- Latest available (Revised)
- Point in Time (12/03/2015)
- Original (As enacted)
Point in time view as at 12/03/2015.
Planning (Hazardous Substances) Act 1990, Section 18 is up to date with all changes known to be in force on or before 19 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)When an application is made under section 17 for the continuation of a hazardous substances consent the hazardous substances authority—
(a)may modify the consent in any way they consider appropriate; or
(b)may revoke it.
(2)In dealing with such an application the authority shall have regard to any material consideration and, in particular, but without prejudice to the generality of the foregoing—
(a)to the matters to which a hazardous substances authority are required to have regard by section 9(2)(a) to (d); and
(b)to any advice which the [F1safety regulator has] given following consultations in pursuance of regulations under section 17(2).
(3)If an application relates to more than one consent, the authority may make different determinations in relation to each.
(4)If a consent relates to more than one hazardous substance, the authority may make different determinations in relation to each.
(5)It shall be the duty of a hazardous substances authority, when continuing hazardous substances consent, to attach to the consent either—
(a)a statement that it is unchanged in relation to the matters included in it by virtue of sections 9(4) and 10(3); or
(b)a statement of any change in respect of those matters.
(6)The modifications which a hazardous substances authority may make by virtue of subsection (1)(a) include, without prejudice to the generality of that subsection, the making of the consent subject to conditions with respect to any of the matters mentioned in subsection (1) of section 10; and subsection (2) of that section shall apply as respects those conditions as it applies to the grant of consent subject to conditions.
(7)Where any application under section 17(1) is made to a hazardous substances authority then, unless within such period as may be prescribed, or within such extended period as may at any time be agreed upon in writing between the applicant and the hazardous substances authority, the hazardous substances authority either—
(a)give notice to the applicant of their decision on the application; or
(b)give notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 20,
the application shall be deemed to have been granted.
Textual Amendments
F1Words in s. 18(2)(b) 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. 9 (with Sch. 4)
Modifications etc. (not altering text)
C1S. 18 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art. 3
Commencement Information
I1S. 18 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; S. 18 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: