Planning (Hazardous Substances) Act 1990

Supplemental E+W

39 Interpretation. E+W

(1) In this Act —

• “contravention of hazardous substances control” has the meaning given in section 23(2);

• “hazardous substances authority” is to be construed in accordance with sections 1 [F1 and] 3;

• “hazardous substances consent” means consent required by section 4;

• “hazardous substances contravention notice” means such a notice as is mentioned in section 24(1);

• “the principal Act” means the M1 Town and Country Planning Act 1990.

(2) In this Act, except in so far as the context otherwise requires and subject to the following provisions of this section, the following expressions have the same meaning as in the principal Act—

• F2 . . . ;

• F2 . . . ;

• “the Broads”;

• “development”;

• “development plan”;

• “enactment”;

• “functions”;

• “government department”;

• “joint planning board”;

• “land”;

• “local authority”;

• “local planning authority”;

• “London borough”;

• “mineral working deposit”;

• “minerals”;

• “Minister”;

• F2 . . .;

• “owner”;

• “the planning Acts”;

• “prescribed”;

• “public gas supplier”;

• “statutory undertakers”;

• “tenancy”;

• “urban development area” and “urban development corporation”;

• “use”;

• “Valuation Office”;

but this subsection does not affect the meaning of “owner” in section 8.

(3) For the purposes of sections 4 to 21 and 23 to 26 any two bodies corporate are to be treated as being one person if—

(a) one of them is a body corporate of which the other is a subsidiary (within the meaning of section 736 of the M2 Companies Act 1985); or

(b) both of them are subsidiaries (within the meaning of that Act) of one and the same body corporate.

(4) For the purposes of sections F3 . . . 12 and 38(2) a public gas supplier shall be deemed to be a statutory undertaker F3 . . .

(5) For the purposes of sections F4 . . . 12 and 38(2) the National Rivers Authority and every water or sewerage undertaker shall be deemed to be a statutory undertaker F4 . . .

(6) For the purposes of section 38(2) [F5 a universal service provider (within the meaning of the Postal Services Act 2000) in connection with the provision of a universal postal service (within the meaning of that Act)], the Civil Aviation Authority [F6 , a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence)] and any holder of a licence under section 6(1) of the M3 Electricity Act 1989 shall be deemed to be statutory undertakers F3 . . .

F7 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Word "and" substituted (1.1.1992) for "to" by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 144, Sch. 13 Pt. I para. 2(7); S.I. 1991/2829, art. 3

F2 Entries repealed (1.1.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. VII; S.I. 1991/2829, art. 3

F3 Words repealed (1.1.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. VII; S.I. 1991/2829, art. 3

F4 Words repealed (1.1.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. VII; S.I. 1991/2829, art. 3

F5 Words in s. 39(6) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 85 (with art. 4)

F6 Words in s. 39(6) inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 9; S.I. 2001/869, art. 2

F7 S. 39(7)(8) repealed (1.1.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. VII; S.I. 1991/2829, art. 3

Modifications etc. (not altering text)

C1 S. 39 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(2)(k); S.I. 1996/218, art. 2

Commencement Information

I1 S. 39 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 39 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2

Marginal Citations

M1 1990 c. 8.

M2 1985 c. 6.

M3 1989 c. 29.

40 Regulations. E+W

(1) The Secretary of State may make regulations under this Act for any purpose for which regulations are authorised or required to be made under this Act, not being a purpose for which regulations are authorised or required to be made by another Minister.

(2) Any power conferred by this Act to make regulations shall be exercisable by statutory instrument.

(3) Any statutory instrument containing regulations made under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I2 S. 40 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 40 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2

41 Short title, commencement and extent. E+W

(1) This Act may be cited as the Planning (Hazardous Substances) Act 1990.

(2) If an order has been made under section 57(2) of the M4 Housing and Planning Act 1986 appointing a date during or at the end of the period of three months beginning with the day on which this Act is passed as the date on which all or any of the provisions of that Act relating to control over hazardous substances come into force, then the corresponding provisions of this Act (and, subject to Schedule 4 to the M5 Planning (Consequential Provisions) Act 1990, the remaining provisions of it so far as they relate to them) shall come into force at the end of that period.

(3) Except so far as subsection (2) applies, the provisions of this Act (other than this section) shall come into force on such day as may be appointed by the Secretary of State by order made by statutory instrument and—

(a) different days may be appointed for different provisions or for different purposes; and

(b) an order may make such transitional provision as the Secretary of State thinks appropriate.

(4) This Act extends to England and Wales only.

Subordinate Legislation Made

P1 S. 41(3) power exercised: 11.3.1992 and 1.6.1992 appointed, see S.I. 1992/725

Marginal Citations

M4 1986 c. 63.

M5 1990 c. 11.