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CONSULTATION ON FEES PAYABLE FOR CONSENT UNDER THE ELECTRICITY (APPLICATIONS FOR CONSENT) SCOTLAND REGULATIONS

DescriptionThe purpose of the consultation is to seek views on whether the range of fees associated with applications for consent to build, operate or extend power stations should be adjusted.
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Official Print Publication Date
Website Publication DateDecember 31, 2004

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CONSULTATION ON FEES PAYABLE FOR CONSENT UNDER THE ELECTRICITY (APPLICATIONS FOR CONSENT) SCOTLAND REGULATIONS 1990

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Responding to this consultation paper

We are inviting written responses to this consultation paper by 14 February 2005. Please note that this is a revised consultation paper due to errors in paragraphs 4 and 5 of the previous document. A Regulatory Impact Assessment is being undertaken by the Executive and this paper will be published on the Scottish Executive website athttp://www.scotland.gov.uk/consultationsbefore the end of the consultation period. Responses to the consultation paper should be sent to:

james.thomson.ETLLD@scotland.gsi.gov.uk

or

James P Thomson
Scottish Executive
Enterprise, Transport and Lifelong Learning Department
Second Floor
Meridian Court
Glasgow
G2 6AT

If you have any queries contact James P Thomson on 0141 242 5895.

We would be grateful if you could clearly indicate in your response which questions or parts of the consultation paper you are responding to (using the consultation questionnaire if appropriate) as this will aid our analysis of the responses received.

This consultation, and all other SE consultation exercises, can be viewed online at http://www.scotland.gov.uk/consultations. You can telephone Freephone 0800 77 1234 to find out where your nearest public internet access point is.

The Scottish Executive now has an email alert system for SE consultations ( SEconsult). This system allows stakeholder individuals and organisations to register and receive a weekly email containing details of all new SE consultations (including web links). SEconsult complements, but in no way replaces SE distribution lists, and is designed to allow stakeholders to keep up to date with all SE consultations activity, and therefore be alerted at the earliest opportunity to those of most interest. We would encourage you to register.

Access to consultation responses

We will make all responses available to the public in the Scottish Executive Library by 7 March 2005 and on the Scottish Executive consultation web pages by 7 March 2005, unless confidentiality is requested. All responses not marked confidential will be checked for any potentially defamatory material before being logged in the library or placed on the website.

Respondee Information Form

C. The Scottish Executive Consultation Process

Consultation is an essential and important aspect of Scottish Executive working methods. Given the wide-ranging areas of work of the Scottish Executive, there are many varied types of consultation. However, in general Scottish Executive consultation exercises aim to provide opportunities for all those who wish to express their opinions on a proposed area of work to do so in ways which will inform and enhance that work.

While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body. Consultation exercises may involve seeking views in a number of different ways, such as public meetings, focus groups or questionnaire exercises.

Typically, Scottish Executive consultations involve a written paper inviting answers to specific questions or more general views about the material presented. Written papers are distributed to organisations and individuals with an interest in the area of consultation, and they are also placed on the Scottish Executive web site enabling a wider audience to access the paper and submit their responses 1. Copies of all the responses received to consultation exercises (except those where the individual or organisation requested confidentiality) are placed in the Scottish Executive library at Saughton House, Edinburgh (K Spur, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD, telephone 0131 244 4552).

The views and suggestions detailed in consultation responses are analysed and used as part of the decision making process. Depending on the nature of the consultation exercise the responses received may:

indicate the need for policy development or review
inform the development of a particular policy
help decisions to be made between alternative policy proposals
be used to finalise legislation before it is implemented

If you have any comment about how this consultation exercise has been conducted, please send them to:

Name: James P Thomson
Address: Scottish Executive
Enterprise, Transport and Lifelong Learning Department
Second Floor
Meridian Court
Glasgow
G2 6AT

E-mail: james.thomson.ETLLD@scotland.gsi.gov.uk

Fees payable by applicants for consent under The Electricity (Applications for Consent) Scotland Regulations 1990

