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Paragraph 1A F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Secretary of State or the Scottish Ministers may by regulations make provision about the following matters in relation to applications to the Scottish Ministers for consent under section 36 or 37.

(2)

The matters are—

(a)

the steps a person must take before making an application;

(b)

the information that must be included in an application;

(c)

an acceptance stage, during which the Scottish Ministers must assess an applicant’s compliance with any requirements imposed by the regulations in order to decide whether or not to accept the application;

(d)

fees to be paid to the Scottish Ministers—

(i)

on application, or

(ii)

for anything done by them in relation to a proposed application;

(e)

requests by the Scottish Ministers for additional information to aid their decision whether or not to accept an application or to grant consent.

(3)

The steps that may be the subject of provision made by virtue of sub-paragraph (2)(a) include—

(a)

notifying prescribed persons of the proposed application,

(b)

publicising the proposed application, and

(c)

carrying out a consultation about the proposed application.

Annotations

Textual amendments

F1

Sch. 8 para. 1A and cross-heading inserted (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 19(2), 118(1)(g)(i) (with s. 116)

Notes on Schedule 8

Textual amendments

F1

Words in Sch. 8 heading inserted (1.4.2019) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 50(2) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(b)

Modifications

C1

Sch. 8: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

C2

Sch. 8 modified in part (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 12(5)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 4 (with art. 4(1))

C3

Sch. 8 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 31(2), 70(1)

C4

Sch. 8 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 26(2), 64(1)