Energy Consents Unit obligations and staffing: EIR release

Information requested

1. Why does the ECU - Energy Consents Unit not have a statutory obligation to publish ALL representations submitted before the specified closing date in a timely manner? Who in Scottish Government is ultimately responsible for ECU, it's working practises and it's portal?

2. How many people are employed with the ECU in;-

• Data entry roles - getting representations on to the ECU portal?
• Making decisions on applications submitted - ie granting or not granting applications? Please respond provide numbers as full time equivalent roles so that figures provided are tangible.

3. What is the required process for change? IE to have the ECU's currently non statutory obligations {failings} made a statutory obligation?

Response

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

I will respond to each of your questions in turn.

1. The Energy Consents Unit (ECU) does not have a statutory obligation to publish all representations submitted before the specified closing date because current legislation does not impose such a requirement.

Representations may be submitted to the Scottish Ministers in accordance with the statutory timeframes outlined in public notices published on the ECU Portal. These representations are managed to ensure that, wherever possible, the material issues they raise are considered prior to any decision being made by the Scottish Ministers.

The ECU is a division within the Energy and Climate Change Directorate, responsible for processing applications for energy infrastructure projects that are determined by the Scottish Ministers. The ECU operates in accordance with relevant legislation, under minister Gillian Martin MSP, Cabinet Secretary for Climate Action and Energy. For further details on ministerial responsibilities, please refer to the official government website:

https://www.gov.scot/about/who-runs-government/cabinet-and-ministers/cabinet-secretary-for-climate-action-and-energy/ 

2. The ECU does not have designated 'data entry' roles. However, as of March 2025, three full-time staff members had responsibilities that included preparing public representations for publication. At that time, a total of 58.75 full-time equivalent (FTE) staff were engaged in processing applications, many of which involved a high volume of complex cases. In addition to other priorities, Case Managers publish representations on the ECU Portal as and when capacity allows.

The ECU processes applications in accordance with the relevant legislation and regulatory frameworks. It is the Scottish Ministers who have responsibility for determining applications relating to onshore generating stations with a capacity greater than 50MW and overhead line transmission infrastructure, under sections 36 and 37 of the Electricity Act 1989.

When an application is ready to be determined (either with or without a public inquiry taking place), the Scottish Ministers will consider all relevant material available to them before making any decision on an application. They will take into account the application documentation, EIA report, additional information if applicable, consultation responses, representations and any other material information in making the decision. The merits of each proposal are considered on a case by case basis and In reaching their decision, the Scottish Ministers will determine applications in accordance with legislative requirements and relevant policy.

For more information on the application process, including how determinations are made please refer to link below:

https://www.gov.scot/policies/energy-infrastructure/energy-consents/

3. The ECU is required to accept and process applications under Sections 36 and 37 of the Electricity Act 1989. This legislation is reserved i.e. it remains the responsibility of the UK Parliament alone. This means that, though Scottish Ministers are responsible for determining energy consents, they do not have the legal powers to make changes to regulations that are part of the energy consenting process, including making items statutory.

Scottish legislation is changed through a process involving Bills and stages of scrutiny within the Scottish Parliament. A bill is a proposal for a new law or a major change to an existing one. Most bills are introduced to the Scottish Parliament by the Scottish Government and the process begins with the formulation of policy by the government.

In March 2025 the UK Government published its Planning and Infrastructure Bill, clauses 14-20 of which contain reforms to consenting energy infrastructure in Scotland which would grant new powers to Scottish Ministers. As soon as the Bill receives Royal Assent, the Scottish Government will begin a process of consultation and preparation for secondary legislation to ensure that the reforms are implemented as effectively as possible.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.