Scottish Statutory Instrument SI 2015 Scotland

The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
HSE
Status
Amended (in force with amendments)
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Applicant6 Any Person3 Director or Officer1

Plus 20 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Applicant — also bound by 307 other Acts
Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Schedules

Schedules

0 of 38 shown
38 other schedules
s.sch001 Hazardous substances and controlled quantities (opens in a new tab)
s.sch001 Where a hazardous substance is covered by Part 1 of...
s.sch002 Exemptions (opens in a new tab)
s.sch002 Military establishments
s.sch002 Explosives
s.sch002 Hazardous substance consent is not required where an explosives licence...
s.sch002 Presence of established substances
s.sch002 Paragraph 12 does not apply where the quantity of the...
s.sch002 Presence of exempted substances
s.sch002 Presence of small quantities of substances
s.sch002 Minor changes to types and quantities of substances
s.sch002 The conditions are that— (a) before the relevant minor change...
s.sch002 Interpretation
s.sch002 Expressions appearing in this Schedule and in the Directive have...
s.sch002 Nuclear sites
s.sch002 Intermediate presence related to the transport of hazardous substances
s.sch002 Pipelines
s.sch002 Minerals
s.sch002 Paragraph 5 does not apply to a hazardous substance present...
s.sch002 Land-fill sites
s.sch002 Paragraph 7 does not apply to a hazardous substance present...
s.sch002 Emergency unloading from ships
s.sch003 Notice to owner by applicant (opens in a new tab)
s.sch004 Notice for publication in newspaper (opens in a new tab)
s.sch005 Notice to be attached to decision notice given under regulation 18 (opens in a new tab)
s.sch006 Notice to be attached to notice of decision on an application for approval, consent or agreement required by a condition imposed on a grant of hazardous substances consent (opens in a new tab)
s.sch007 Hearing Session Rules (opens in a new tab)
s.sch007 Notice of hearing session and specified matters
s.sch007 Appearances at hearing session
s.sch007 Date and notification of hearing session
s.sch007 Service of hearing statements and documents
s.sch007 Procedure at hearing
s.sch008 Consequential amendments (opens in a new tab)
s.sch008 Amendment of the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007
s.sch008 Amendment of the Town and Country Planning (Development Planning) (Scotland) Regulations 2008
s.sch008 Amendment of the 2013 Regulations
s.sch009 Revocations (opens in a new tab)
s.schedule/1/part/1/paragraph/wrapper2n2 This Part covers all hazardous substances falling under the hazard...
s.005 Notice to owner by applicants Regulated
  • Notify land owners before applying for hazardous substances consentApplicant
s.008 Applications for continuation of hazardous substances consent where there has been a change in the person in control of part of the land Regulated
  • Apply for continuation of hazardous substances consent after partial site changeApplicant
s.009 Neighbour notification by planning authorities Regulated
Other duties (1) — Crown / regulator
  • Local authorities must notify neighbours of hazardous substances applicationsLocal authority
s.010 Publication of receipt of application by planning authorities Regulated
Other duties (1) — Crown / regulator
  • Local authority must publish notice of hazardous substances applicationsLocal authority
s.012 Acknowledgment of applications Regulated
Other duties (1) — Crown / regulator
  • Planning authority must acknowledge hazardous substances applicationsLocal authority
s.015 Representations Regulated
Other duties (1) — Crown / regulator
  • Planning authority must consider all valid comments on your applicationLocal authority
s.016 Duty to notify the Scottish Ministers of applications Regulated
Other duties (1) — Crown / regulator
  • Planning authorities must notify Scottish Ministers of disputed applicationsLocal authority
s.017 Time period for determination Regulated
Other duties (1) — Crown / regulator
  • Planning authority must decide hazardous substances applications within 2 monthsLocal authority
s.018 Decision notices on applications under regulation 6, 7 or 8 Regulated
Other duties (1) — Crown / regulator
  • Planning authority must issue hazardous substances decision noticesLocal authority
s.019 Notices of decision on applications for approval of matters specified in conditions Regulated
Other duties (1) — Crown / regulator
  • Planning authority must issue formal decision notices for consent conditionsLocal authority
s.020 Notice of reference of applications to the Scottish Ministers Regulated
Other duties (1) — Crown / regulator
  • Planning authorities must notify applicants when applications are referredLocal authority
s.021 Policies Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must prioritize accident prevention in planning policiesCrown / Minister / Government department
