Housing and Planning Act 1986

5 The following section shall be inserted after section 271 of that Act—

“271A Application to certain hazardous substances authorities of provisions as to hazardous substances control.

(1) The provisions of this Act relating to hazardous substances shall have effect subject to such exceptions and modifications as may be prescribed in relation to granting hazardous substances consent for authorities who are hazardous substances authorities by virtue of section 1A of this Act.

(2) Subject to the provisions of section 58F of this Act, any such regulations may in particular provide for securing—

(a) that any application by such an authority for hazardous substances consent in respect of the presence of a hazardous substance on, over, or under land shall be made to the Secretary of State and not to the hazardous substances authority ;

(b) that any order or notice authorised to be made, issued or served under those provisions shall be made, issued or served by the Secretary of State and not by the hazardous substances authority.”