Transmission Steering Group: terms of reference

Transmission Steering Group Terms Of Reference

Background

In response to concerns raised by Transmission Network Operators regarding consenting timescales under Section 37 of the Electricity Act, a short life working group was established in October 2022 at the request of the Scottish Government's former Cabinet Secretary for Net Zero, Energy and Transport.

The group consisted of representatives from the Scottish Government, SSEN Transmission and SPEN. It discussed existing processes and explored opportunities and proposed changes to improve existing consenting procedures.

On 23 September 2023, the working group produced its report "Review of consenting timescales for grid infrastructure under section 37 of the Electricity Act 1989" (the "2023 SLWG Report").

The 2023 SLWG Report explains the background of the group's constitution, the work it had undertaken, and sets the context of the importance of accelerating timescales for grid network applications under the Electricity Act 1989. This is to meet legally binding net zero targets.

The 2023 SLWG Report identified certain recommendations and actions in Table 1. The Scottish Government's Energy Minister reviewed the 2023 SLWG Report and approved the implementation of the actions set out in it.

The Transmission Steering Group ("TSG") has now been established in order to implement priority actions in the 2023 SLWG Report. The TSG will be responsible for allocating actions and monitor and report on their progress.

This document sets out the TSG's Terms of Reference.

Purpose / role of the TSG:

The role of the TSG is as follows:

• To take the lead on facilitating, coordinating and directing activity to streamline consenting processes for section 37 applications by developing proposals across a wide range of stakeholders, consultees and authorities involved in the consenting process.
• To consider and adopt "lessons learned" and best practice from wider UK and Scottish processes.
• To develop an action plan setting out priority actions and implement the recommendations set out in the 2023 SLWG Report to progress the ambition to accelerate determination timescales so that these applications are determined within a 12-month period.
• To allocate actions arising from the recommendations, and to monitor and report on progress against those actions.
• To liaise with other parallel working groups where relevant, including those working on the implementation of the Onshore Wind Sector Deal and those in the Scottish Government consulting on the wider Planning process in Scotland, to ensure coordination and collaborate on actions.
• To develop further understanding on potential longer term legislative changes to procedures for section 37 applications.

Membership:

The TSG Chair has been appointed by the Scottish Government. Members of the TSG will be appointed by the Chair and will comprise representatives of the following Scottish Government Departments and Transmission Operators (the "Member Organisations"):

• Scottish Government – Energy Consents Unit
• SP Energy Networks
• SSEN Transmission
• Scottish Government Planning and Environmental Appeals Division
• Scottish Government Onshore Electricity Policy
• Heads of Planning Scotland

The TSG will also consist of supporting members from:

• Shepherd and Wedderburn LLP
• Burness Paull LLP
• Ironside Farrar

Any other person whom the Chair considers appropriate shall be entitled to attend and speak at any meeting of the TSG.

The TSG may, in certain circumstances, operate subgroups specific to any implementation initiative. Any subgroups will be responsible to the TSG and will report to the TSG bi-monthly.

Governance and Accountability:

• The TSG will be responsible for the implementation of the outputs from the 2023 SLWG Report.
• The members of the TSG will commit the required time and resources to fulfil the role and purpose of the TSG. The members will attend scheduled meetings and progress actions assigned to them within the required timescales.
• The members will work constructively with other members in order to achieve the objectives of the TSG.
• The TSG will report progress against the agreed actions on a bi-monthly basis to senior management within each of the Member Organisations (the "TSG Panel"). Reporting should include the following as a minimum:
  • Programme for delivery of outputs;
  • Progress against programme;
  • Areas if challenge/opportunity; and
  • Additional support/resources required to deliver the outputs.
• In May 2025, there will be a discussion of the members to review the performance of the TSG in respect of its action plan setting out priority actions and the implementation of the recommendations set out in the 2023 SLWG Report.

Meetings

• A Secretary has been nominated by the Chair and will be responsible for supporting the Chair, collating matters arising, recording actions arising from the meetings, agenda items and tracking actions.
• Agenda items will reflect the implementation initiatives.
• Meeting papers will be circulated in advance of the meeting.
• Meetings will be a combination of progress reporting and development workshops.
• Meetings will take place every six weeks, with the flexibility to increase frequency or convene additional meetings/workshops, in order to drive forward actions and progress of deliverables.

Information and resources

• Shepherd and Wedderburn will establish a restricted access filesharing platform where all documentation associated with the administration of the TSG and outputs will be stored.
• The Scottish Government will publish reporting on the final recommendations and associated actions of the TSG within the Energy Consents area of the Scottish Government website.
• All documentation and other information of the TSG will be restricted to the members of the TSG unless wider circulation is agreed by the TSG