Electricity Act 1989 - application fees: consultation

1. Introduction and about this consultation

1.1. Introduction

1.1.1 The Scottish Ministers are responsible for determining applications for consent under sections 36, 36C and 37 of the Electricity Act 1989 (“the Electricity Act”). These applications are for onshore generating stations with an installed capacity exceeding 50 Mega Watts (“MW”) and overhead power lines in Scotland. Such applications are processed on behalf of Scottish Ministers by the Energy Consents Unit (“ECU”). The Scottish Ministers are also responsible for determining applications for consent for generating stations with an installed capacity exceeding 1MW in Scottish Territorial waters and over 50MW in the Scottish Renewable Energy Zone. These applications are processed on behalf of Scottish Ministers by Marine Scotland Licensing Operations Team.

1.1.2 The current fee tariff and structure for these applications under the Electricity Act came into force on 30 June 2019 through the introduction of The Electricity (Applications for Consent and Variation of Consent) (Fees) (Scotland) Regulations 2019 (“Fees Regulations 2019”).

1.1.3 We are reviewing application fees due to a shortfall between the cost of running the ECU and Marine Scotland Licensing Operations Team and the income from application fees. It is also anticipated that a significant number of new applications are to be submitted in the next one to three years and we wish to ensure the service is fully resourced.

1.2. About this consultation

1.2.1 The purpose of this consultation is to seek views on the proposed increases and changes to the current fee tariffs as set out in the Fees Regulations 2019. The proposed increases and changes to the fees for applications under the Electricity Act are set out in Table A on page 9 of this document.

1.3. Responding to this consultation

1.3.1 We are inviting responses to this consultation by 23 June 2022.

1.3.2 Please respond to this consultation using the Scottish Government’s consultation hub, Citizen Space (http://consult.gov.scot). Access and respond to this consultation online at https://consult.gov.scot/energy-and-climate-change-directorate/changes-to-fees-electricity-act-applications. You can save and return to your responses while the consultation is still open. Please ensure that consultation responses are submitted before the closing date of 23 June 2022.

1.3.3 If you are unable to respond using our consultation hub, please complete the Respondent Information Form published alongside this document - available at https://consult.gov.scot/energy-and-climate-change-directorate/changes-to-fees-electricity-act-applications - and send this along with your response to:

Email: feesreview2022@gov.scot

Or write to us at:

Energy Consents Unit 5 Atlantic Quay 150 Broomielaw Glasgow G2 8LU

1.3.4 If you respond using the consultation hub, you will be directed to the About You page before submitting your response. Please indicate how you wish your response to be handled and, in particular, whether you are content for your response to published. If you ask for your response not to be published, we will regard it as confidential, and we will treat it accordingly.

1.3.5 All respondents should be aware that the Scottish Government is subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise.

1.3.6 To find out how we handle your personal data, please see our privacy policy: https://www.gov.scot/privacy/

1.4. Next steps in the process

1.4.1 Where respondents have given permission for their responses to be made public, and after we have checked that they contain no potentially defamatory material, responses will be made available to the public at: http://consult.gov.scot. If you use the consultation hub to respond, you will receive a copy of your response via email.

1.4.2 Following the closing date, all responses will be analysed and considered along with any other available evidence to help us. Responses will be published where we have been given permission to do so. An analysis report will also be made available.

1.5. Comments and complaints

If you have any comments about how this consultation exercise has been conducted, please send them to the contact address above or at feesreview2022@gov.scot

1.6. Scottish Government consultation process

1.6.1 Consultation is an essential part of the policymaking process. It gives us the opportunity to consider your opinion and expertise on a proposed area of work.

1.6.2 You can find all our consultations online: http://consult.gov.scot. Each consultation details the issues under consideration, as well as a way for you to give us your views, either online, by email or by post.

1.6.3 Responses will be analysed and used as part of the decision making process, along with a range of other available information and evidence. We will publish a report of this analysis for every consultation. Depending on the nature of the consultation exercise the responses received may:

• indicate the need for policy development or review
• inform the development of a particular policy
• help decisions to be made between alternative policy proposals
• be used to finalise legislation before it is implemented

1.6.4 While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body.