The Secretary of State for the Environment Order 1970

1.—(1) The Town and Country Planning Acts 1962 to 1968 and the Town and Country Planning (Scotland) Acts 1947 to 1969 shall have effect as if references to the Minister and the appropriate Minister—

(a)were references to the Minister and the appropriate Minister, if the appropriate Minister is not the one concerned as the Minister; and

(b)were references to the one concerned as the Minister alone, if he is also the appropriate Minister;

and as if in the Acts applying to Scotland references to the Secretary of State and the appropriate Minister were to have a corresponding construction; and similarly with references to a Minister and the appropriate Minister, and with any provision requiring the Minister, or in Scotland the Secretary of State, to act jointly with the appropriate Minister.

(2) For any purpose of the Town and Country Planning Acts 1962 to 1968 “the appropriate Minister” shall be—

(a)in relation to undertakings for the supply of electricity, gas or hydraulic power, the Secretary of State for Trade and Industry and, in relation to aerodromes of the British Airports Authority and to lighthouse undertakings, the Board of Trade or that Secretary of State; and

(b)in relation to undertakings for the supply of water, in the application of the Acts to Wales the Secretary of State for Wales; and

(c)in all other cases, except that of the Post Office, the Secretary of State for the Environment.

(3) For any purpose of the Town and Country Planning (Scotland) Acts 1947 to 1969 “the appropriate Minister” shall be—

(a)in relation to undertakings for the supply of gas or hydraulic power, the Secretary of State for Trade and Industry and, in relation to aerodromes of the British Airports Authority and to lighthouse undertakings, the Board of Trade or that Secretary of State; and

(b)in relation to undertakings for the supply of electricity or water, the Secretary of State for Scotland; and

(c)in all other cases, except that of the Post Office, the Secretary of State for the Environment.

(4) For any purpose of the Opencast Coal Act 1958 “the appropriate Minister” , in relation to undertakings for the supply of gas or hydraulic power or (except in Scotland) electricity, shall be the Secretary of State for Trade and Industry and in other cases, except that of the Post Office, shall be—

(a)in England, the Secretary of State for the Environment or, in relation to a river board or other drainage authority, the Minister of Agriculture, Fisheries and Food;

(b)in Wales, the Secretary of State for Wales or, in relation to a river board or other drainage authority, the Minister of Agriculture, Fisheries and Food;

(c)in Scotland, the Secretary of State for the Environment or, in relation to any undertaking for the supply of electricity or water or any river purification authority, the Secretary of State for Scotland;

and in section 13(1)(c) of that Act for the words “as defined by this Act” there shall be substituted the words “within the meaning of this Act”.

(5) Subject to sub-paragraph (4) above, sub-paragraphs (2) and (3) shall apply in relation to any enactment applying provisions of the Acts there mentioned, and to any other enactment or instrument in so far as the meaning therein of “the appropriate Minister” depends on its meaning in those Acts, as they apply in relation to those Acts.