(1)The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered.
(2)A determination under subsection (1) must provide for the proceedings to be considered in [F2such one or more of the following ways as appear] to the Secretary of State to be F3... appropriate—
(a)at a local inquiry;
(b)at a hearing;
(c)on the basis of representations in writing.
(3)The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.
(4)A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.
(5)The Secretary of State must notify the appellant or applicant (as the case may be) and the hazardous substances authority of any determination made under subsection (1).
(6)The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1).
(7)This section applies to—
(a)an application referred to the Secretary of State under section 20 instead of being dealt with by a hazardous substances authority in England;
(b)an appeal under section 21 against a decision of a hazardous substances authority in England.
(8)The Secretary of State may by order amend subsection (7) to—
(a)add proceedings under this Act to, or remove proceedings under this Act from, the list of proceedings to which this section applies, or
(b)otherwise modify the descriptions of proceedings under this Act to which this section applies.
(9)An order under subsection (8) may—
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)amend, repeal or revoke any provision made by or under this Act or by or under any other Act.
(10)The power to make an order under subsection (8) is exercisable by statutory instrument.
(11)No order may be made under subsection (8) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.]
Textual Amendments
F1S. 21A inserted (6.4.2009 for E.W. for specified purposes, 25.4.2024 for specified purposes) by Planning Act 2008 (c. 29), ss. 196(3), 241(8) (with s. 226); S.I. 2009/400, art. 3(j) (with art. 6(2)); S.I. 2024/452, reg. 2(a)
F2Words in s. 21A(2) substituted (22.7.2020) by Business and Planning Act 2020 (c. 16), ss. 20(3)(a), 25(3)(c)
F3Word in s. 21A(2) omitted (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 20(3)(b), 25(3)(c)
F4S. 21A(9)(a) omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 130(8)(a), 255(3)(a) (with s. 247)