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Planning (Hazardous Substances) Act 1990, Section 29 is up to date with all changes known to be in force on or before 28 September 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.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(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 [F1relevant 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 [F3safety regulator] with regard to the matter.
(4)If the [F4safety regulator advises] the authority that the consent or notice is rendered wholly void, the authority shall revoke it.
(5)If [F5the 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—
the relevant statutory provisions within the meaning of Part 1 of the 1974 Act; and
the relevant statutory provisions within the meaning of the 2013 Act other than—
the provisions of the Nuclear Safeguards Act 2000; and
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
F1Words 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)
F2Words 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)
F3Words 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)
F4Words 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)
F5Words 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)
F6S. 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
I1S. 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
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