The Future of Nuclear Energy in Scotland

03 Jul 2025

By Louis Francis, Trainee Solicitor, Corporate, Gilson Gray

Nuclear energy has played a complex and sometimes controversial role in Scotland’s energy landscape. As the country forges ahead with ambitious net-zero targets and a strong focus on renewable energy, the place of nuclear power in Scotland’s energy future remains a subject of debate.

Scotland and Nuclear Energy

Scotland has operated its fair share of nuclear power stations over the past century. Power station reactors at Chapelcross, Hunterston, Dounreary and Torness have contributed significantly to the UK’s electricity grid and helped reduce reliance on fossil fuels during their operation. However, as of 2025, Torness remains Scotland’s only operational nuclear power station and its planned closure within the next few years raises important questions about how to replace this consistent source of low-carbon energy.

Scotland’s energy policy, guided by the devolved Scottish Government, currently opposes the construction of new nuclear power stations. Instead, the focus is on expanding renewable energy capacity especially wind, hydro, and tidal power, and improving grid infrastructure and storage technologies.

However, there are strong arguments from energy experts that suggest new-generation nuclear technologies, such as Small Modular Reactors (SMRs), could provide a reliable complement to renewables, especially during periods of low wind or solar output brought on by the unreliable Scottish weather.

UK Policy

The Scottish Government’s policy is at odds with the UK Government Policy. The UK Government has recently shown support for nuclear power stations in England where in relation to Sizewell C, it is committing approximately £14.2 billion worth of public funding. Other similar commitments by the UK Government are shown by the UK Government’s support of SMRs. £2.5 billion has been earmarked to support SMRs to support the UK Government’s initial target of creating enough nuclear energy to power up to 3 million homes – in the process creating a reported 3,000 skilled jobs. Overall, the strategic objective of the UK government is to have, by 2050, nuclear energy providing 25% of the projected electricity demand.

Legal Considerations

What are the possible legal issues?

• The UK Government through their reserved powers, drive forward UK energy policy which for the time being is at odds with the Scottish Government’s National Planning Framework which explicitly excludes new nuclear power stations from its energy strategy. However, planning permission, environmental regulation, and radioactive waste disposal are devolved to the Scottish Parliament. This may mean that while the UK Government can authorize and fund nuclear developments in Scotland, the Scottish Government could attempt to block the project by not granting the requisite planning permission. Although, it seems highly unlikely that the Scottish Government would be successful in blocking a UK government project provided the UK government has a legal basis for the project to proceed.
• Legal implications in regards to the environment will also need to be considered when it comes to nuclear energy particularly regarding waste management. Scotland does not support geological disposal (e.g. deep underground storage), instead favouring near-surface and near-site storage. Compliance with SEPA, UK-wide and devolved legislation shall also need to be observed and strictly complied with while storing / dealing with nuclear waste.
• Previous nuclear power stations in Scotland are being decommissioned under the oversight of the UK’s Nuclear Decommissioning Authority. Those involved in decommissioning projects will need to be in compliance with environmental laws and health and safety laws, while having full visibility on the protective measures that will be required to be put in place for its workers on the site and the general public in relation to both radiation exposure and confirmation risks. Of course, the usual contractual considerations and quirks will need to be considered and well thought out drafting will ensure the smooth and robust running of the decommissioning project between the decommissioning operator and their contractors and sub-contractors.

Future Outlook

The future of nuclear energy in Scotland will likely be shaped by government policy, public opinion and energy demand. However, with the Scottish Government looking to move away from fossil fuels and champion an energy transition that protects jobs and the economy, they may require to have a shift in policy that seeks to incorporate nuclear energy in their energy strategy moving forward.

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