Modifications etc. (not altering text)
Textual Amendments
F1S. 97B and crossheading inserted (18.2.1993 for certain purposes, otherwise 1.5.1993) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 36; S.I. 1993/273, arts.3, 5
(1)Subject to subsection (2) below, where it appears to the planning authority that there is or has been a contravention of hazardous substances control they may issue a hazardous substances contravention notice if they consider it expedient to do so having regard to any material consideration.
(2)A planning authority shall not issue a hazardous substances contravention notice where it appears to them that a contravention of hazardous substances control can be avoided only by the taking of action amounting to a breach of a statutory duty.
(3)In this Act “hazardous substances contravention notice” means a notice—
(a)specifying an alleged contravention of hazardous substances control; and
(b)requiring such steps as may be specified in the notice to be taken to remedy the contravention.
(4)A copy of a hazardous substances contravention notice shall be served—
(a)on the owner, the lessee and the occupier of the land to which it relates; and
(b)on such other persons as may be prescribed.
(5)A hazardous substances contravention notice shall also specify—
(a)a date not less than 28 days from the date of service of copies of the notice as the date on which it is to take effect;
(b)in respect of each of the steps required to be taken to remedy the contravention of hazardous substances control, the period from the notice taking effect within which the step is to be taken.
(6)Where a planning authority issue a hazardous substances contravention notice the steps required by the notice may, without prejudice to the generality of subsection (3)(b) above, if the authority think it expedient, include a requirement that the hazardous substance be removed from the land.
(7)Where a notice includes such a requirement, it may also contain a direction that at the end of such period as may be specified in the notice any hazardous substances consent for the presence of the substance shall cease to have effect or, if it relates to more than one substance, shall cease to have effect so far as it relates to the substance which is required to be removed.
(8)The planning authority may withdraw a hazardous substances contravention notice (without prejudice to their power to issue another) at any time before it takes effect.
(9)If they do so, they shall forthwith give notice of the withdrawal to every person who was served with a copy of the notice.
(10)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 this section;
(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 85, 231(3) and 233 of this Act;
(c)direct that any of the provisions of sections 86 to 89A [F3and 166] of this 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 orexpedient in relation to hazardous substances contravention notices.
(11)If any person appeals against a hazardous substances contravention notice, the notice shall be of no effect pending the final determination or the withdrawal of the appeal.
(12)Regulations under this section may make different provisions for different cases or descriptions of cases.]
Textual Amendments
F2S.97B inserted (prosp.) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 36
F3Words inserted (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 144, 162(2), Sch. 13 para. 11(11)
Valid from 01/05/1993
(1)A planning authority may waive or relax any requirement of a hazardous substances contravention notice issued by them and, in particular, may extend any period specified in accordance with section 97B(5)(b) of this Act in the notice.
(2)The powers conferred by subsection (1) of this section may be exercised before or after the notice takes effect.
(3)The planning authority shall, immediately after exercising those powers, give notice of the exercise to every person who has been served with a copy of the hazardous substances contravention notice or would, if the notice were re-issued, be served with a copy of it.]
Textual Amendments
F4Ss. 97BA-97BC inserted (1.5.1993) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 57, Sch. 10 para.11 (with s. 84(5)); S.I. 1993/275, art.3
Valid from 01/05/1993
(1)The provisions of this section and of section 97BC of this Act apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to applications for hazardous substances consent and hazardous substances control.
(2)If the sheriff is satisfied—
(a)that there are reasonable grounds for entering any land for any of the purposes mentioned in section 265 of this Act; and
(b)that—
(i)admission to the land has been refused, or a refusal is reasonably apprehended; or
(ii)the case is one of urgency,
he may issue a warrant authorising any person duly authorised in writing to enter the land.
(2)For the purposes of subsection (2)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.
(3)A warrant authorises entry on one occasion only and that entry must be—
(a)within one month from the date of the issue of the warrant; and
(b)at a reasonable hour, unless the case is one of urgency.]
Textual Amendments
F5Ss. 97BA- 97BC inserted (1.5.1993) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 57, Sch. 10 para.11 (with s. 84(5)); S.I. 1993/275, art.3
Valid from 01/05/1993
(1)A person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97BB of this Act (referred to in this section as “a right of entry”)—
(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;
(b)may take with him such other persons as may be necessary; and
(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.
(2)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3)If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act.
(4)If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.
(5)Subsection (4) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.
(6)A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
(7)The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 265(8) of this Act if—
(a)the land in question is held by statutory undertakers; and
(b)they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.
(8)Section 213(1) of this Act applies for the purposes of subsection (7) of this section as it applies for the purposes of section 266(6)(b) of this Act.]
