OBJECTNOW KNOWLEDGE BASE

Scotland: Section 36 & 37 - Participation and Examination

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What happens after the representation period closes on a Section 36 or 37 application?

The end of the advertised representation period does not mean that the application is about to be decided. The Energy Consents Unit continues processing the application for the Scottish Ministers, considers consultation responses and representations, and may require further information before the application can be determined.

If the relevant planning authority has made an objection that engages the current Schedule 8 procedure, a reporter-led examination may follow. The reporter determines a proportionate examination procedure. That can include considering existing objections and representations, requesting new written representations, holding hearing sessions, inspecting the land and/or holding a public inquiry.

If additional environmental information is formally requested and submitted, the applicable EIA procedure can require further publicity and consultation. Always follow the notices and deadlines issued for the individual application.

Sources and further information

Scottish Government: Energy consents guidance and resources https://www.gov.scot/collections/energy-consents-guidance-and-resources/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Last checked: 25 September 2026

What is a reporter in a Scottish Section 36 or 37 examination?

A reporter is the person appointed to examine a Section 36 or 37 application where the statutory reporter-led examination procedure applies. The reporter is independent of the applicant and carries out the examination before preparing a final report and recommendations for the Scottish Ministers.

Under the procedure introduced by the Planning and Infrastructure Act 2025, the reporter proposes how the application should be examined, invites representations on that proposed procedure, decides the final procedure and then conducts the examination. The Scottish Ministers remain the decision makers on whether consent should be granted.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

What procedures can a reporter use to examine a Section 36 or 37 application?

The current statutory examination procedure is deliberately flexible. A reporter may use one or more methods depending on what is proportionate for the application and the unresolved issues.

The available methods include considering existing objections and representations, seeking new written representations from specified people, holding hearing sessions, carrying out a site inspection and holding a public inquiry. A public inquiry is therefore one possible procedure, not an automatic feature of every examination.

Where the reporter proposes new written representations, hearing sessions or a public inquiry, the proposed procedure must identify the issues intended to fall within the scope of those proceedings.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

What is a pre-examination meeting?

A pre-examination meeting is a procedural meeting used to discuss how an examination should be conducted. It is not normally the place to argue the full planning merits of the development.

Under the current reporter-led Section 36 and 37 process, the reporter publishes proposed examination procedures and invites written representations about them. The legislation also allows the reporter to hold a meeting to hear representations about those proposals before deciding the final examination procedure.

If a pre-examination meeting is arranged, read the reporter's agenda and directions carefully. The discussion may cover matters such as the issues requiring further examination, the procedure to be used, participants, timetabling and the efficient management of the case.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

What is the difference between a hearing and a public inquiry?

Both are ways of examining issues orally, but they are different forms of procedure.

A hearing is generally a reporter-led structured discussion. It is intended to explore specified issues without the full formality associated with an inquiry. A public inquiry is the more formal procedure and may involve witnesses giving evidence and that evidence being tested through questioning or cross-examination, subject to the reporter's directions.

The reporter decides which procedure is appropriate to the issues requiring examination. An application may be examined using written material alone, a hearing, an inquiry, a site inspection or a combination of procedures.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

Does every Section 36 or 37 examination involve a hearing or public inquiry?

No. The legislation allows the reporter to choose a proportionate examination procedure. Some issues may be capable of being examined from the existing written material, while others may require further written representations, a hearing, a site inspection or a public inquiry.

The reporter must publish proposed procedures, explain the reasons for them, invite representations and then publish the final procedural decision. This is one reason it is important to read the procedure notices for the individual case rather than assuming that an examination will follow a particular format.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

What are 'specified matters' in a hearing or inquiry?

Specified matters are the particular issues that the reporter has identified for examination through a given procedure. They define the scope of what that hearing, inquiry or requested written submission is intended to address.

