Chamber and committees

The Scottish Government has acknowledged that there are concerns about the operation of the FAI system. In January of this year, following publication of the determination of the FAI into the deaths of Katie Allen and William Brown at Polmont Young Offenders Institute, 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.

The determination of an FAI will set out the Sheriff's recommendations, which will be aimed at the relevant public body. The Scottish Government would expect any public body to take cognisance of any recommendations.

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.

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 will disadvantage smaller developers or community-led projects.

The costs of providing pre-application services and processing necessary wayleaves are currently paid for through the Scottish Budget. These new powers will allow the Scottish Government to set fees to recover these costs from service users. The standard approach to setting fee levels will be full cost recovery in accordance with guidance set out in the Scottish Public Finance Manual and the introduction of these new fees will all be subject to consultation.

I refer the member to the answer to question S6W-35885 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.

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.

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.