Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Application definition

What does Application mean? An application is a procedural request asking a court to make an order, typically during the life of proceedings (an interim/interlocutory application) but sometimes disposing of an issue finally. The concept is descriptive rather than statutorily defined; content and procedure are set by court rules and case law in each jurisdiction. England and Wales: under the Civil Procedure Rules, applications are made by application notice (cpr Part 23), on notice or without notice, supported by evidence (usually a witness statement), and subject to filing fees, service and time limits. Common applications include extensions of time, summary judgment, security...

Section 36 Electricity Act 1989 consents for generating stations: Great Britain application procedure, EIA and inquiry processes, with 2024–2025 Scottish reforms (Planning and Infrastructure Act 2025)

Published by a LexisNexis Energy expert

Practice notes

STOP PRESS: The Planning and Infrastructure ACT 2025 received Royal Assent on 18 December 2025.

This content is presently being reviewed in line with the Act.

What is section 36 of the Electricity Act 1989?

Section 36 of the Electricity Act 1989 (EA 1989) places a statutory obligation on anyone proposing to construct, expand or operate an electricity generating station to secure consent from the ‘appropriate authority’—that is, the Secretary of State (SoS), Scottish Ministers or Welsh Ministers, depending on the location—unless an exemption applies.

Exemptions exist for particular capacities and types of generating stations, for example onshore wind stations in England and Wales, and projects authorised under other legislative consents such as the Planning Act 2008 (PA 2008). With the advent of the development consent regime under PA 2008, the need to seek consent under EA 1989, s 36 has been markedly diminished. Nevertheless, section 36 continues to be pertinent to:

onshore generating stations in Scotland with a capacity exceeding 50 MW
offshore generation stations within Scottish territorial waters or waters within the Scottish part of a Renewable Energy Zone (being an area of sea outside the UK territorial sea over which the...

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Sushma Maharaj

Shakespeare Martineau LLP

Sushma is a highly experienced commercial contracts lawyer advising clients in the energy industry on regulatory and market structures, on how current and future energy sector regulation impact them, and on how to frame their contractual arrangements so as to mitigate risks and liabilities within the regulatory regime that applies to them. She advises on the full range of services arrangements including: concession agreements, connection agreements, supply contracts, operation and maintenance arrangements and asset optimisation services agreements, as well as power purchase agreements (including private wire arrangements and sleeved and synthetic PPAs), and other route to market agreements. Her experience includes a nine month secondment to the Northern Ireland electricity regulator, OFREG; a three month secondment to British Energy and a seven month secondment to Smartest Energy....

Web page updated on 22/05/2026

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