PART 5Publicity and procedures on submission of environmental statements and decision making

Procedure where an environmental statement is submitted to the Secretary of State

22.—(1) This regulation applies where an applicant submits an environmental statement to the Secretary of State in relation to an EIA application which is before the Secretary of State or an inspector for determination or is the subject of an appeal to the Secretary of State.

(2) The applicant or appellant must submit 2 copies of the environmental statement to the Secretary of State who must send a copy to the relevant planning authority.

(3) An applicant or appellant who submits an environmental statement to the Secretary of State may provide a copy of it to any other body, and if so must comply with regulation 19(2)(a) and (b) as if the reference in regulation 19(2)(b) to the relevant planning authority were a reference to the Secretary of State, and inform the Secretary of State of the matters mentioned in regulation 19(2)(c).

(4) The Secretary of State must comply with regulation 19(3) (except sub-paragraph (a) of that regulation) and the applicant or appellant must comply with regulation 19(4), as if—

(a)references in those provisions to the relevant planning authority were references to the Secretary of State; and,

(b)in the case of an appeal, references to the applicant were references to the appellant,

and the Secretary of State or the inspector must comply with regulation 19(6) as if it referred to the Secretary of State or the inspector instead of to the relevant planning authority.