This is the original version (as it was originally made).
Scottish Statutory Instruments
Town And Country Planning
Made
28th April 2015
Laid before the Scottish Parliament
30th April 2015
Coming into force
1st June 2015
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972(1), sections 252(1) and 267(1) of the Town and Country Planning (Scotland) Act 1997(2) and sections 2(4) and (5), 3, 5, 6(1), 15(2), 16(7), 19(2) and (3), 22(4)(b), 23(1) and (3), 27(1), 30(1) and 39(1) of the Planning (Hazardous Substances) (Scotland) Act 1997)(3) and all other powers enabling them to do so.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references in these Regulations to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures(4) to be construed as references to that instrument as amended from time to time.
1972 c.68. Section 2(2) was amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”). Paragraph 1A of Schedule 2 was inserted by the section 28 of the 2006 Act and was amended by Part 1 of the Schedule to the 2008 Act. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.
1997 c.8 (“the 1997 Act”). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Section 252 is applied by section 29(3) of the Planning (Hazardous Substances) (Scotland) Act 1997 (“the principal Act”). Section 267(1) was amended by section 19(5)(a) of the Planning etc. (Scotland) Act 2006 (asp 17) and is applied by section 36(1) of the principal Act.
1997 c.10. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Under section 38(2) of the principal Act “prescribed” has the same meaning as in section 277 of the 1997 Act. Section 27 was amended by S.S.I. 2006/269.
OJ No L 353, 31.12.2008, p.1.
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