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The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015

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This is the original version (as it was originally made).

Interpretation of existing consents

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61.—(1) In this regulation “existing consent” means—

(a)a consent, in the case of a hazardous substances consent granted on an application under the 1993 Regulations;

(b)a claim, in the case of a consent deemed to be granted under section 9 or 10A of the principal Act(1) (deemed hazardous substances consent: established presence);

(c)a direction, in the case of a consent deemed to be granted, or having effect as if deemed to be granted, by virtue of section 10 of the principal Act (deemed hazardous substances consent: government authorisation),

granted or made before the commencement date under which the presence of a category of substance listed in column 1 of Part B of Schedule 1 to the 1993 Regulations or the presence of a hazardous substance named in column 1 of Part A of Schedule 1 to the 1993 Regulations is expressly authorised.

(2) This regulation applies to an existing consent where the category or substance referred to in paragraph (1)—

(a)is not contained in Schedule 1 to these Regulations; or

(b)is differently named or defined under Schedule 1 to these Regulations.

(3) Where this regulation applies any reference in an existing consent to a category or substance referred to in paragraph (1) is to be interpreted as if these Regulations had not come into force.

(4) In paragraph (1)(a) to (c) a reference to a consent includes any continuation of that consent which is granted or deemed to be granted under section 16 of the principal Act.

(1)

Section 9 provides that hazardous substances consent deemed to be granted by a planning authority under section 38 of the Housing and Planning Act 1986 shall continue to have effect notwithstanding the repeal of that section and shall be deemed to be granted by the authority under said section 9, and the relevant claim is the claim submitted under said section 38. Section 10A was inserted by S.S.I. 2000/179.

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