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SCOTTISH STATUTORY INSTRUMENTS

2005 No. 295

ELECTRICITY

The Electricity (Applications for Consent) Amendment (Scotland) Regulations 2005

  Made 27th May 2005 
  Laid before the Scottish Parliament 3rd June 2005 
  Coming into force 1st July 2005 

The Scottish Ministers, in exercise of the powers conferred by sections 36(8) and 60(3) of, and paragraph 1(3) of Schedule 8 to, the Electricity Act 1989[1], and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent
     1.  - (1) These Regulations may be cited as the Electricity (Applications for Consent) Amendment (Scotland) Regulations 2005 and shall come into force on 1st July 2005.

    (2) These Regulations shall extend to Scotland only.

Amendment of Regulations
     2.  - (1) The Electricity (Applications for Consent) Regulations 1990[2] shall be amended as follows.

    (2) In regulation 3(1) (interpretation) after "these Regulations-" insert-

    (3) In regulation 11(1) (fee payable on applications for consent) for the Table substitute-


"TABLE
Subject matter of application for consent Fee
     1. Overhead line with a total distance not exceeding 15 km which is not an EIA development

 £150.00
     2. Overhead line with a total distance not exceeding 15 km which is an EIA development

 £2,000.00
     3. Overhead line with a total distance-

     
(a) exceeding 15 km but not exceeding 50 km

 £15,000.00
(b) exceeding 50 km but not exceeding 100 km

 £25,000.00
(c) exceeding 100 km

 £50,000.00
     4. Construction or construction and operation of a generating station of megawatt capacity-

     
(a) not exceeding 100

 £15,000.00
(b) exceeding 100 but not exceeding 200

 £20,000.00
(c) exceeding 200 but not exceeding 500

 £30,000.00
(d) exceeding 500

 £50,000.00
     5. Extension or extension and operation of a generating station resulting in increase in megawatt capacity-

     
(a) not exceeding 100

 £15,000.00
(b) exceeding 100 but not exceeding 200

 £20,000.00
(c) exceeding 200 but not exceeding 500

 £30,000.00
(d) exceeding 500

 £50,000.00
     6. Extension of a nuclear generating station by retrofitting of emission control equipment

 £5,000.00
     7. Any other extension of a generating station

 £1,000.00
     8. Operation only or change to manner of operation of a generating station

 £1,000.00
".


    (4) In regulation 11(2) for "heads 3 to 7" substitute "heads 5 to 8".


ALLAN WILSON
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
27th May 2005


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which come into force on 1st July 2005, amend the Electricity (Applications for Consent) Regulations 1990 ("the principal Regulations"). The principal Regulations apply in relation to applications for consent under section 36 of the Electricity Act 1989 ("the 1989 Act") to construct, extend, operate or change the manner of operation of a generating station, or under section 37 of the 1989 Act, to install or keep installed an electric line above ground.

Regulation 2 increases the application fees payable for consent applications in Scotland by substituting, in regulation 11 of the principal Regulations, tables of new fees. The amended fees and the previously applicable fees are set out in the following table:

Subject matter Previous fee under the Electricity (Applications for Consent) Regulations 1990 Amended fee
Overhead line with a total distance not exceeding 15 km which is not an EIA development (i.e. not requiring an environmental impact assessment) £50 £150.00
Overhead line with a total distance not exceeding 15 km which is an EIA development £50 £2,000.00
Overhead line with a total distance exceeding 15 km but not exceeding 50 km £50 £15,000.00
Overhead line with a total distance exceeding 50 km but not exceeding 100 km £50 £25,000.00
Overhead line with a total distance exceeding 100 km £50 £50,000.00
Construction or construction and operation of a generating station with a capacity not exceeding 100 megawatts Nuclear station: £10,000

Non-nuclear station: £5,000

 £15,000.00
Construction or construction and operation of a generating station with a capacity exceeding 100 megawatts but not exceeding 200 megawatts Nuclear station: £10,000

Non-nuclear station: £5,000

 £20,000.00
Construction or construction and operation of a generating station with a capacity exceeding 200 megawatts but not exceeding 500 megawatts Nuclear station: £24,000

Non-nuclear station: £12,000

 £30,000.00
Construction or construction and operation of a generating station with a capacity exceeding 500 megawatts Nuclear station: £40,000

Non-nuclear station: £20,000

 £50,000.00
Extension or extension and operation of a generating station resulting in increase in megawatt capacity not exceeding 100 megawatts Nuclear station: £10,000

Non-nuclear station: £5,000

 £15,000.00
Extension or extension and operation of a generating station resulting in increase in megawatt capacity exceeding 100 megawatts but not exceeding 200 megawatts Nuclear station: £10,000

Non-nuclear station: £5,000

 £20,000.00
Extension or extension and operation of a generating station resulting in increase in megawatt capacity exceeding 200 megawatts but not exceeding 500 megawatts Nuclear station: £24,000

Non-nuclear station: £12,000

 £30,000.00
Extension or extension and operation of a generating station resulting in increase in megawatt capacity exceeding 500 megawatts Nuclear station: £40,000

Non-nuclear station: £20,000

 £50,000.00
Extension of nuclear generating station by retrofitting of emission control equipment £5,000 £5,000.00
Any other extension of generating station £1,000 £1,000.00
Operation only or change to manner of operation of generating station £1,000 £1,000.00

Notes:

 [1] 1989 c.29. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), article 2 and Schedule 1.back

[2] S.I. 1990/455.back

[3] S.S.I. 2000/320.back


ISBN 0 11 069594 1


 © Crown copyright 2005

Prepared 8 June 2005

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