Consultation Document

Purpose

1. The purpose of this document is to seek views on firstly, whether the range of fees associated with applications for consent to build, operate or extend power stations under section 36 and 37 of the Electricity Act 1989 should be adjusted with a view to ensuring that they cover the associated costs of the application and secondly, that part of the fee is used to meet the costs of the planning authority. The Electricity Act 1989 specifies that the consent of Scottish Ministers is required for the construction, operation and extension of power stations with an installed capacity in excess of 50 Mega Watts (MW), or in the case of hydro and marine developments 1 MW and for most overhead power lines. Power station developments that fall below these thresholds are considered under the land use planning system.

Why adjust the fees?

2. The Electricity (Applications for Consent) Scotland Regulations 1990 established a range of fees to be paid by applicants under section 36 and 37 of the Electricity Act. These fees, once they are paid by the applicant to the Executive, are required to be paid into the Scottish Consolidated Fund. Some planning authorities have requested that fees for planning consents under these regulations should be regularly reassessed. As consent applications below the relevant Electricity Act thresholds are made directly to the planning authorities under the planning legislation, the costs incurred by them in processing such applications can be recovered from application fees. However, planning authorities receive no part of the fee for applications above the relevant thresholds and some have requested that they should be recompensed for the costs they incur in reviewing such applications. In addition, the current level of fees attracted by the Executive is very low compared with Local Authority fees and in relation to the Executive's costs. The Executive accepts this argument and considers that a scale of increased fees that also allows cost recovery for both the Executive and the planning authorities should greatly improve the efficiency of the process.

What we have considered

3. The Executive has considered the scale of fees, with a view to ensuring that they reasonably represent the cost to the Executive and the planning authorities associated with the processing of applications. In an attempt to encourage speedy consideration of applications, the amount reimbursed to the planning authorities would be reduced if the application is not processed within the specified timescale. The Executive has also considered whether arrangements enabling increased fee income instead of going to the Scottish Consolidated Fund, should be used to fund additional resources within the Executive to deal with processing applications for consent. The proposed revised scale of fees is detailed below and in the draft Electricity (Applications for Consent) (Scotland) (Amendment) Regulations 2005 in Annex A.

Existing and proposed arrangements

4. The table below sets out the existing fees payable under the 1990 regulations and the proposed range which will replace them. The proposed fee of 15,000 is commensurate with the new fees being proposed under the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004. Using this figure as a baseline, the fee totals have been increased to reflect the scale of the application and the resulting increase in Mega Watts/voltage.

Subject Matter of application for consent

Current fee under the Electricity (Applications for Consent) Regulations 1990

Proposed fee

Proposed claim limits for local authorities

Overhead line not an EIA Development (i.e. not requiring an environmental impact assessment)

50

150

N/a

Overhead line which is an EIA Development (i.e. requiring an environmental impact assessment) with a voltage not exceeding 132 kilovolts

50

2,000

N/a

Overhead line which is an EIA Development (i.e. requiring an environmental impact assessment)with a voltage exceeding 132 kilovolts but not exceeding 275 kilovolts

50

15,000

5,000 -10,000

Overhead line which is an EIA Development (i.e. requiring an environmental impact assessment)with a voltage exceeding 275 kilovolts but not exceeding 405 kilovolts

50

25,000

10,000-15,000

Overhead line which is an EIA Development (i.e. requiring an environmental impact assessment) with a voltage exceeding 405 kilovolts

50

50,000

20,000-30,000

Construction or construction and operation of a generating station with a capacity not exceeding 100 megawatts

Nuclear station: 10,000
Non-nuclear station: 5,000

15,000

5,000-10,000

Construction or construction and operation of a generating station with a capacity exceeding 100 megawatts but not exceeding 200 megawatts

Nuclear station: 10,000
Non-nuclear station: 5,000

20,000

7,000-13,000

Construction or construction and operation of a generating station with a capacity exceeding 200 megawatts but not exceeding 500 megawatts

