Will electricity consent applications be Trumped?

In a previous blog post, Gateley discussed the wider implications of the Shetland wind farm ruling in the Outer House of Scotland’s Court of Session in late September 2013. In that case, it was ruled that (contrary to established industry practice) any organisation wishing to apply to construct a new power station with a generating capacity of more than 50MW (in terms of section 36 of the Electricity Act 1989) requires a generation licence to be obtained from Ofgem to begin with.

The Scottish government’s appeal against that ruling is ongoing in the Inner House of the Court of Session. A hearing in that appeal took place in late February 2014. Pending resolution of the matter, the Scottish government is continuing to deal with applications for section 36 consent in line with previous practice — i.e. on the basis of the Scottish government’s continuing view that that no such licence is required.

Meanwhile, another judicial challenge has resulted in the Outer House again requiring to consider and rule on the very same point of law considered in the Shetland case…

Click on the link below to read the rest of the Gateley briefing.

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