The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017

[^key-028e40ea9d27e3f6d17a4873ec5fbb65]: Word in sch. 4 para. 8 substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 14 para. 1(c)

[^key-c67879f63724ffe12906f1ab5f07fe02]: Regulations: power to amend conferred (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 25, 118(1)(l) (with s. 116)

2

Any change to or extension (including a change in the manner or period of operation) of development listed in paragraph 1 of this schedule where such a change or extension in itself meets the thresholds, if any, or description of development set out in this schedule.

1

The carrying out of development (other than development which is Schedule 1 development) to provide any of the following—

• (1) a generating station; or

• (2) an electric line installed above ground—

• (a) with a voltage of 132 kilovolts or more;

• (b) in a sensitive area; or

• (c) the purpose of which installation is to connect the electric line to a generating station the construction or operation of which requires consent under section 36 of the Electricity Act 1989.

2

Any change to or extension (including a change in the manner or period of operation) of development of a description listed in schedule 1 or in paragraph 1 of this schedule where that development is already authorised, executed, or in the process of being executed, and the change or extension may have significant adverse effects on the environment.

3

For the purpose of this schedule—

• “marine protected area” means an area designated as—a nature conservation marine protected area;a demonstration and research marine protected area; ora historic marine protected area,by a designation order made by the Scottish Ministers under section 67 of the Marine (Scotland) Act 2010 ;

• “sensitive area” means any of the following:—a site of special scientific interest;land in respect of which an order has been made under section 23 (nature conservation orders) of the Nature Conservation (Scotland) Act 2004; a European site within the meaning of regulation 8 of the Conservation of Habitats and Species Regulations 2017; a World Heritage site;a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 ;a National Scenic Area as designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997 ;an area designated as a National Park by a designation order made by the Scottish Ministers under section 6(1) of the National Parks (Scotland) Act 2000 ; anda marine protected area;

• “site of special scientific interest” has the same meaning as in section 58(1) of the Nature Conservation (Scotland) Act 2004 ; and

• “World Heritage Site” means land appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage .

Temporary relaxation of requirement for publication of EIA report

14A

Regulation 14(2)(c) applies during the emergency period as if “and the times and places at which” were omitted.

Publicity of determinations and provision of information to the planning authority

Temporary relaxation of requirement for planning authority to make documents available for public inspection

15A

Regulation 15(1) applies during the emergency period as if for “at all reasonable hours” to the end there were substituted “by electronic means”.

Procedure where Scottish Ministers receive an EIA report

Copies of EIA report for the Scottish Ministers

Temporary relaxation of requirement for hard copies of EIA report for the Scottish Ministers

17A

Regulation 17 applies during the emergency period—

• (a) as if paragraphs (1) and (3) were omitted,

• (b) as if in paragraph (2) the words “other than by means of electronic communication” were omitted, and

• (c) as if at the end of paragraph (2)(a) there were inserted “within 6 weeks of the last day of the emergency period”.

Copies of EIA report for the public

Temporary relaxation of requirement for publication of additional information

20A

Regulation 20(3)(c) applies during the emergency period as if “and the times and places at which” were omitted.

Temporary relaxation of requirement to make decision notice available for inspection

23A

Regulation 23 applies during the emergency period as if paragraph (3)(a) were omitted.

Projects in an EEA State likely to have significant transboundary effects