Section 20: Designation of local authority as consent authority for the area of the local authority
43.Section 20 enables the Scottish Ministers, by regulations, to designate a local authority as the consent authority for the area of the local authority (subsection (1). Where a local authority is designated as a consent authority for its area, it becomes responsible for the functions set out in Part 2, in relation to its area.
44.Subsection (2) specifies that, when a local authority submits a written request to the Scottish Ministers to become the consent authority for the area of the local authority, the Scottish Ministers must make regulations designating the local authority as such (under section subsection (1)) within 6 months, unless the local authority has withdrawn the request in writing.
45.Subsection (3) allows any regulations made under subsection (1) to modify Parts 2 or 7 of the Act, as may be necessary as a result of designating a local authority as the consent authority for its area.
46.Subsection (4) requires the Scottish Ministers to consult the local authority that is due to be designated as the consent authority for its area, and any other persons they consider appropriate, before making regulations under subsection (1).
47.When regulations under subsection (1) are subject to the affirmative procedure (that is where they textually amend an Act), then references to “making regulations under subsection (1)” in subsections (2) and (4) should instead be read as “laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament” (subsection (5)).
