Planning (Hazardous Substances) (Scotland) Act 1997

13 Confirmation by Secretary of State of section 12 orders

(1) An order under section 12 shall not take effect unless it is confirmed by the Secretary of State.

(2) The Secretary of State may confirm any such order submitted to him either without modification or subject to such modification as he considers expedient.

(3) Where a planning authority submit any such order to the Secretary of State for his confirmation under this section, the authority shall serve notice of the order—

(a) on any person who is an owner, occupier or lessee of the whole or any part of the land to which the order relates, and

(b) on any other person who in their opinion will be affected by the order.

(4) The notice shall specify the period (which must not be less than 28 days after its service) within which any person on whom it is served may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(5) If within that period a person on whom the notice is served so requires, the Secretary of State shall, before he confirms the order, give such an opportunity to that person and to the planning authority.

(6) Where an order under section 12 has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice under subsection (3).