Textual Amendments
F6Ss. 97BA-97BC inserted after s. 97B (1.5.1993) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 57, Sch. 10 para. 11 (with s. 84(5)); S.I. 1993/275, art. 3
Modifications etc. (not altering text)
Modifications etc. (not altering text)
Textual Amendments
F1S. 97B and crossheading inserted (18.2.1993 for certain purposes, otherwise 1.5.1993) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 36; S.I. 1993/273, arts.3, 5
(1)Subject to subsection (2) below, where it appears to the planning authority that there is or has been a contravention of hazardous substances control they may issue a hazardous substances contravention notice if they consider it expedient to do so having regard to any material consideration.
(2)A planning authority shall not issue a hazardous substances contravention notice where it appears to them that a contravention of hazardous substances control can be avoided only by the taking of action amounting to a breach of a statutory duty.
(3)In this Act “hazardous substances contravention notice” means a notice—
(a)specifying an alleged contravention of hazardous substances control; and
(b)requiring such steps as may be specified in the notice to be taken to remedy the contravention.
(4)A copy of a hazardous substances contravention notice shall be served—
(a)on the owner, the lessee and the occupier of the land to which it relates; and
(b)on such other persons as may be prescribed.
(5)A hazardous substances contravention notice shall also specify—
(a)a date not less than 28 days from the date of service of copies of the notice as the date on which it is to take effect;
(b)in respect of each of the steps required to be taken to remedy the contravention of hazardous substances control, the period from the notice taking effect within which the step is to be taken.
(6)Where a planning authority issue a hazardous substances contravention notice the steps required by the notice may, without prejudice to the generality of subsection (3)(b) above, if the authority think it expedient, include a requirement that the hazardous substance be removed from the land.
(7)Where a notice includes such a requirement, it may also contain a direction that at the end of such period as may be specified in the notice any hazardous substances consent for the presence of the substance shall cease to have effect or, if it relates to more than one substance, shall cease to have effect so far as it relates to the substance which is required to be removed.
(8)The planning authority may withdraw a hazardous substances contravention notice (without prejudice to their power to issue another) at any time before it takes effect.
(9)If they do so, they shall forthwith give notice of the withdrawal to every person who was served with a copy of the notice.
(10)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 this section;
(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 85, 231(3) and 233 of this Act;
(c)direct that any of the provisions of sections 86 to 89A [F3and 166] of this 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 orexpedient in relation to hazardous substances contravention notices.
(11)If any person appeals against a hazardous substances contravention notice, the notice shall be of no effect pending the final determination or the withdrawal of the appeal.
(12)Regulations under this section may make different provisions for different cases or descriptions of cases.]
Textual Amendments
F2S.97B inserted (prosp.) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 36
F3Words inserted (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 144, 162(2), Sch. 13 para. 11(11)
Valid from 01/05/1993
(1)A planning authority may waive or relax any requirement of a hazardous substances contravention notice issued by them and, in particular, may extend any period specified in accordance with section 97B(5)(b) of this Act in the notice.
(2)The powers conferred by subsection (1) of this section may be exercised before or after the notice takes effect.
(3)The planning authority shall, immediately after exercising those powers, give notice of the exercise to every person who has been served with a copy of the hazardous substances contravention notice or would, if the notice were re-issued, be served with a copy of it.]
Textual Amendments
F4Ss. 97BA-97BC inserted (1.5.1993) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 57, Sch. 10 para.11 (with s. 84(5)); S.I. 1993/275, art.3
Valid from 01/05/1993
(1)The provisions of this section and of section 97BC of this Act apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to applications for hazardous substances consent and hazardous substances control.
(2)If the sheriff is satisfied—
(a)that there are reasonable grounds for entering any land for any of the purposes mentioned in section 265 of this Act; and
(b)that—
(i)admission to the land has been refused, or a refusal is reasonably apprehended; or
(ii)the case is one of urgency,
he may issue a warrant authorising any person duly authorised in writing to enter the land.
(2)For the purposes of subsection (2)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.
(3)A warrant authorises entry on one occasion only and that entry must be—
(a)within one month from the date of the issue of the warrant; and
(b)at a reasonable hour, unless the case is one of urgency.]
Textual Amendments
F5Ss. 97BA- 97BC inserted (1.5.1993) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 57, Sch. 10 para.11 (with s. 84(5)); S.I. 1993/275, art.3
Valid from 01/05/1993
(1)A person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97BB of this Act (referred to in this section as “a right of entry”)—
(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;
(b)may take with him such other persons as may be necessary; and
(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.
(2)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3)If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act.
(4)If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.
(5)Subsection (4) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.
(6)A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
(7)The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 265(8) of this Act if—
(a)the land in question is held by statutory undertakers; and
(b)they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.
(8)Section 213(1) of this Act applies for the purposes of subsection (7) of this section as it applies for the purposes of section 266(6)(b) of this Act.]
Textual Amendments
F6Ss. 97BA-97BC inserted after s. 97B (1.5.1993) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 57, Sch. 10 para. 11 (with s. 84(5)); S.I. 1993/275, art. 3