37.—(1) Subject to paragraphs (2) and (3), the following instruments are revoked to the extent specified—
(a)the 2009 Regulations M1;
(b)the Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2011 M2;
(c)the Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2012 M3; and
(d)regulation 2 of the Localism Act (Infrastructure Planning) (Consequential Amendments) Regulations 2012 M4.
(2) Notwithstanding the revocations in paragraph (1), the 2009 Regulations continue to apply to any application for an order granting development consent or subsequent consent where before the commencement of these Regulations—
(a)the applicant has—
(i)submitted an environmental statement or updated environmental statement (as defined in the 2009 Regulations), as the case may be, in connection with that application;
(ii)requested the Secretary of State or the relevant authority to adopt a scoping opinion (as defined in the 2009 Regulations) in respect of the development to which the application relates; or
(iii)made a request for—
(aa)a screening opinion under regulation 6(1)(a) of the 2009 Regulations (including a deemed request under regulation 12(1)); or
(bb)a subsequent screening opinion under regulation 6(2)(a) of the 2009 Regulations; or
(b)the Secretary of State has initiated the making of a screening direction under regulation 5(2)(b)(i) of the 2009 Regulations.
(3) In this regulation “the 2009 Regulations” means the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 M5.
Marginal Citations
M1S.I. 2009/2263, amended by S.I. 2011/988, 2011/1043, 2011/2741, 2012/635, 2012/787.
M5S.I. 2009/2263, amended by S.I. 2011/988, 2011/1043, 2011/2741, 2012/635, 2012/787.