Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

Prospective

[F1 56D Applications for hazardous substances consent. S

(1) Provision may be made by regulations with respect to—

(a) the form and manner in which applications [F2 under this Act] for hazardous substances consent are to be made;

(b) the particulars which they are to contain and the evidence by which they are to be verified;

(c) the manner in which they are to be advertised; and

(d) the time within which they are to be dealt with.

(2) Regulations may provide that an application for hazardous substances consent, or an appeal against the refusal of such an application or against the imposition of a condition on such a consent, shall not be entertained unless it is accompanied by a certificate in the prescribed form and corresponding to one or other of those described in section 24(1)(a) to (d) of this Act and any such regulations may—

(a) include requirements corresponding to those mentioned in sections 23(1), 24(2) and (4) and 26(3), of this Act; and

(b) make provision as to who is to be treated as the owner of land for the purposes of any provision of the regulations.

(3) If any person issues a certificate which purports to comply with the requirements of regulations made by virtue of subsection (2) above and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) Regulations—

(a) may require an applicant for hazardous substances consent or the planning authority or both to give publicity to an application for hazardous substances consent in such manner as may be prescribed;

(b) may require the planning authority to conduct appropriate consultations before determining applications for hazardous substances consent;

(c) may provide for the manner in which such a consultation is to be carried out and the time within which—

(i) such a consultation;

(ii) any stage in such a consultation,

is to be completed;

(d) may require the planning authority to determine applications for hazardous substances consent within such time as may be prescribed;

(e) may require the planning authority to give prescribed persons or bodies prescribed information about applications forhazardous substances consent including information as to the manner in which such applications have been dealt with.

(5) In subsection (4) above “appropriate consultations”[F3 means—

(a) consultations—

(i) in the case of a planning authority other than the appropriate Minister, with the Health and Safety Executive; and

(ii) in the case of the appropriate Minister, with the Health and Safety Commission; and

(b) consultations with][F3 means consultations with the Health and Safety Executive and with] such persons or bodies as may be prescribed.

(6) Regulations under this section may make different provision for different cases or descriptions of cases.]

Textual Amendments

F1 S. 56D inserted (prosp.) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a))

F2 Words inserted (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 144, 164(3), Sch. 13 para. 11(3)

F3 Words from “means consultations with” to “and with” substituted (prosp.) for the words from “means–” to “(b) consultations with” by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 144, 164(3), Sch. 13 para. 11(4)