Under the current Section 36 and 37 examination provisions, where the reporter proposes new written representations, hearing sessions or a public inquiry, the proposal must state the issues intended to be within the scope of each proceeding.

If you are participating, structure your material around those identified issues. Trying to use a session about one specified matter to reopen unrelated arguments can make your contribution less effective and may be restricted by the reporter.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

What are further written representations?

Further written representations are additional written submissions requested as part of an examination after the initial application material and representations have already been considered.

The current legislation allows the reporter to seek new written representations from people specified by the reporter. The request should be read carefully because it may identify particular issues that require additional evidence or explanation.

A further written round is not automatically an invitation to repeat the whole objection. Answer the issues identified by the reporter, comply with the stated deadline and follow any directions about length, documents or service on other parties.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

Can a Section 36 or 37 case be examined using the existing written material only?

Yes. The statutory procedure expressly allows the reporter to consider the planning authority's objection, other objections and other representations already made in accordance with the relevant legal framework.

If the reporter considers that the written material is sufficient for particular issues, there may be no need for an oral session on those issues. This is why the quality of the original representation matters: an objector should not assume that there will later be an opportunity to explain an incomplete point in person.

Sources and further information

Scottish Government: Energy consents guidance and resources https://www.gov.scot/collections/energy-consents-guidance-and-resources/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Last checked: 25 September 2026

What is a site inspection by a reporter?

A site inspection allows the reporter to see the application site and its surroundings directly. Under the current Section 36 and 37 examination procedure, inspection of the land is one of the methods a reporter can use when examining an application.

A site inspection is not normally an opportunity to deliver a new speech about the merits of the case. Established DPEA practice is that people attending an accompanied inspection may point out relevant physical features and answer factual questions, while substantive argument belongs in the formal written or oral procedures unless the reporter specifically permits discussion.

Follow the reporter's instructions for the individual inspection.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

Can I argue my case to the reporter during a site inspection?

Normally, no. The purpose of a site inspection is to allow the reporter to understand the physical location and its relationship to the issues in the case.

Established DPEA procedural guidance says that participants at an accompanied inspection may point out physical features or respond to factual questions, but should not discuss the merits unless the reporter expressly allows relevant discussion. Use your written submissions, hearing or inquiry for substantive argument.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

What is an EIA screening opinion?

EIA screening is the process used to decide whether a proposed development requires Environmental Impact Assessment under the applicable EIA regulations. The decision is concerned with whether the development is likely to have significant effects on the environment because of factors such as its nature, size or location.

For Scottish electricity works, the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 provide the relevant EIA framework. Screening should not be confused with the later assessment of whether the development should receive consent: it determines whether EIA is required, not whether the project is acceptable.

Sources and further information

Scottish Government: Energy consents - how to apply https://www.gov.scot/publications/energy-consents-how-to-apply/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Scottish Government: application procedure and publicity requirements https://www.gov.scot/publications/energy-consents-application-procedure-and-publicity-requirements/

Last checked: 25 September 2026

What is EIA scoping?

Scoping is the process of identifying the environmental topics and level of information that should be addressed in an Environmental Impact Assessment Report.

It helps focus the EIA on the likely significant environmental effects of the proposed development. Scoping does not prevent an important issue from being considered later merely because it was not anticipated perfectly at the scoping stage, and the eventual EIA Report must still satisfy the applicable legal requirements.

For a live project, the scoping opinion and consultation responses can be useful documents because they show what issues consultees asked the developer to investigate.

Sources and further information

Scottish Government: Energy consents - how to apply https://www.gov.scot/publications/energy-consents-how-to-apply/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Scottish Government: application procedure and publicity requirements https://www.gov.scot/publications/energy-consents-application-procedure-and-publicity-requirements/

Last checked: 25 September 2026

What is additional or supplementary environmental information?

Additional or supplementary environmental information is information provided after the original application and EIA Report, often because the Scottish Ministers or consultees consider that further material is needed to assess the environmental effects properly.

