Chamber and committees

The statutory framework for FAIs is the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016. The legislation introduced a requirement for the Sheriff conducting the FAI to make a determination setting out their conclusions and recommendations as soon as possible. Recommendations from a Sheriff must be responded to by the body to whom they are directed. The 2016 Act sets out that the Scottish Courts and Tribunals Service is required to publish the determination and subsequent response from the party to whom the recommendations are directed. The response will normally detail what action has been taken or is proposed to be taken in light of the recommendations. These are published on the Scottish Courts and Tribunals' website and are therefore publicly available.

This information is not held centrally.

The Scottish Government has acknowledged that there are concerns about the operation of fatal accident inquiries. In January of this year the Scottish Government announced a focussed, independent review of the FAI system. This review is to look at the efficiency, effectiveness and trauma-informed nature of investigations into deaths in prison custody.

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 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.

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.

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.

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 make pre-application consultation for electricity infrastructure projects a statutory requirement. This will increase opportunities for meaningful community input.

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.