Applications under the Electricity Act 1989: fees charged

Papers for the Scottish Government's consultation on proposals to revise the fees required by the Electricity (Applications for Consent) Regulations 1990.


Scottish Ministers are responsible for determining applications for consent for onshore generating stations with installed capacity exceeding 50 MW and overhead power lines in Scotland under sections 36 and 37 of the Electricity Act 1989 respectively. The Electricity (Applications for Consent) Regulations 1990 and Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 apply to such applications, which are processed on behalf of Scottish Ministers by the Scottish Government's Energy Consents Unit. The Scottish Ministers are also responsible for determining applications for consent for generating stations with installed capacity exceeding 1 MW in Scottish Territorial waters and over 50 MW in the Scottish Renewable Energy Zone ( REZ). Such applications are processed on behalf of Scottish Ministers by Marine Scotland Licensing Operations Team. We publish details of our applications online at and

In the marine environment in addition to the requirement to obtain a section 36 consent a marine licence with a separate fee structure is required under the Marine Scotland Act 2010 and under the Marine and Coastal Access Act 2009. Details can be checked online at

Our ambition in discharging our administrative function is to deliver certainty around our application processes and timescales, to be inclusive and transparent in the work that we do and to deliver an efficient service to all of our stakeholders which focusses on high quality outcomes.

Our draft energy strategy and National Marine Plan signal the opportunities to shape our future energy system, and to help tackle the challenges of climate change, affordability of energy, and the efficiency of our energy use. The supply of safe, reliable energy underpins the continued growth of the Scottish economy and delivery of key services. Our energy industry provides high quality jobs and a vibrant climate for innovation.

We continue to receive a significant volume of applications for complex energy infrastructure proposals, and wish to reflect upon whether we are properly resourced to deliver the standard of service that our stakeholders wish to see, and to promote the development of the wide range of low carbon and onshore and offshore renewable energy technologies in Scotland as part of the increasingly diverse and dynamic energy mix that the Scottish Government wants to achieve.

In accordance with the Scottish Public Finance Manual, the Scottish Government adopts the principle that there should be full cost recovery for all public services, including those associated with discharging consenting functions under the Electricity Act 1989. We have clear evidence that there has been a shortfall in cost recovery for a number of years, which is now impeding our ability to resource our consenting functions in the manner to which we aspire. We are reviewing the fees that we charge, to maintain service delivery and to support future improvement. This consultation sets out our proposals in detail and seeks your views on them.


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