45(1)Section 12 (deemed hazardous substances consent: government authorisation) is amended as follows.E+W+S
(2)After subsection (2A) insert—
“(2B)On making an order granting development consent in respect of development that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the person making the order may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.”
(3)For subsection (3) substitute—
“(3)Before giving a direction under any of subsections (1) to (2B), the person having power to give the direction must consult the Health and Safety Commission.”
(4)In subsection (6)—
(a)for “government department or the Secretary of State” substitute “ person ”, and
(b)after “directions” insert “ given by the person ”.
Commencement Information
I1Sch. 2 para. 45 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)