Nuclear station 24,000:
Non-nuclear station: 12,000

30,000

10,000-20,000

Construction or construction and operation of a generating station with a capacity exceeding 500 megawatts

Nuclear station: 40,000
Non-nuclear station: 20,000

50,000

16,000-34,000

Extension or extension and operation of a generating station resulting in increase in megawatt capacity not exceeding 100 megawatts

Nuclear station: 10,000
Non-nuclear station: 5,000

15,000

N/a

Extension or extension and operation of a generating station resulting in increase in megawatt capacity exceeding 100 megawatts but not exceeding 199 megawatts

Nuclear station: 10,000
Non-nuclear station: 5,000


20,000

N/a

Extension or extension and operation of a generating station resulting in increase in megawatt capacity exceeding 200 megawatts but not exceeding 500 megawatts

Nuclear station 24,000:
Non-nuclear station: 12,000

30,000

N/a

Extension or extension and operation of a generating station resulting in increase in megawatt capacity exceeding 500 megawatts

Nuclear station: 40,000
Non-nuclear station: 20,000

50,000

N/a

Extension of nuclear generating station by retrofitting of emission control equipment

5,000

5,000

N/a

Any other extension of generating station

1,000

1,000

N/a

Operation only or change to manner of operation of generating station

1,000

1,000

N/a

Proposed Re-imbursement Arrangements

5. The Executive proposes that under s.37, all overhead line applications not requiring an Environmental Impact Assessment and all overhead line applications requiring an EIA with a voltage not exceeding 132 kilovolts, will have limited impact on local authorities and accordingly no re-imbursement is proposed. For all overhead line applications requiring an EIA with a voltage exceeding 132kv but not exceeding 275kv, local authorities will be able to claim between 5,000 or 10,000 towards their costs. Local authorities will be able to claim up to 10,000 if the application is processed within 4 months. Out with this period local authorities will only be able to claim up to 5,000. For all other categories of overhead lines, re-imbursement will be increased to reflect the scale of the application and the resulting increase in voltage.

6. For applications under s.36 consents, local authorities will be able to claim between 5,000 or 10,000 towards their costs of processing applications not exceeding 100 Mega Watts. If the application is processed within 4 months, local authorities will be able to claim up to 10,000. Out with this period local authorities will only be able to claim up to 5,000. For all applications exceeding 100MW, re-imbursement will be increased to reflect the scale of the application and the resulting increase in Mega Watts.

7. There is no proposed re-imbursement fee for extension applications as these mostly impact on the Executive. In order to be re-imbursed, local authorities will be required to submit an invoice to the Executive with an appropriately detailed breakdown of the costs incurred.

questionnaire

ANNEX A

Scottish Statutory Instruments

2005 No.
ELECTRICITY

The Electricity (Applications for Consent) Amendment (Scotland) Regulations 2005

Made----

2005

Laid before the Scottish Parliament

2005

Coming into force--

2005

The Scottish Ministers, in exercise of the powers conferred by sections 36(8) and 60(3) of, and paragraph 1(3) of Schedule 8 to the Electricity Act 1989( 2), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

1. - (1) These Regulations may be cited as the Electricity (Applications for Consent) Amendment (Scotland) Regulations 2004 and shall come into force on [ ] 2005.

(2) These Regulations shall extend to Scotland only.

Amendment of Regulations

2. - (1) The Electricity (Applications for Consent) Regulations 1990( 3) shall be amended as follows.

(2) In regulation 3(1) after "these Regulations-" insert-

""EIA Development" has the same meaning as set out in regulation 2(1) of the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000( 4);".

