Part 6Deciding applications for orders granting development consent

Chapter 8Grant or refusal

117Orders granting development consent: formalities

(1)

This section applies in relation to an order granting development consent.

(2)

If the order is made by a Panel or the Council it must be made in the name of the Commission.

(3)

Except in a case within subsection (4), the appropriate authority must publish the order in such manner as the authority thinks appropriate.

(4)

If the order includes provision made in the exercise of any of the powers conferred by section 120(5)(a) or (b), the order must be contained in a statutory instrument.

(5)

If the instrument containing the order is made by a Panel or the Council in the name of the Commission, the Statutory Instruments Act 1946 (c. 36) applies in relation to the instrument as if it had been made by a Minister of the Crown.

(6)

As soon as practicable after the instrument is made, the appropriate authority must deposit in the office of the Clerk of the Parliaments a copy of—

(a)

the instrument,

(b)

the latest version of any plan supplied by the applicant in connection with the application for the order contained in the instrument, and

(c)

the statement of reasons prepared under section 116(1).

(7)

In this section “the appropriate authority” means—

(a)

the Commission where the decision-maker is a Panel or the Council;

(b)

the Secretary of State where the decision-maker is the Secretary of State.