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Legislation does not currently allow for variations to section 37 consents. Therefore, it has not been possible for the Scottish Government to receive such requests.

The proposed reforms mirror section 36C of the Electricity Act 1989 which makes provision for the Scottish Ministers to vary section 36 consents for construction, operation and extension of generating stations.

The statutory grounds for a Fatal Accident Inquiry were carefully considered by Parliament in 2016 following a review of the law conducted by Lord Cullen. There are no plans to look at this aspect of FAI legislation, although the member will be aware than in January I announced a focussed review of FAIs looking specifically at deaths in custody.

Determinations, recommendations and the response(s) to those recommendations from the body at which they were aimed are published on the website of the Scottish Courts and Tribunals Service and are publicly available. The Scottish Government expects that the individual policy area or public body at which the recommendations were aimed would take action in light of any repeated recommendations.

We have not undertaken a review of ownership, but in line with all fleet vehicles, replacement will be considered when the Tesla’s reach the end of their operational life cycle.

Legislation does not currently allow for modifications, suspensions or revocations consents when errors in consents are found. Should any issues arise, an applicant must apply for a section 36 consent variation and go through the full variation process, including payment of a fee.

The number of section 36 variation applications consented in the past 5 years are as follows:

2024 – 5

2023 – 5

2022 – 4

2021 – 6

2020 – 1

I also refer the member to the answer to question S6W-35884 on 1 April 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.

The scope of the proposed reforms to vary consents without an application will be limited to variations and will not include suspension or revocation of consents. Interested parties will be notified of the proposal and given the opportunity to make representations. Where the variation proposed by the Scottish Government is to amend the consent or its conditions or both due to a change in environmental circumstances or relevant technological changes, the agreement of the consent-holder will be required.

Separately, the proposed reforms intend that the Scottish Government will be enabled to correct errors or omissions made in a consent, where the consent-holder would be notified of the proposed variation and given the opportunity to make representations to the Scottish Government.

The proposed reforms will make pre-application consultation for electricity infrastructure projects a statutory requirement and also introduce an Acceptance Stage when Scottish Ministers can decline to accept applications which have not fulfilled the necessary requirements. These reforms will reduce timescales for processing applications and increase local input into project proposals.

The Scottish Government will publish detailed guidance on the Acceptance Stage and what happens if the relevant planning authority objects or if an application is not accepted.

The proposed reforms will apply to applications for consent under section 36 and section 37 of the Electricity Act 1989 made to Scottish Ministers. Section 36 applications made to Scottish Ministers have a capacity of over 50MW. Therefore, it is not anticipated that the reforms to introduce new fees for pre-application functions will reduce application numbers.

It continues to be critical that statutory consultees need to be adequately resourced and have a skilled workforce to carry out their responsibilities. The Scottish Government will engage and work closely with these bodies as it develops proposals for secondary legislation.

The proposed reforms are about making the determination process more efficient – not making it easier for projects to get consent or undermining thorough scrutiny of environmental impacts. Decisions will continue to be taken by Scottish Ministers on a case-by-case basis, weighing the impacts and benefits of each development.