The Planning (Hazardous Substances) (Determination of Procedure) (Prescribed Period) (Wales) Regulations 2014

These Regulations specify a prescribed period of seven working days for the determination of procedure following referrals and appeals under the Planning (Hazardous Substances) Act 1990.

These Regulations are made by the Welsh Ministers in exercise of the powers conferred by sections 21B (Determination by the Welsh Ministers of procedure for certain proceedings) and 40 (Giving the Secretary of State powers to make regulations under the Act) of the Planning (Hazardous Substances) Act 1990 ("the 1990 Act").

These Regulations are preceded by the Town and Country Planning (Determination of Procedure) (Wales) Order 2014, which inserted section 21B into the 1990 Act.

Section 21B of the 1990 Act gives the Welsh Ministers the power to determine the procedure for certain proceedings in Wales, namely proceedings for applications referred to the Welsh Ministers under section 20 (Reference of applications to Secretary of State) and appeals under section 21 (Appeals against decisions or failure to take decisions relating to hazardous substances) of the 1990 Act. Determinations of procedure for such proceedings must be made by the Welsh Ministers before the end of the prescribed period.

The "relevant date" means—

(a) in relation to referrals under section 20 of the 1990 Act, the day on which the Welsh Ministers receive notice of the referral from the hazardous substances authority; and

(b) in relation to an appeal under section 21 of the 1990 Act, the day on which the Welsh Ministers receive notice of the appeal accompanied by information as may be prescribed. 

Date: 12/11/2014 Coming into force

AuthorMinister for Natural Resources

DCP link: This item updates DCP section 19.116

SI details: Welsh statutory instrument 2014 No. 2777

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