The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019
2019 No. 80
Exiting The European Union
Environmental Protection
Town And Country Planning
Electricity
The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019
Made 5th March 2019
Laid before the Scottish Parliament 7th March 2019
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 20181and all other powers enabling them to do so.
Citation and Commencement
1. These Regulations may be cited as the Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 and come into force 7 days after exit day.
Amendment of the Town and Country Planning (Development Planning) (Scotland) Regulations 2008
2.—(1) The Town and Country Planning (Development Planning) (Scotland) Regulations 20082are amended as follows.
(2) In regulation 1(2) (citation, commencement and interpretation)—
(a)
(a) after the definition of “the 2005 Act” insert—
““the 2015 Regulations” means the Control of Major Accident Hazards Regulations 20153,”,
(b)
(b) in the definition of “the Directive”, at the end insert “, as Directive 2012/18/EUhad effect immediately before exit day”.
(3) In regulation 3(2)(b)(iii) (information and considerations: strategic development plans) for “Article 5 of the Directive” substitute “regulation 5 of the 2015 Regulations”.
(4) In regulation 10(2)(b)(iii) (information and considerations: local development plans) for “Article 5 of the Directive” substitute “regulation 5 of the 2015 Regulations”.
Amendment of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
3.—(1) The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 20134are amended as follows.
(2) In regulation 20A(1)(c), in inserted “Note 8”, from “consultations” to the end substitute “a requirement to provide information by virtue of regulation 20 of the 2015 Regulations, state that fact”.
(3) In schedule 5 (consultation by the planning authority)—
(a)
(a) in paragraph 4(b) at the end insert “, as Directive 2012/18/EUhad effect immediately before exit day”,
(b)
(b) in paragraph (2) of the text under the heading “Interpretation of Schedule 5”, at the end insert “, as it had effect immediately before exit day”.
Amendment of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015
4.—(1) The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 20155are amended as follows.
(2) In regulation 2 (interpretation)—
(a)
(a) in paragraph (1)—
(i) after the definition of “the 2013 Regulations” insert—
““the 2015 Regulations” means the Control of Major Accident Hazards Regulations 2015;”,
(ii) in the definition of “the Directive” at the end insert “, as Directive 2012/18/EUhad effect immediately before exit day”,
(b)
(b) in paragraph (2), for “amended from time to time” substitute “as it had effect immediately before exit day”.
(3) In regulation 6(2)(e) (applications for hazardous substances consent), from “consultations” to the end substitute “a requirement to provide information by virtue of regulation 20 of the 2015 Regulations”.
(4) In regulation 9(3)(h) (neighbour notification by planning authorities), from “consultations” to the end substitute “a requirement to provide information by virtue of regulation 20 of the 2015 Regulations”.
(5) In regulation 14(4)(a)(iv) (consultation before determination of applications), from “consultations” to the end substitute “a requirement to provide information by virtue of regulation 20 of the 2015 Regulations”.
(6) In regulation 21(1)(b) (policies) after “Directive” insert “(with the reference in that Article to Article 5 of the Directive being read as a reference to regulation 5 of the 2015 Regulations)”.
(7) In regulation 22(4) (plans and programmes), in the definition of “relevant plan or programme”, in both sub-paragraphs (a) and (b), after “pursuant to” insert “any provision of retained EU law which implemented”.
(8) In regulation 23(2)(a)(ii) (other planning approvals for projects), from “consultations” to the end substitute “a requirement to provide information by virtue of regulation 20 of the 2015 Regulations”.
(9) In regulation 57 (access to review procedure before a court), after “Directive” insert “as it had effect immediately before exit day.”.
(10) In regulation 60(2) (applications made before the commencement date) for “consultations between Member States in accordance with Article 14(3) of the Directive” substitute “a requirement to provide information by virtue of Article 14(3) of the Directive as it had effect immediately before exit day”.
(11) In Part 2 of schedule 1 (hazardous substances and controlled quantities), in paragraph 12(1) of the Notes to Parts 1 and 2, after “relating to aerosol dispensers” insert “, as that Directive had effect immediately before exit day”.
Amendment of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017
5.—(1) The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 20176are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)
(a) at the end of the definition of “the CCS Directive” insert “, as Directive 2009/31/EChad effect immediately before exit day”,
(b)
(b) at the end of the definition of “the Directive” insert “, as it had effect immediately before exit day”,
(c)
(c) after the definition of “site of special scientific interest” insert “and”,
(d)
(d) omit the definition of “Union legislation” and “and” immediately preceding it.
(3) In regulation 4(3)(b) (environmental impact assessment), after “under” insert “any law that implemented”.
(4) In regulation 6(6) (EIA Development), for “, in accordance with Article 2(4) of the Directive (but without prejudice to Article 7 of the Directive),” substitute “in exceptional cases”.
(5) In regulation 21(2)(b) (publication of EIA report), for “another” substitute “an”.
(6) In regulation 30(2)(b) (monitoring measures), for “Union legislation” substitute “retained EU law”.
(7) In regulation 41 (development in Scotland likely to have significant effects in an EEA State other than the United Kingdom)—
(a)
(a) in the heading, omit “other than the United Kingdom”,
(b)
(b) in paragraphs (1)(a) and (1)(b), in each place it appears, omit “other than the United Kingdom”,
(c)
(c) in paragraph (3)(a), for “another” substitute “an”,
(d)
(d) in paragraph (5)(a) for “in accordance with Article 6(1) of the Directive and” substitute “by the EEA State as authorities to be consulted and to”,
(e)
(e) in paragraph (6)—
(i) omit “in accordance with Article 7(4) of the Directive”,
(ii) in sub-paragraph (b) omit “other”.
(8) In regulation 42 (projects in another EEA State likely to have significant transboundary effects)—
(a)
(a) in the heading, for “another” substitute “an”,
(b)
(b) in paragraph (1)—
(i) omit “other than the United Kingdom pursuant to Article 7(2) of the Directive”,
(ii) omit “, in accordance with Article 7(4) of the Directive”,
(iii) in sub-paragraph (b), from “to the competent authority” to the end substitute “representations to the competent authority in that EEA State”.
(9) In regulation 51 (access to review procedure before a court), at the end insert “(and for such purpose Article 11(1)(b) is to be read as if the reference to “a Member State” were a reference to “Scotland”).”.
(10) In regulation 60 (revocations and transitional provisions)—
(a)
(a) in paragraph (2), omit “as they did immediately before 16 May 2017”,
(b)
(b) in paragraph (6) at the end insert “, subject to the modifications specified in paragraph (6A)”,
(c)
(c) after paragraph (6) insert—
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