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Planning (Hazardous Substances) (Scotland) Act 1997

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28 Health and safety requirements.S

(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 22,

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 planning 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 Health and Safety Executive with regard to the matter.

(4)If the Health and Safety Executive 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 “relevant statutory provisions”, “improvement notice” and “prohibition notice” have the same meanings as in Part I of the M1Health and Safety at Work etc. Act 1974.

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