Section 78TA: Registers: removal of information about land designated as special site, Environmental Protection Act 1990

Subsection (2) applies where a local authority has entered in a register maintained under section 78R above particulars of or relating to notices mentioned in paragraph (e) or (f) of subsection (1) of that section.

The local authority may remove the particulars from the register.

Particulars may be removed under subsection (2) above only if—

the Scottish Environment Protection Agency has given the local authority a notice under section 78Q(4) above that the land to which the notices relate is no longer land which is required to be designated as a special site; and

the date specified in the notice given under that section has passed.

Where a local authority removes particulars from a register under subsection (2) above, it must keep (in such form as it thinks fit) a record of—

the particulars that have been removed;

its reasons for removing them; and

the date on which the particulars—

were originally entered in the register; and

were removed.

Subsection (8) of section 78R above applies to records kept under subsection (4) above as it applies to registers maintained by enforcing authorities under that section; and for that purpose, the reference to entries is to be read as if it were a reference to information in such records.

In performing its functions under subsection (4) above, a local authority must have regard to any guidance issued by the Scottish Ministers in accordance with section 78YA below.

Where a local authority removes particulars from a register under subsection (2) above, it must give notice of such removal to—

the Scottish Environment Protection Agency;

any person who is the owner of land designated as a special site by a notice to which the particulars relate;

any person who appears to the local authority to be in occupation of the whole or any part of that land;

each person—

who appears to the Scottish Environment Protection Agency to be an appropriate person in relation to that land; and

in respect of whom details have been given by the Scottish Environment Protection Agency to the local authority sufficient to enable notice of such removal to be given; and

each person who appears to the local authority to be an appropriate person in relation to that land.

Section 78TA: Registers: removal of information about land designated as special site

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