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The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019

Consolidated Text As Enacted Cited authorities 30 Cited in Related
Vincent
JurisdictionScotland
CitationSSI 2019/80
Year2019
  • 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
    • (1) The Town and Country Planning (Development Planning) (Scotland) Regulations 2008 after the definition of “the 2005 Act” insert—
      “the 2015 Regulations” means the Control of Major Accident Hazards Regulations 2015 ,
    ,    in the definition of “the Directive”, at the end insert “ , as Directive 2012/18/EU had effect immediately before F10IP completion 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 ”.(1) The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 (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 ”.in paragraph 4(b) at the end insert “ , as Directive 2012/18/EU had effect immediately before F11IP completion day ”,in paragraph (2) of the text under the heading “Interpretation of Schedule 5”, at the end insert “ , as it had effect immediately before F12IP completion day ”.(1) The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 after the definition of “the 2013 Regulations” insert—
      “the 2015 Regulations” means the Control of Major Accident Hazards Regulations 2015;
    ,    in the definition of “the Directive” at the end insert “ , as Directive 2012/18/EU had effect immediately before F13IP completion day ”,in paragraph (2) , for “amended from time to time” substitute “ as it had effect immediately before F14IP completion 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 F15IP completion 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 F16IP completion 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 F17IP completion day ”.(1) The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 at the end of the definition of “the CCS Directive” insert “ , as Directive 2009/31/EC had effect immediately before F18IP completion day ”,at the end of the definition of “the Directive” insert “ , as it had effect immediately before F19IP completion day ”,after the definition of “site of special scientific interest” insert “ and ”,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 ”.in the heading, omit “other than the United Kingdom”,in paragraphs (1) (a) and (1) (b) , in each place it appears, omit “other than the United Kingdom”,in paragraph (3) (a) ,

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