Scottish Government guidance confirms that Ministers may request supplementary information and that consultation begins again when that information is received. The publicity requirements depend on the applicable regulations and the nature of the information.

For objectors, a new information round should be treated as a fresh evidence-review exercise. Compare the new material with the original application, identify what has changed and focus on whether the new information resolves, changes or creates relevant environmental issues.

Sources and further information

Scottish Government: Energy consents - how to apply https://www.gov.scot/publications/energy-consents-how-to-apply/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Scottish Government: application procedure and publicity requirements https://www.gov.scot/publications/energy-consents-application-procedure-and-publicity-requirements/

Last checked: 25 September 2026

Can I respond when a developer submits additional environmental information?

Yes, where the applicable procedure opens a new consultation or representation period. Scottish Government guidance states that when supplementary information requested for an EIA application is received, the consultation process begins again.

Read the new public notice carefully. It will identify the material being consulted upon, the deadline and the permitted method for making representations. A useful response should engage with the new information rather than simply resubmitting the original objection unchanged.

Sources and further information

Scottish Government: Energy consents - how to apply https://www.gov.scot/publications/energy-consents-how-to-apply/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Scottish Government: application procedure and publicity requirements https://www.gov.scot/publications/energy-consents-application-procedure-and-publicity-requirements/

Last checked: 25 September 2026

How should I use an EIA Report when preparing an objection?

Treat the EIA Report as evidence to interrogate rather than a document that must simply be accepted or rejected as a whole. Identify the chapters relevant to your concerns, understand the methodology used, check the baseline evidence, examine the predicted effects and then look at the mitigation relied upon to reduce those effects.

Useful questions include whether the surveys are current and representative, whether assumptions are explained, whether cumulative developments have been included, whether mitigation is specific and deliverable, and whether the conclusions follow from the evidence presented.

An effective objection should identify the document, chapter, figure, table or assumption being challenged wherever possible. That makes the point easier for the decision maker and consultees to test.

Sources and further information

Scottish Government: Energy consents - how to apply https://www.gov.scot/publications/energy-consents-how-to-apply/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Scottish Government: application procedure and publicity requirements https://www.gov.scot/publications/energy-consents-application-procedure-and-publicity-requirements/

Last checked: 25 September 2026

What documents should I identify when relying on evidence in an examination?

Identify documents precisely enough that the reporter and other participants can find the material you rely upon. Use the document title, author or publisher where relevant, date, application document reference and page, paragraph, figure or table number where possible.

Do not assume that attaching a large document tells the reporter which part matters. Explain the proposition you rely on and point to the exact supporting material.

If the reporter issues procedural directions about document lists, hearing statements, inquiry statements, precognitions or submission bundles, those directions take priority.

Sources and further information

Scottish Government: Energy consents guidance and resources https://www.gov.scot/collections/energy-consents-guidance-and-resources/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Last checked: 25 September 2026

What is a hearing statement?

A hearing statement is a written document used where the reporter directs a participant to set out the case they intend to make on the matters assigned to a hearing session.

It should focus on the specified matters, identify the documents the participant intends to rely upon and comply with the reporter's procedure notice. A hearing is generally a structured discussion led by the reporter rather than a cross-examination process, so the statement should help the reporter and other participants understand the position before the session begins.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

What is an inquiry statement?

An inquiry statement sets out the case a participant proposes to advance on the matters specified for a formal inquiry session. It can include a list of documents relied upon and details of witnesses who will give evidence.

The precise requirements are controlled by the reporter's procedure notice and the rules or directions applying to the case. Because an inquiry may involve formal evidence and cross-examination, the statement should be organised around the specified matters and the evidence that will actually be presented.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

What is a precognition?

A precognition is a written statement of the evidence that a witness intends to give at an inquiry. It allows the reporter and the other parties to understand that witness's evidence before the oral session.

