Chamber and committees

The Scottish Government recently announced a review into how fatal accident inquiries operate. That review follows the publication of Sheriff Collins' determination of the fatal accident inquiry into the deaths of Katie Allen and William Brown in Polmont YOI in 2018. There are however no specific plans for the monitoring of recommendations made following FAIs generally. Each policy area will monitor recommendations of relevance to them.

FAIs cover a number of areas of policy interest. It would be for each Scottish Government policy area to consider if a particular determination or response gave rise to further consideration or action. We would expect any public body to take cognisance of any such 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 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.

Where a planning authority objects to an application made under the Electricity Act 1989 and that objection is not withdrawn, the Scottish Ministers must appoint a reporter to examine the application. Before determining whether to give consent, the Scottish Ministers must consider the objection and the reporter’s report.

The proposed reforms will instead introduce a more proportionate approach, tailored to individual development proposals and the circumstances relating to objections. This would align with established planning appeals processes in Scotland, and reduce the time taken to determine applications.

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.

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

At permission stage of the statutory appeals process, it will continue to be the case that any applicant who demonstrates sufficient interest and that their claim has a reasonable prospect of success can bring a challenge on decisions for onshore electricity consents.

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.