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Version Superseded: 01/04/2008
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There are currently no known outstanding effects for the Planning (Hazardous Substances) (Scotland) Act 1997, Section 10.
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(1)Where—
(a)the authorisation of a government department is required by virtue of an enactment in respect of development to be carried out by a local authority, or by statutory undertakers who are not a local authority, and
(b)the development would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent,
the department may, on granting that authorisation, also direct that hazardous substances consent for that development shall be deemed to be granted subject to such conditions (if any) as may be specified in the directions.
(2)On granting a consent under section 36 of the M1Electricity Act 1989 in respect of any operation or change of use that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the Secretary of State may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the directions.
[F1(2A)On making an order under section 1 of the Transport and Works (Scotland) Act 2007 which includes any provision that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the Scottish Ministers may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the directions.]
(3)The department F2..., the Secretary of State [F3or, as the case may be, the Scottish Ministers], shall consult the Health and Safety Commission before issuing any such directions.
(4)For the purposes of this section development shall be taken to be authorised by a government department if—
(a)any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment,
(b)a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development,
(c)consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose,
(d)authority is given by the department for the borrowing of money for the purpose of the development, or for the application for that purpose of any money not otherwise so applicable, or
(e)any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants,
and references in this section to the authorisation of a government department shall be construed accordingly.
(5)The provisions of this Act (except section 20) shall apply in relation to any hazardous substances consent deemed to be granted by virtue of directions under this section as if it had been granted by the Secretary of State on an application referred to him under section 18.
(6)A government department or the Secretary of State [F4or the Scottish Ministers] shall, as respects any hazardous substances consent deemed to be granted by virtue of directions under this section, send to the planning authority concerned any such information as appears to be required by them for the purposes of a register under section 27.
Textual Amendments
F1S. 10(2A) inserted (28.12.2007) by The Transport and Works (Scotland) Act 2007 (Consents under Enactments) Regulations 2007 (S.S.I. 2007/569), regs. 1, 4(a)
F2Words in s. 10(3) omitted (28.12.2007) by virtue of The Transport and Works (Scotland) Act 2007 (Consents under Enactments) Regulations 2007 (S.S.I. 2007/569), regs. 1, 4(b)(i)
F3Words in s. 10(3) inserted (28.12.2007) by The Transport and Works (Scotland) Act 2007 (Consents under Enactments) Regulations 2007 (S.S.I. 2007/569), regs. 1, 4(b)(ii)
F4Words in s. 10(6) inserted (28.12.2007) by The Transport and Works (Scotland) Act 2007 (Consents under Enactments) Regulations 2007 (S.S.I. 2007/569), regs. 1, 4(c)
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