Marine consenting: Section 36 consent
Guidance on section 36 consent requirements for offshore renewable energy generating stations.
Questioning certain decisions
Questioning certain decisions under section 36 of the Electricity Act 1989
Any person that is aggrieved by a decision of the Scottish Ministers in relation to an application for consent under section 36 of the Electricity Act 1989 may make an application to the Inner House of the Court of Session to question the validity, on specified grounds, of the decision (section 36D of the Electricity Act 1989).
The grounds are that:
- the decision is not within the powers of the Scottish Ministers
- one or more of the relevant requirements have not been complied with in relation to the decision
An application to the Inner House of the Court of Session to question the validity of the decision must be made within the period of six weeks beginning with the date on which the decision to which the application relates is taken.
Further information can be found on the Scottish Courts website Court of Session rules.
Questioning certain decisions relating to public inquiries
Any person that is aggrieved by a decision of the Scottish Ministers as to whether a public inquiry should be held with respect to a section 36 consent application can make an application to the Inner House of the Court of Session to question the validity, on specified grounds, of the decision (Paragraph 5B of Schedule 8 of the Electricity Act 1989).
The grounds are that:
- the decision is not within the powers of the Scottish Ministers
- one or more of the relevant requirements have not been complied with in relation to the decision
An application to the Inner House of the Court of Session to question the validity of the decision must be made within the period of six weeks beginning with the date on which the decision to which the application relates is taken.
Further information can be found on the Scottish Courts website Court of Session rules.