The Scottish government has promised to consider changes to legislation to ensure that Section 36 wind farms are not held up by lack of a electricity generation licence.
Ministers said in a statement that should their appeal against the so-called Viking ruling be unsuccessful they will “remedy the position” through parliament.
“The decision on the legislative interpretation runs contrary to the established practice relating to the handling of applications for consent which has been in place both north and south of the border for many years,” said ministers of Lady Clark’s Court of Session ruling on the 370MW Viking wind farm appication.
“Scottish Ministers’ position is that they disagree with, and have appealed, the decision. Further, in the event that the appeal is not successful, the Scottish government will work with the UK government in considering whether to bring forward the required legislation to remedy the position.”
Holyrood said it will continue to operate in accordance with the practice which has been followed for many years and to deal with current applications on that basis.
“Scottish ministers consider that the balance of public and national interest is in favour of continuing with the current approach until the appeal has been determined, in particular because of the need to continue to support the economy and our renewable energy ambitions,” it added.
Lady Clark ruled that an application for consent under Section 36 of the Electricity Act 1989 can only be made, and so granted, where the applicant at the time of making the application either holds a licence to generate electricity or is exempt from that requirement.
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