The reporter's directions control whether a precognition is required, its permitted length and when it must be submitted. It should contain the witness's evidence, not simply duplicate an organisation's entire case or introduce unrelated material.

Sources and further information

Scottish Government: Energy consents guidance and resources https://www.gov.scot/collections/energy-consents-guidance-and-resources/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Last checked: 25 September 2026

Can I introduce completely new evidence at the end of an examination?

You should not assume that you can. Fair procedure requires parties to have a reasonable opportunity to know and respond to material being relied upon.

Closing submissions are normally used to draw together the evidence and arguments already before the reporter rather than to introduce a new evidential case at the last moment. If genuinely new information arises, follow the reporter's directions and raise the issue with the case officer rather than attempting to insert it into a closing statement without permission.

Sources and further information

Scottish Government: Energy consents guidance and resources https://www.gov.scot/collections/energy-consents-guidance-and-resources/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Last checked: 25 September 2026

What is a closing submission?

A closing submission is a final written or oral summary of a participant's case after the relevant evidence has been heard or considered. Its purpose is to explain what conclusions the reporter should draw from the material already before the examination.

A good closing submission is selective. It identifies the important evidence, explains how it relates to the specified issues and avoids simply repeating every earlier document. It is generally not the stage for introducing an entirely new case that other participants have had no opportunity to answer.

Sources and further information

Scottish Government: Energy consents guidance and resources https://www.gov.scot/collections/energy-consents-guidance-and-resources/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Last checked: 25 September 2026

Can I cross-examine witnesses at a hearing?

Normally, no. A hearing is a reporter-led structured discussion and cross-examination is not the normal hearing procedure.

Formal inquiry procedure is different. Inquiry participants may be permitted to call evidence and cross-examine witnesses, subject to the reporter's control. The reporter can prevent irrelevant or repetitive questioning and determines how the session will be conducted.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

Can I cross-examine witnesses at a public inquiry?

A public inquiry is the procedure in which formal questioning and cross-examination may be used. Participation and the scope of questioning are controlled by the reporter and by the procedure notice for the case.

Cross-examination should test evidence relevant to the specified matters. It is not an opportunity for personal attacks, repetitive questioning or arguments outside the scope of the inquiry. The reporter may restrict evidence or questioning that is irrelevant or repetitious.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

Can several community objectors speak through one representative?

Yes, a reporter can allow or encourage people or organisations with similar interests to participate through one or more representatives where that helps the examination run efficiently.

This can be useful for community groups because it reduces repetition and allows different speakers to concentrate on the subjects they know best. Any arrangement should be agreed through the procedure set by the reporter rather than assumed in advance.

Sources and further information

Scottish Government: Energy consents guidance and resources https://www.gov.scot/collections/energy-consents-guidance-and-resources/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Last checked: 25 September 2026

Do I need a lawyer or planning consultant to take part in a hearing or inquiry?

Not necessarily. Participants may normally present their own case, and formal representation is not automatically required simply because a hearing or inquiry is taking place.

However, an inquiry can involve technical evidence and cross-examination, so a group may decide that specialist assistance would help with particular issues. The important point is to understand the reporter's directions, stay within the specified matters and support assertions with relevant evidence.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

Can I ask for reasonable adjustments to participate in an examination?

Yes. If a disability or health condition affects your ability to participate, contact the case officer as early as possible and explain the adjustment you need.

DPEA guidance recognises disability and reasonable adjustments as part of its procedural arrangements. The appropriate adjustment depends on the circumstances and the format of the examination, so early contact gives the case team the best opportunity to make suitable arrangements.

Sources and further information

Scottish Government: Energy consents guidance and resources https://www.gov.scot/collections/energy-consents-guidance-and-resources/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Last checked: 25 September 2026

Who controls the procedure at a hearing or inquiry?

The reporter controls the procedure. The reporter identifies the issues to be examined, determines the order and format of proceedings and can manage evidence and participation to keep the examination fair, focused and efficient.

