UK: Davey Takes Control Of Cross-Border Energy Projects

Last Updated: 25 November 2013
Article by Angus Walker

Today's entry reports on the choice of a national competent authority for cross-border energy projects.

This sounds rather a boring issue but it does have relevance to the Planning Act regime and meant that the Planning Act was mentioned in Parliament on Monday. You may recall a blog entry from last month that was to do with 'projects of common interest' (PCIs).

PCIs are effectively internationally significant energy projects that straddle the borders of two or more European Union countries. They won't necessarily exceed the thresholds in the Planning Act 2008 but they are likely to. Each member state must eventually set up a process for streamlining the authorisation of such projects that has certain features similar to, but not identical to, the Planning Act regime. They were introduced by a European Union Regulation that came into force earlier this year.

The EU was required to publish the first list of such projects by 30 September, and it managed to do so on 14 October. We love deadlines here, but the rest of the EU don't seem that bothered by them. I am told that traffic lights are compulsory in Milan, a suggestion in Rome, and a decoration in Naples. 24 of the announced PCIs involved the UK, and they are listed in the earlier blog post if you're interested.

The next step was that each member state had to say who would be responsible for the authorisation of PCIs, which had to be done by 16 November. The UK did so on 18 November - well, the 16th was a Saturday - by means of a written statement in Parliament from Ed Davey MP, Secretary of State for Energy and Climate Change.

The statement can be found here. As I predicted in my earlier blog post, he has designated himself as the 'national competent authority'. A slightly odd phrasing: 'I am today designating the Secretary of State for Energy and Climate Change as the national competent authority ...', where 'I' and 'the Secretary of State for Energy and Climate Change' are one and the same person.

What does that mean? Not surprisingly, the government is retaining control of infrastructure project consenting via Mr Davey, who is already the consenting body for projects using the Planning Act 2008 and the Electricity Act 1989. The statement goes on to deal with devolution in some detail, because the Secretary of State does not currently authorise most projects in Scotland, Wales and Northern Ireland, and he will delegate authority to those administrations to preserve the current arrangements.

That is possible because the Regulation allows the 'national competent authority' to delegate responsibility for individual projects or classes of project to others. In England, not all projects are consented by the Secretary of State at the moment - they may just need planning permission - but the statement didn't deal with those directly.

What happens next? Not a lot (externally, at least) until April 2014, when the EU must have set up a website for easy access to information on PCIs, and the UK and other member states must say how they are going to streamline environmental impact assessment (EIA) for PCIs. The next month, member states must issue a manual saying how PCIs will be authorised.

The written statement makes it clear that the UK is not going to invent a new process, and will use existing regimes where it can, but it won't always be able to.

'In implementing the requirements of the Regulation our intention is to be as transparent as possible and, wherever practicable, to maintain the existing permitting processes for major infrastructure.'

The implication is that it won't always be practicable to maintain the existing processes.


Although this announcement only affects a small number of (large) projects at the moment, the law may be changed generally in the UK so that there aren't too many different consenting processes, so it could still affect a project near you. The EU may also extend the regime to other projects at some point, such as transport networks.

It will be interesting how the 'manual' will deal with three things. First, what will happen to projects in England that are currently not consented by the Secretary of State - will they be delegated to the existing bodies such as local planning authorities?

Secondly, although, as the statement says, projects that use regimes other than the Planning Act will usually take the required maxima of two years for pre-application processes and 18 months for application stages, there is no guarantee of this, and in some cases they take much longer. How will the time limits be imposed on non-Planning Act regimes such as conventional planning permission?

Thirdly, even the Planning Act isn't entirely foursquare with the proposals in the Regulation. It doesn't have any deadlines for pre-application processes, and doesn't have any for certain periods between an application being made and the examination starting at the preliminary meeting. The Regulation also places more emphasis on there being a 'one stop shop' for all the consents a project might need.

These developments are certainly worth keeping an eye on, then, as apart from the projects they affect directly, they are a sign of the way the wind is blowing and may well trickle down to make their impacts felt on others.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Angus Walker
In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.