Electricity Act 1989 - sections 36 and 37: applications guidance

This good practice guidance sets out the procedure for applications for onshore generating stations and overhead lines under sections 36 and 37 of the Electricity Act 1989, where the development concerned is development requiring environmental impact assessment.

2. Application and Determination Process

2.1. Key stages

2.1.1 To ensure an efficient process, the ECU expects all parties to actively participate and respond timeously at all times throughout the application and determination process.

2.1.2 Figure 1 below sets out the key stages of the application process. Further information and detail on each stage is provided in the following sections.

Figure 1: Application and determination process under the Electricity Act
Flowchart depicting the application and determination process for a section 36 or section 37 application. The flowchart shows the stages of the process in order, including:

•	Pre-application discussion between ECU and the applicant
•	Pre-application consultation and engagement that will be undertaken by the applicant throughout the process until submission of the application
•	The application of the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017
•	Submission of a screening request by the applicant (which is not mandatory)
•	Issue of a screening opinion by the Scottish Ministers
•	Submission of a scoping request by the applicant (which is not mandatory)
•	Issue of a scoping opinion by the Scottish Ministers 
•	Submission of the application to ECU by the applicant
•	Processing of the application in line with the Electricity Act 1989, the EIA Regulations, and the Electricity (Applications for Consent) Regulations 1990, including notification and consultation
•	Referral of the application to a public inquiry held by the Directorate for Planning and Environmental Appeals, where applicable
Determination by the Scottish Ministers


Email: Econsents_Admin@gov.scot

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