Participants should follow the reporter's procedure notices and directions. At an inquiry, the reporter may restrict irrelevant or repetitive evidence or cross-examination. At a hearing, the reporter leads the structured discussion.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

Are hearings and public inquiries open to the public?

Oral examination sessions are generally conducted publicly, particularly public inquiries. The precise arrangements are set by the reporter and published for the individual case.

There can be exceptional circumstances in which particular information or part of a proceeding is handled differently, for example where legally protected or genuinely confidential material is involved. Do not assume that attending as an observer gives you a right to speak; participation is governed by the reporter's procedure.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

Can I record or livestream a hearing or inquiry?

Do not assume that you can record, photograph, broadcast or livestream proceedings simply because the session is public. The reporter or venue may impose specific rules about recording and publication.

Check the procedure notice and ask the case officer in advance if the position is unclear. Where DPEA or another official body provides an authorised webcast or recording, use the official service rather than creating your own recording without permission.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

What does it mean if a case is 'sisted'?

A sist is a pause in proceedings. It does not mean that the application has been withdrawn, refused or finally determined.

If a case is sisted, the reason and consequences should be taken from the formal correspondence for that case. When the sist is lifted, the procedure can resume. Keep monitoring the case file and communications from the case officer so that a restarted deadline is not missed.

Sources and further information

Scottish Government: Energy consents guidance and resources https://www.gov.scot/collections/energy-consents-guidance-and-resources/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Last checked: 25 September 2026

What is the role of the case officer during an examination?

The case officer is the administrative point of contact for the examination. Communications, procedural questions and documents should normally be sent through the channels identified by the case officer rather than directly to the reporter.

This separation helps maintain procedural fairness by ensuring that relevant communications can be handled on the case record and, where necessary, shared with the appropriate participants. Always use the contact details and submission method given in the correspondence for your case.

Sources and further information

Scottish Government: Energy consents guidance and resources https://www.gov.scot/collections/energy-consents-guidance-and-resources/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Last checked: 25 September 2026

Should I contact the reporter directly about my case?

Normally, no. Use the case officer and the official submission channels identified for the examination.

Direct private communication with the reporter about the merits of the application could undermine procedural fairness because other participants may not know what has been said. If you need clarification about a deadline, document, attendance or procedure, contact the case officer.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

What can the reporter do with irrelevant or repetitive material?

The reporter has responsibility for keeping the examination focused and proportionate. In formal oral procedures, the reporter can control evidence, questioning and submissions and may restrict material that is irrelevant or repetitious.

This is why quantity is not a substitute for relevance. A shorter submission that identifies the planning issue, evidence and consequence can be more useful than a large bundle of repeated or unrelated material.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

What happens if I miss a deadline set by the reporter?

Do not assume that late material will be accepted. Examination deadlines exist so that the reporter and other participants know what evidence is before the examination and have a fair opportunity to respond.

If you believe you cannot meet a deadline, contact the case officer as soon as possible, explain the circumstances and ask what procedure applies. The reporter decides procedural matters; ObjectNow cannot extend a reporter's deadline.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

Can I rely on a petition or the number of signatures as proof that an application should be refused?

A petition can demonstrate the existence of public concern, but the planning merits of a Section 36 or 37 application are not determined simply by counting signatures.

The stronger approach is to connect the concerns raised by the petition to relevant planning, environmental or statutory issues and provide evidence where possible. A large number of people repeating the same unsupported assertion does not turn that assertion into technical evidence.

Sources and further information

Scottish Government: Energy consents guidance and resources https://www.gov.scot/collections/energy-consents-guidance-and-resources/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Last checked: 25 September 2026

What should I do if material I submit is ruled outside the scope of an examination session?

First, read the reporter's procedure notice and identify the specified matters for that session. Material may be outside the scope of one hearing or inquiry even though it already forms part of the wider application record.

