Section 20 Reference of applications to Secretary of State.I1C1
England and Wales
The Secretary of State may give directions requiring applications for hazardous substances consent or applications under section 17(1) to be referred to him instead of being dealt with by hazardous substances authorities.
A direction under this section—
may be given either to a particular hazardous substances authority or to hazardous substances authorities generally; and
may relate either to a particular application or to applications of a class specified in the direction.
Any application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly.
Before determining an application referred to him under this section, the Secretary of State shall, if either the applicant or the hazardous substances authority so wish, give to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
Subsection (4) does not apply to an application referred to the Welsh Ministers under this section instead of being dealt with by a hazardous substances authority in Wales.
The decision of the Secretary of State on any application referred to him under this section shall be final.
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Annotations
Textual amendments
- F1
S. 20(4B) inserted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 25
- F2
S. 20(6) repealed (1.1.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. VII; S.I. 1991/2829, art. 3
Modifications
- C1
S. 20 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3
Commencement
- I1
S. 20 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 20 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2