OpenLegislation

Section 21 Controlled activities regulations: procedureI1

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

(1)

Before making any regulations under section 20, the Scottish Ministers must consult—

(a)

SEPA,

(b)

every responsible authority,

(c)

such persons appearing them to be representative of the interests of local government, industry, agriculture, fisheries and small businesses respectively as they think fit, and

(d)

such other persons as they think fit.

(2)

Before making any regulations under that section specifying rules as mentioned in paragraph 3(2) of schedule 2 (general binding rules), the Scottish Ministers must, in addition to consulting as required by subsection (1)—

(a)

publish a draft of the proposed rules, and publicise the opportunity to make representations about them under subsection (3), in such manner as they think fit, and

(b)

make copies of the proposed rules available for public inspection for such period, which must be at least 28 days, as they may determine.

(3)

Any person who wishes to make representations about the proposed rules to the Scottish Ministers may do so within the period determined under subsection (2)(b).

(4)

The Scottish Ministers must, in making the regulations specifying the rules, have regard to any representations on the proposed rules received by them within that period.

Annotations

Commencement

I1

S. 21 in force at 15.12.2003 by S.S.I. 2003/562, art. 2(c)

Notes on Part 1

Modifications

C1

Pt. 1 applied (with modifications) (2.1.2004) by Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245), regs. 1(1), 6 (as amended (10.4.2017) by S.I. 2017/407, reg. 1(a), Sch. 4 para. 1(4) (with reg. 1(c))

C2

Pt. 1 applied (with modifications) (10.2.2004) by Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99), regs. 1(1), 5(1), Sch. 4 (with reg. 5(2))