Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

consent definition

What does consent mean? In legal practice, consent describes a person’s free, informed and voluntary agreement to a proposed act or data use. For data protection, consent is defined in legislation: under the UK GDPR and, in Ireland, the EU GDPR, it is a freely given, specific, informed and unambiguous indication of the data subject’s wishes, signified by a statement or clear affirmative action, agreeing to the processing of personal data. It cannot be inferred from silence, pre‑ticked boxes or inactivity; must be granular and documented; may need to be explicit for special-category data; and can be withdrawn at any time,...

Consent for generating stations under section 36 Electricity Act 1989: PA 2008 exceptions, devolved authorities and MMO roles, marine licences, planning permission, variations and navigation (Great Britain)

Published by a LexisNexis Energy expert

Practice notes

Introduction

Since the development consent regime was introduced by the Planning ACT 2008 (PA 2008), the requirement to obtain consent under section 36 of the Electricity Act 1989 (EA 1989) has been greatly reduced. Nevertheless, s 36 still has application to:

onshore and offshore generating stations in Scotland; and
offshore wind (or water) generators with a capacity between 1 MW and 100 MW (excluding any within Scottish waters or a Renewable Energy Zone for which the Scottish Ministers have functions)

When is s 36 consent required?

EA 1989, s 36(1) bars the construction (at a ‘relevant place’), extension, or operation of a generating station without the consent of the ‘appropriate authority’.

For these purposes, a ‘relevant place’ is a location in Great Britain, in the territorial sea adjacent to Great Britain, or within a Renewable Energy Zone (EA 1989, ss 36(1) and (4)). ‘Renewable Energy Zone’ has the meaning given by Energy Act 2004, s 84.

The ‘appropriate authority’ is ordinarily the Secretary of State, subject to the following exception:

the Scottish Ministers are the appropriate authority for all generating stations in, or to be constructed in, Scotland (where the PA 2008 regime does not...

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Matthew Collinson

Matt has specialised in energy and infrastructure projects since 2006, including in City practice and as an industry consultant. He has spent more than half his career as a general counsel in regulated energy supply and network businesses, and has written extensively on regulation of the gas and electricity sectors....

Web page updated on 21/05/2026

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