The following Energy practice note Produced in partnership with Matthew Collinson provides comprehensive and up to date legal information covering:
Following the introduction of the development consent regime under the Planning Act 2008 (PA 2008), the need to apply for consent under section 36 of the Electricity Act 1989 (EA 1989) has been significantly reduced.
However, s 36 remains relevant to:
onshore and offshore generating stations in Scotland, and
offshore wind (or water) generators with between 1MW and 100MW capacity (excluding any in Scottish waters or a Renewable Energy Zone in respect of which the Scottish Ministers have functions)
EA 1989, s 36(1) prohibits the construction (at a 'relevant place'), extension or operation of a generating station without the consent of the ‘appropriate authority’. For these purposes, a ‘relevant place’ is a place in Great Britain, in the territorial sea adjacent to Great Britain or in a Renewable Energy Zone (EA 1989, ss 36(1) and (4)). ‘Renewable Energy Zone’ takes its meaning from the Energy Act 2004, s 84.
The ‘appropriate authority’ is generally the Secretary of State, but with the following exceptions:
the Scottish Ministers are the appropriate authority in relation to all generating stations in, or to be constructed in, Scotland (where the PA 2008 regime does not apply). For these purposes, ‘Scotland’ includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Scotland, and any Renewable Energy Zone (or part of
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring infrastructure, with the potential to deliver a project more efficiently and economically. One of the most popular PPP models for procuring infrastructure
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but which are reduced to
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.