Practical guidance for taking part in Scottish Section 36 and Section 37 examinations, including reporter procedures, hearings, inquiries, evidence and participation.
How reporter-led examinations are organised and which procedures may be used.
Preparing for and participating in hearings and formal public inquiries.
What site inspections are for and how participants should approach them.
Screening, scoping, environmental information and responding to additional material.
Preparing statements, evidence, closing submissions and document references.
Deadlines, case officers, reasonable adjustments, public access and procedural management.
Court challenges and legal routes after a planning or consent decision.
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
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
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
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
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
If you cannot find the answer you need, send a support ticket to the ObjectNow team.
We use cookies to help improve your experience on our site. By continuing to use the site, you agree to our use of cookies.
Manage your cookie preferences below:
Essential cookies enable basic functions and are necessary for the proper function of the website.
These cookies are needed for adding comments on this website.
Google reCAPTCHA helps protect websites from spam and abuse by verifying user interactions through challenges.
Marketing cookies are used to follow visitors to websites. The intention is to show ads that are relevant and engaging to the individual user.
Google Maps is a web mapping service providing satellite imagery, real-time navigation, and location-based information.
Service URL: policies.google.com (opens in a new window)
You can find more information in our Privacy Policy and Privacy Policy.