Scotland has its own court and public-law procedures.

Campaigners should not copy English judicial-review forms, Pre-Action Protocol deadlines or terminology into a Scottish case.

The route depends on the decision being challenged.

Scottish planning legislation contains statutory challenge and appeal provisions for specified decisions, while judicial review in the Court of Session applies to public-law decisions in appropriate circumstances.

Section 36 and 37 energy decisions require regime-specific advice.

The relevant decision may involve Scottish Ministers acting under the Electricity Act 1989, together with deemed planning permission or related statutory decisions. The correct challenge route must be identified from the decision itself and its enabling legislation.

Time limits are strict and can differ by route.

Do not infer the deadline from an English or Welsh planning article. Obtain Scottish public-law/planning advice as soon as the decision is published.

Use Scottish terminology accurately.

In Scottish judicial review the remedy historically described as reduction performs a role comparable to quashing an unlawful decision. Court of Session procedure should be taken from current Scottish rules and specialist advice.

Sources and further information

Scottish Courts and Tribunals Service - Court of Session

Town and Country Planning (Scotland) Act 1997

Last checked: 26 September 2026

Start with the ministerial decision and statutory route.

Identify the Electricity Act provision, whether deemed planning permission was granted, the conditions, and any reporter examination under Schedule 8.

Compare the final reasons with the examination record.

Record how Scottish Ministers dealt with the principal environmental, planning and statutory issues and whether the decision differs from a reporter's recommendation where a report exists.

Identify the alleged error rather than re-listing objections.

A lawyer needs to know whether the concern is statutory interpretation, procedure, reasons, treatment of a mandatory consideration, environmental assessment or another public-law issue.

Preserve the version of policy and legislation applicable at the decision date.

Energy-consent law and procedure changed in February 2026. A challenge must be assessed against the regime applying to the actual case, including any transitional provisions.

Obtain advice before publishing accusations.

A disagreement with the Ministerial planning balance does not establish unlawful conduct by the ECU, reporter, applicant or Ministers.

Sources and further information

Scottish Courts and Tribunals Service - Court of Session

Last checked: 26 September 2026