Regulatory Reform (Scotland) Act 2014

PART 4 S MISCELLANEOUS

Marine licensing decisions S

54 Marine licence applications etc.: proceedings to question validity of decisions S

(1) The Marine (Scotland) Act 2010 is amended as follows.

(2) In section 38 (appeals against licensing decisions), after subsection (3) add—

“(4) The duty in subsection (1) does not apply in relation to a decision under section 29 to which section 63A applies.”.

(3) After section 63, insert—

“Proceedings for questioning certain decisions under sections 28 and 29 S

63A Proceedings for questioning certain decisions under sections 28 and 29

(1) If a person is aggrieved by a decision of the Scottish Ministers to which this section applies, and wishes to question the validity of the decision on either of the grounds mentioned in subsection (2), the person (the “aggrieved person”) may make an application to the Inner House of the Court of Session under this section.

(2) The grounds are that—

(a) the decision is not within the powers of the Scottish Ministers under this Part,

(b) one or more of the relevant requirements have not been complied with in relation to the decision.

(3) This section applies to—

(a) a decision to cause, or not to cause, an inquiry to be held under section 28(1) in connection with the Scottish Ministers' determination of an application for a marine licence to carry on an activity in respect of which a generating station application must also be made, and

(b) a decision under section 29 in relation to an application for a marine licence to carry on such an activity.

(4) An application under this section must be made within the period of 6 weeks beginning with the date on which the decision to which the application relates is taken.

(5) On an application under this section, the Inner House of the Court of Session—

(a) may suspend the decision until the final determination of the proceedings,

(b) may quash the decision either in whole or in part if satisfied that—

(i) the decision in question is not within the powers of the Scottish Ministers under this Part, or

(ii) the interests of the aggrieved person have been substantially prejudiced by failure to comply with any of the relevant requirements in relation to the decision.

(6) In this section—

• “generating station application” means an application for consent under section 36 of the Electricity Act 1989 (consent for the construction etc. of generating stations);

• “the relevant requirements” in relation to a decision to which this section applies, means the requirements of this Act, or of any order or regulations made under this Part, which are applicable to that decision.

63B Applications under section 63A: requirement for permission

(1) No proceedings may be taken in respect of an application under section 63A(1) unless the Inner House of the Court of Session has granted permission for the application to proceed.

(2) The Court may grant permission under subsection (1) for an application to proceed only if it is satisfied that—

(a) the applicant can demonstrate a sufficient interest in the subject matter of the application, and

(b) the application has a real prospect of success.

(3) The Court may grant permission under subsection (1) for an application to proceed—

(a) subject to such conditions as the Court thinks fit, or

(b) only on such of the grounds specified in the application as the Court thinks fit.”.

Commencement Information

I1 S. 54 in force at 26.2.2015 by S.S.I. 2015/52, art. 2(1) (with art. 3)

Planning authorities' functions: charges and fees S

55 Planning authorities' functions: charges and fees S

In section 252 of the Town and Country Planning (Scotland) Act 1997 (fees for planning applications, etc.)—

(a) in subsection (1A), after paragraph (d) insert—

“(da) make provision for the charge or fee payable to different planning authorities to be of different amounts,”,

(b) after subsection (1A) insert—

“(1AA) Provision such as mentioned in subsection (1A)(da) may be made in respect of a planning authority where the Scottish Ministers are satisfied that the functions of the authority are not being, or have not been, performed satisfactorily.

(1AB) The power to make provision such as is mentioned in subsection (1A)(da) is without prejudice to the generality of the power in section 275(2A).”,

(c) subsections (5) and (6) are repealed.

Commencement Information

I2 S. 55 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.

Street traders' licences S

56 Application for street trader's licence: food businesses S

In section 39 of the Civic Government (Scotland) Act 1982 (street traders' licences)—

(a) in subsection (4)—

(i) for “the food ” substitute “ a food ”,

(ii) after “1990)” insert “ mentioned in subsection (4A) ”,

(b) after subsection (4) insert—

“(4A) A food authority referred to in subsection (4) is a food authority in Scotland which, in respect of the activity mentioned in that subsection—

(a) has registered the establishment that carries out or intends to carry out the activity for the purposes of Article 6.2 of Regulation EC No. 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs, or

(b) where no such food authority has registered the establishment for those purposes, a food authority which is—

(i) the licensing authority to which the application mentioned in subsection (4) in respect of the activity is made, or

(ii) another licensing authority to which an application for a street trader's licence in respect of the activity is or has been made.”.

Commencement Information

I3 S. 56 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch. (with art. 3)