91 Special provision for certain circumstances where disclosure of information as to national security may occur: Scotland
Planning and Compulsory Purchase Act 2004 (2004 c 5) | Legislation

National security

91  Special provision for certain circumstances where disclosure of information as to national security may occur: Scotland

(1)     In the Town and Country Planning (Scotland) Act 1997 (c 8), there is inserted after section 265 (local inquiries) the following section—

“265A Planning inquiries to be held in public subject to certain exceptions

(1)     This section applies in relation to the holding of inquiries under section 265(1), paragraph 6 of Schedule 4, paragraph 5 of Schedule 6 or paragraph 8 of Schedule 7.

(2)     Subject to subsection (3), at any such inquiry oral evidence shall be heard in public and documentary evidence shall be open to public inspection.

(3)     If the Secretary of State is, or after consultation with the Secretary of State the Scottish Ministers are, satisfied in the case of any such inquiry—

(a)     that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in subsection (4), and

(b)     that the public disclosure of that information would be contrary to the national interest,

he or as the case may be they

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