If you believe the material is relevant to a specified matter, explain the connection concisely through the procedure directed by the reporter. Do not simply resubmit the same material repeatedly. If you are unsure whether or how it can be considered, ask the case officer for procedural clarification.

Sources and further information

Scottish Government: Energy consents guidance and resources https://www.gov.scot/collections/energy-consents-guidance-and-resources/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Last checked: 25 September 2026

Can the reporter decide issues that belong to another regulator or legal process?

The reporter's task is to examine the application within the statutory consenting and planning framework. Not every dispute connected with a development is something the reporter can determine.

Complaints about the conduct of a public body, private contractual disputes, criminal allegations and matters reserved to another regulator may need to be raised through the appropriate separate process. Where such a matter also has a genuine planning consequence, explain that planning consequence rather than asking the reporter to decide an issue outside the examination's legal remit.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

How can a Scottish Section 36 or 37 decision be challenged after it is published?

A disagreement with the merits of the decision does not by itself create a fresh planning appeal for an objector. The Planning and Infrastructure Act 2025 extended the statutory challenge mechanism in section 36D of the Electricity Act 1989 to Scottish Ministers' onshore Section 36 and Section 37 decisions and related variation decisions.

These are court proceedings concerned with the legal validity of the decision, not an opportunity to rerun the planning merits. Strict statutory time limits and permission requirements can apply. Anyone considering a challenge should obtain legal advice promptly and check the legislation in force on the date of the decision.

Sources and further information

Planning and Infrastructure Act 2025, section 21 https://www.legislation.gov.uk/ukpga/2025/34/section/21

Electricity Act 1989 https://www.legislation.gov.uk/ukpga/1989/29/contents

Last checked: 25 September 2026

What should I check before submitting evidence to a Section 36 or 37 examination?

Check the current procedure notice first. Confirm the deadline, the specified matters, the required document format, any word or page limit, where the material must be sent and whether copies must be provided to other participants.

Then check the substance: identify the planning or environmental issue, state the evidence you rely upon, give precise document references, explain the consequence for the application and avoid unnecessary repetition. Keep a copy of everything submitted and evidence of when it was sent.

Sources and further information

Scottish Government: Energy consents guidance and resources https://www.gov.scot/collections/energy-consents-guidance-and-resources/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Last checked: 25 September 2026

How can I make a written submission easier for the reporter to use?

Structure each point so the issue, evidence and consequence are immediately clear. Start with the relevant issue, identify the policy, legal requirement or technical evidence where applicable, explain what the application material says, then explain precisely why you agree or disagree and what conclusion you say should follow.

Use headings, short paragraphs and exact references to application documents. Distinguish facts from opinions and local observations. Avoid personal attacks, speculation about motives and long quotations that do not advance the planning issue.

Sources and further information

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Scottish Government: 2026 ministerial letter on energy-consent objections https://www.gov.scot/publications/planning-and-infrastructure-act-2025-objections-to-energy-consent-applications-ministerial-letter/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Last checked: 25 September 2026

Where can I see live and previous Scottish energy consent cases?

The Scottish Government's Energy Consents website publishes Section 36 and Section 37 applications and decisions. Cases involving reporter examination may also have material published through the Planning and Environmental Appeals Division.

Looking at comparable case files can help you understand the types of documents used, how issues are framed and how decisions explain the weight given to evidence. A previous decision can be informative, but every application must still be assessed on its own facts and current policy and law.

Sources and further information

Scottish Government: Energy consents guidance and resources https://www.gov.scot/collections/energy-consents-guidance-and-resources/

Scottish Government: Section 36 and 37 applications guidance https://www.gov.scot/publications/good-practice-guidance-applications-under-sections-36-37-electricity-act-1989/

Planning and Infrastructure Act 2025, section 19 https://www.legislation.gov.uk/ukpga/2025/34/section/19

Last checked: 25 September 2026

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