Planning (Hazardous Substances) Act 1990 (c. 10)

Miscellaneous provisions E+W

29 Health and safety requirements. E+W

(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 [F1 relevant provisions] or any prohibition notice or improvement notice F2 ....

(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 [F3 safety regulator] with regard to the matter.

(4) If the [F4 safety regulator advises] the authority that the consent or notice is rendered wholly void, the authority shall revoke it.

(5) If [F5 the safety regulator advises] that part of the consent or notice is rendered void, the authority shall so modify it as to render it wholly operative.

[F6 (6) In this section—

• “improvement notice” means a notice served under section 21 of the Health and Safety at Work etc. Act (“the 1974 Act”) or given under paragraph 3 of Schedule 8 to the Energy Act 2013 (“the 2013 Act”);

• “prohibition notice” means a notice served under section 22 of the 1974 Act or given under paragraph 4 of Schedule 8 to the 2013 Act;

• “relevant provisions” means—

  (a)

  the relevant statutory provisions within the meaning of Part 1 of the 1974 Act; and

  (b)

  the relevant statutory provisions within the meaning of the 2013 Act other than—

  (i)

  the provisions of the Nuclear Safeguards Act 2000; and

  (ii)

  any provision of nuclear regulations identified in accordance with section 74(9) of the 2013 Act as being made for the nuclear safeguards purposes.]

Textual Amendments

F1 Words in s. 29(1) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 2 para. 10(2)(a) (with Sch. 4)

F2 Words in s. 29(1) omitted (1.4.2014) by virtue of The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 2 para. 10(2)(b) (with Sch. 4)

F3 Words in s. 29(3) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 2 para. 10(3) (with Sch. 4)

F4 Words in s. 29(4) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 2 para. 10(4) (with Sch. 4)

F5 Words in s. 29(5) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 2 para. 10(5) (with Sch. 4)

F6 S. 29(6) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 2 para. 10(6) (with Sch. 4)

Commencement Information

I1 S. 29 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 29 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2