;

(a)

at the end insert

“, or

(b)

a condition that Natural England has requested under Part 3 of the Planning and Infrastructure Act 2025 (see sections 61(10) and 95 of that Act).”

after paragraph (2) insert—

“(2A)

Paragraph (1) does not apply to functions exercisable under or by virtue of Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).”;

after paragraph (3) insert—

“(3A)

Paragraph (3) does not apply to functions exercised by a competent authority in connection with an environmental delivery plan within the meaning of Part 3 of the Planning and Infrastructure Act 2025.”

in paragraph (2), at the beginning insert “Subject to paragraph (2A),”;

after paragraph (2) insert—

“(2A)

In the case of a licence granted to Natural England under regulation 55(1) for a purpose specified in any of paragraph (2)(a) to (d) of that regulation, to facilitate the carrying out of any conservation measures, “relevant licensing body” means the Secretary of State.”;

in paragraph (3), at the beginning insert “Subject to paragraph (4A),”;

after paragraph (4) insert—

“(4A)

In the case of a licence that, by virtue of paragraph 4 of Schedule 3 to the Planning and Infrastructure Act 2025, is treated as having been granted to a developer under regulation 55(1) for any of the purposes specified in regulation 55(2)(e) to (g), “relevant licensing body” means—

(a)

so far as the licence relates to the restricted English inshore region, the Marine Management Organisation; and

(b)

otherwise, Natural England.”;

in paragraph (6), for “paragraph (2)” substitute “this regulation”;

at the end insert—

“(7)

In paragraph (2A), “conservation measure” has the same meaning as in Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).”