(3) In regulation 11(1) for the Table substitute:

TABLE

Subject matter of application for consent

Fee

1. Overhead line which is not an EIA Development

150

2. Overhead line which is an EIA Development with a voltage-
(a) not exceeding 132 kilovolts
(b) exceeding 132 kilovolts but not exceeding 275 kilovolts
(c) exceeding 275 kilovolts but not exceeding 405 kilovolts
(d) exceeding 405 kilovolts


2,000
15,000
25,000
50,000

3. Construction or construction and operation of a generating station of megawatt capacity-
(a) not exceeding 100
(b) exceeding 100 but not exceeding 200
(c) exceeding 200 but not exceeding 500
(d) exceeding 500


15,000
20,000
30,000
50,000

4. Extension or extension and operation of a generating station resulting in increase in megawatt capacity -
(a) not exceeding 100
(b) exceeding 100 but not exceeding 200
(c) exceeding 200 but not exceeding 500
(d) exceeding 500



15,000
20,000
30,000
50,000

5. Extension of a nuclear generating station by retrofitting of emission control equipment

5,000

6. Any other extension of a generating station

1,000

7. Operation only or change to manner of operation of a generating station

1,000

(4) In regulation 11(2) substitute "heads 3 to 7" with "heads 4 to 7".

Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
21 December 2005

EXPLANATORY NOTE
(This note is not part of the Order)

These Regulations, which come into force on [ ] 2005, amend the Electricity (Applications for Consent) Regulations 1990 ("the 1990 Regulations"). The 1990 Regulations apply in relation to applications for consent under section 36 of the Electricity Act 1989 ("the 1989 Act") to construct, extend, operate or change the manner of operation of a generating station, or under section 37 of the 1989 Act, to install or keep installed an electric line above ground.

Regulation 2 increases the application fees payable for consent applications in Scotland by substituting, in regulation 11 of the 1990 Regulations, tables of new fees. The amended fees and the previously applicable fees are set out in the following table:

Subject Matter of application for consent

Current fee under the Electricity (Applications for Consent) Regulations 1990

Proposed fee

Overhead line not an EIA Development (i.e. not requiring an environmental impact assessment)

50

150

Overhead line which is an EIA Development (i.e. requiring an environmental impact assessment) with a voltage not exceeding 132 kilovolts

50

2,000

Overhead line which is an EIA Development (i.e. requiring an environmental impact assessment)with a voltage exceeding 132 kilovolts but not exceeding 275 kilovolts

50

15,000

Overhead line which is an EIA Development (i.e. requiring an environmental impact assessment)with a voltage exceeding 275 kilovolts but not exceeding 405 kilovolts

50

25,000

Overhead line which is an EIA Development (i.e. requiring an environmental impact assessment) with a voltage exceeding 405 kilovolts

50

50,000

Construction or construction and operation of a generating station with a capacity not exceeding 100 megawatts

Nuclear station: 10,000
Non-nuclear station: 5,000

15,000

Construction or construction and operation of a generating station with a capacity exceeding 100 megawatts but not exceeding 199 megawatts

Nuclear station: 10,000
Non-nuclear station: 5,000

20,000

Construction or construction and operation of a generating station with a capacity exceeding 199 megawatts but not exceeding 500 megawatts

Nuclear station 24,000:
Non-nuclear station: 12,000

30,000

Construction or construction and operation of a generating station with a capacity exceeding 500 megawatts

Nuclear station: 40,000
Non-nuclear station: 20,000

50,000

Extension or extension and operation of a generating station resulting in increase in megawatt capacity not exceeding 100 megawatts

Nuclear station: 10,000
Non-nuclear station: 5,000

15,000


Extension or extension and operation of a generating station resulting in increase in megawatt capacity exceeding 101 megawatts but not exceeding 199 megawatts


Nuclear station: 10,000
Non-nuclear station: 5,000


20,000

Extension or extension and operation of a generating station resulting in increase in megawatt capacity exceeding 199 megawatts but not exceeding 500 megawatts

Nuclear station 24,000:
Non-nuclear station: 12,000

30,000

Extension or extension and operation of a generating station resulting in increase in megawatt capacity exceeding 500 megawatts

Nuclear station: 40,000
Non-nuclear station: 20,000

50,000

Extension of nuclear generating station by retrofitting of emission control equipment

5,000

5,000

Any other extension of generating station

1,000

1,000

Operation only or change to manner of operation of generating station

1,000

1,000

ANNEX B

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