s.023 Other planning approvals for projects Regulated
Other duties (1) — Crown / regulator
  • Authorities must follow public consultation procedures for relevant projectsLocal authority
s.024 Notice of appeal Regulated
  • Submit a notice of appeal regarding hazardous substances decisionsApplicant
s.025 Intimation to planning authority and planning authority's response Regulated
  • Send appeal documents and evidence to the planning authorityApplicant
s.026 Notification to interested parties Regulated
Other duties (1) — Crown / regulator
  • Planning authority must notify interested parties of hazardous substance appealsLocal authority
s.027 Publication of appeal documents Regulated
Other duties (1) — Crown / regulator
  • Planning authority must make hazardous substances appeal documents publicLocal authority
s.032 Written submissions procedure Regulated
  • Respond to requests for further information regarding hazardous substancesApplicant
s.034 New evidence Regulated
Other duties (1) — Crown / regulator
  • Appointed person must permit comments on new evidence during appealsTribunal / Court
s.038 Notice of decision on appeal Regulated
Other duties (1) — Crown / regulator
  • Appointed person must notify parties of hazardous substance appeal decisionsTribunal / Court
s.041 Register of hazardous substances consents Regulated
Other duties (1) — Crown / regulator
  • Planning authority must maintain a public register of hazardous substancesLocal authority
s.042 Hazardous substances contravention notices Regulated
Other duties (1) — Crown / regulator
  • Planning authority must follow strict requirements when issuing contravention noticesLocal authority
s.043 Appeals against hazardous substances contravention notices Regulated
  • Appeal a hazardous substances contravention noticeAny Person
s.044 Intimation of appeal to planning authority and planning authority's response Regulated
  • Serve notice of appeal and evidence to the planning authorityApplicant
s.045 Notification to other parties Regulated
Other duties (1) — Crown / regulator
  • Planning authority must notify interested parties of enforcement appealsLocal authority
s.046 Determination of an appeal against a hazardous substances contravention notice Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must determine appeals against contravention noticesCrown / Minister / Government department
s.055 Fees for applications Regulated
  • Pay required fees when applying for hazardous substances consentAny Person
s.056 Applications by planning authorities Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must determine planning authority hazardous substance applicationsCrown / Minister / Government department
s.063 Notification of other establishments Regulated
  • Notify the planning authority of legacy hazardous substancesAny Person
s.fees for appeals Fees for Appeals Regulated
  • Pay required fees when appealing hazardous substances decisionsDirector or Officer
39 other provisions
s.001 Citation and commencement
s.002 Interpretation
s.003 Hazardous substances and controlled quantities
s.004 Exemptions
s.006 Applications for hazardous substances consent
s.007 Applications for removal of conditions
s.011 Validation date
s.013 Further information
s.014 Consultation before determination of applications
s.022 Plans and programmes
s.028 Determination without further procedure
s.029 Opt-in notice to interested parties
s.030 Decisions as to further procedure
s.031 Pre-examination meetings
s.033 Site inspections
s.035 Further copies of documents etc.
s.036 Compliance with notification and consultation procedures
s.037 Appointment of assessor
s.039 Called-in applications
s.040 Non-delegated appeals
s.047 Appeals against hazardous substances contravention notices: supplementary
s.048 Validity of a hazardous substances contravention notice
s.049 Execution and cost of works required by hazardous substances contravention notice
s.050 Offence where hazardous substances contravention notice not complied with
s.051 Effect of hazardous substances consent on hazardous substances contravention notice
s.052 Hazardous substances contravention notice to have effect against the subsequent presence of hazardous substances
s.053 Register of hazardous substances contravention notices
s.054 Proceedings for questioning the validity of other orders, decisions and directions
s.057 Access to review procedure before a court
s.058 Electronic communications
s.059 Service of notices
s.060 Applications made before the commencement date
s.061 Interpretation of existing consents
s.062 Saving provision for deemed consent conditions
s.064 Appeals made after the commencement date
s.065 Appeals made before the commencement date
s.066 Applications referred to the Scottish Ministers before the commencement date
s.067 Amendments
s.068 Revocations

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