OpenLegislation

Section 56G Deemed hazardous substances consent by virtue of authorisation of government department.F1C1

Scotland

(1)

Where—

(a)

the authorisation of a government department is required by virtue of an enactment in respect of development to be carried out by a local authority, or by statutory undertakers not being a local authority; and

(b)

the development would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent,

the department may, on granting that authorisation, also direct that hazardous substances consent for that development shall be deemed to be granted subject to such conditions (if any) as may be specified in the directions.

(2)

The department shall consult the Health and Safety Commission before issuing any such directions.

(3)

The provisions of this Act (except F2Part XII) shall apply in relation to any hazardous substances consent deemed to be granted by virtue of directions under this section as if it had been granted by the Secretary of State on an application referred to him under section 32 of this Act, as applied by section 56F of this Act.

(4)

The reference in subsection (1) above to the authorisation of a government department is to be construed in accordance with section 37(3) of this Act,

(F35)

A government department or the Secretary of State shall, as respects any hazardous substances consent deemed to be granted by virtue of directions under this section, send to the planning authority concerned any such information as appears to be required by them for the purposes of a register under section 56N.

Annotations

Textual amendments

F1

S. 56G inserted (18.2.1993 for certain purposes, otherwise 1.5.1993) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a)); S.I. 1993/273, arts.3, 5

F2

Words in s. 56G(3) substituted (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 60(6), Sch. 12, para. 11 (with s. 84(5)); S.I. 1991/2092, art. 3

F3

S. 56G(5) added (18.2.1993) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 144, 164(3), Sch. 13 para. 11(7); S.I. 1993/274, art. 2(1)

Modifications

C1

S. 56G amended (27.8.1993) by 1993 c. 12, ss. 40(1), 51(2), Sch. 3 Pt. II para.14 (with ss. 42, 46)

Notes on the whole Act

Textual amendments

F1

Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Notes on Hazardous substances]

Textual amendments

F1

Ss. 56A–56O inserted (18.2.1993 for certain purposes, otherwise 1.5.1993) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a)); S.I. 1993/273, arts.3, 5