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.

Briefings from Gateley

  • Who owns a bribe?

    Where an agent receives a bribe or secret commission in breach of the duties they owe their principal, who does it belong to?

  • Top tips for a successful completion meeting

    Some say there are few things more stressful than buying or selling a company. Gateley presents its top tips to help things run smoothly when the big day finally arrives.

View more briefings from Gateley

Analysis from The Lawyer

Overview

111 Edmund Street
Birmingham
B3 2HJ
UK
http://www.gateleyuk.com/news-and-events/social-media/

Turnover (£m): 66.00
No. of Lawyers: 372