SCHEDULES

SCHEDULE 2Amendments consequential on development consent regime

Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10)

I162

1

Section 10 (deemed hazardous substances consent: government authorisation) is amended as follows.

2

After subsection (2A) insert—

2B

On making an order granting development consent in respect of development that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the person making the order may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

3

For subsection (3) substitute—

3

Before giving a direction under any of subsections (1) to (2B), the person having power to give the direction must consult the Health and Safety Commission.

4

In subsection (6)—

a

for the words from “government” to “Ministers” substitute “ person ”, and

b

after “directions” insert “ given by the person ”.