PART 7 SEnforcement

Offence where hazardous substances contravention notice not complied withS

50.  Section 136 of the 1997 Act has effect in relation to hazardous substances contravention notices with the following modifications:—

(a)for subsection (1) substitute—

(1) Where, at any time after the end of the period for compliance with a hazardous substances contravention notice, any step required by the notice to be taken has not been taken, the person who is then the owner of the land and any person other than the owner who is in control of the land are in breach of the notice.;

(b)in subsection (2), for “the owner of the land” substitute “ a person ”;

(c)omit subsections (4) and (5);

(d)in subsection (6), omit “or (5)”; and

(e)in subsection (7),

(i)in paragraph (a), for “enforcement notice” substitute “ hazardous substances contravention notice ”;

(ii)in paragraph (b), omit “appropriate” and after “section 147” insert “ (as applied by regulation 53 of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015) ”.