OpenLegislation

Paragraph 3

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

(1)

The F1appropriate authority may by regulations make provision for securing—

(a)

that notice of any application for consent under section 36 or 37 of this Act shall, in such circumstances as may be prescribed by the regulations, be published in such manner as may be so prescribed;

(b)

that notice of any such application shall, in such circumstances as may be prescribed by the regulations or where the appropriate authority so directs, be served on such persons as may be so prescribed or, as the case may be, specified in the direction;

(c)

that every notice published or served in pursuance of the regulations shall state the time within which, and the manner in which, objections to the application may be made by persons other than the relevant planning authority, and that the time so stated shall not be less than such minimum period as may be prescribed by the regulations; and

(d)

that, in so far as any such notice requires objections to be sent to any person other than the appropriate authority, copies of the objections shall be sent to the appropriate authority by that person;

and in relation to applications for consent under section 36 of this Act to the extension of a generating station or to the operation of such a station in a different manner, the regulations may include provision for enabling the appropriate authority to give directions dispensing with the requirements of the regulations in such cases as F2the appropriate authority thinks fit.

(2)

Where in the case of an application for consent under section 36 or 37 of this Act—

F3(a)

a public inquiry is not required by virtue of paragraph 2(2) or 2A; but

(b)

objections or copies of objections have been sent to the F4appropriate authority in pursuance of regulations made under this paragraph,

the F5appropriate authority shall consider those objections, together with all other material considerations, with a view to determining whether a public inquiry should be held with respect to the application and, if F6the appropriate authority thinks it appropriate to do so, shall cause a public inquiry to be held, either in addition to or instead of any other hearing or opportunity of stating objections to the application.

Annotations

Textual amendments

F1

Words in Sch. 8 para. 3(1) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 8(2)(a) (with s. 116)

F2

Words in Sch. 8 para. 3(1) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 8(2)(b) (with s. 116)

F3

Sch. 8 para. 3(2)(a) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 8(3)(a) (with s. 116)

F4

Words in Sch. 8 para. 3(2)(b) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 8(3)(b) (with s. 116)

F5

Words in Sch. 8 para. 3(2) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 8(3)(c)(i) (with s. 116)

F6

Words in Sch. 8 para. 3(2) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 8(3)(c)(ii) (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)