Search Legislation

Planning (Hazardous Substances) (Scotland) Act 1997

Status:

This is the original version (as it was originally enacted).

28Health 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 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 [1974 c. 37.] Health and Safety at Work etc. Act 1974.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources