Planning (Hazardous Substances) Act 1990

25 Hazardous substances contravention notices: supplementary provisions. E+W

(1) The Secretary of State may by regulations—

(a) specify matters which are to be included in hazardous substances contravention notices, in addition to those which are required to be included in them by section 24;

(b) provide—

(i) for appeals to him against hazardous substances contravention notices;

(ii) for the persons by whom, grounds upon which and time within which such an appeal may be brought;

(iii) for the procedure to be followed on such appeals;

(iv) for the directions that may be given on such an appeal;

(v) for the application to such appeals, subject to such modifications as the regulations may specify, of any of the provisions of sections 174, [F1 175(1) to (3)] and (6), 176, 177, 285 and 289 of the principal Act;

(c) dir ect that any of the provisions of sections 178 [F2 (1) to (5) and (7)], 179 to 181, 183, 184, [F3 186,] 187 and 188 of [F4 the principal Act] shall have effect in relation to hazardous substances contravention notices subject to such modifications as he may specify in the regulations;

(d) make such other provision as he considers necessary or expedient in relation to hazardous substances contravention notices.

(2) If any person appeals against a hazardous substances contravention notice, the notice shall [F5 subject to regulations under this section]be of no effect pending the final determination or the withdrawal of the appeal.

(3) Regulations under section 24 or this section may make different provision for different cases or descriptions of cases.

(4) Where any person has appealed to the Secretary of State under this section against a hazardous substances contravention notice, no person shall be entitled, in any other proceedings instituted after the making of the appeal, to claim that the notice was not duly served on the person who appealed.

[F6 (5) Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings [F7 in England] before the Secretary of State on an appeal under this section as if those proceedings were an inquiry held by the Secretary of State under section 250.]

Textual Amendments

F1 Words in s. 25(1)(b)(v) (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3 Pt. II para. 30(a) (with s. 84(5)); S.I. 1991/2905, art. 3

F2 Words in s. 25(1)(c) repealed (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3 Pt. II para. 30(b), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 2

F3 Word "186," inserted (1.1.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 144, Sch. 13 Pt. I para. 8; S.I. 1991/2829, art. 3

F4 Words in s. 25(1)(c) substituted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 27(b)

F5 Words in s. 25(2) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3 Pt. I para.13 (with s. 84(5)); S.I. 1991/2905, art. 3

F6 S. 25(5) inserted (temp.) by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 13 (which temp. insertion falls (2.1.1992) for specified purposes only by virtue of S.I. 1991/2698, arts. 3, 4)

F7 Words in s. 25(5) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 24; S.I. 2016/52, art. 4(i) (with art. 17)

Modifications etc. (not altering text)

C1 S. 25 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3

C2 S. 25 modified (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 19(2) (with reg. 34)

C3 S. 25(2) restricted (1.6.1992) by S.I. 1992/656, reg. 22(2)

C4 S. 25(2) modified (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 20(2) (with reg. 36)

C5 S. 25(5): transitory modification by 1990 c. 11, Sch. 4 para. 13 falls (6.4.2009) for further specified purposes by virtue of S.I. 2009/849, art. 2 (with art. 3)

Commencement Information

I1 S. 25 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 25 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2