Planning (Hazardous Substances) Act 1990

Miscellaneous provisions

27 Temporary exemption directions

(1) If it appears to the Secretary of State—

(a) either—

(i) that the community or part of it is being or is likely to be deprived of an essential service or commodity; or

(ii) that there is or is likely to be a shortage of such a service or commodity affecting the community or part of it; and

(b) that the presence of a hazardous substance on, over or under land specified in the direction in circumstances such that hazardous substances consent would be required, is necessary for the effective provision of that service or commodity,

he may direct that, subject to such conditions or exceptions as he thinks fit, the presence of the substance on, over or under the land is not to constitute a contravention of hazardous substances control so long as the direction remains in force.

(2) A direction under this section—

(a) may be withdrawn at any time;

(b) shall in any case cease to have effect at the end of the period of three months beginning with the day on which it was given, but without prejudice to the Secretary of State’s power to give a further direction.

(3) The Secretary of State shall send a copy of any such direction to the authority who are the hazardous substances authority for the land.

(4) Where the land is land to which section 2 applies subsection (3) shall not apply but instead the Secretary of State shall send the copy to the authority who would be the hazardous substances authority for the land but for that section.

28 Registers etc

(1) Every authority who are a hazardous substances authority by virtue of section 1 or 3 shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect—

(a) to applications for hazardous substances consent—

(i) made to that authority; or

(ii) made to the appropriate Minister with respect to land for which, but for section 2, that authority would be the hazardous substances authority;

and including information as to the manner in which such applications have been dealt with;

(b) to hazardous substances consent having effect by virtue of section 11 or 12 with respect to land for which that authority is, or but for section 2 would be, the hazardous substances authority;

(c) to revocations or modifications of hazardous substances consent granted with respect to such land; and

(d) to directions under section 27 sent to the authority by the Secretary of State.

(2) Where the appropriate Minister exercises any of the functions of a hazardous substances authority with respect to any land he shall send to the authority who, but for section 2, would be the hazardous substances authority for the land any such information as appears to him to be required by them for the purposes of maintaining a register under this section.

(3) Every register kept under this section shall be available for inspection by the public at all reasonable hours.

29 Health and safety requirements

(1) Nothing in—

(a) any hazardous substances consent granted or deemed to be granted or having effect by virtue of this Act; or

(b) any hazardous substances contravention notice issued under section 24,

shall require or allow anything to be done in contravention of any of the relevant statutory provisions or any prohibition notice or improvement notice served under or by virtue of any of those provisions.

(2) To the extent that such a consent or notice purports to require or allow any such thing to be done, it shall be void.

(3) Where it appears to a hazardous substances authority who have granted, or are deemed to have granted, a hazardous substances consent or who have issued a hazardous substances contravention notice that the consent or notice or part of it is rendered void by subsection (2), the authority shall, as soon as is reasonably practicable, consult the appropriate body with regard to the matter.

(4) If the appropriate body advise the authority that the consent or notice is rendered wholly void, the authority shall revoke it.

(5) If they advise that part of the consent or notice is rendered void, the authority shall so modify it as to render it wholly operative.

(6) In this section—

• “the appropriate body” means—

  (a)

  in relation to a hazardous substances authority other than the appropriate Minister, the Health and Safety Executive; and

  (b)

  in relation to the appropriate Minister, the Health and Safety Commission; and

• “relevant statutory provisions”, “improvement notice” and “prohibition notice” have the same meanings as in Part I of the [1974 c. 37.] Health and Safety at Work etc. Act 1974.