5 Power to prescribe hazardous substances.E+W
(1)For the purposes of this Act the Secretary of State—
(a)shall by regulations specify—
(i)the substances that are hazardous substances; and
(ii)the quantity which is to be the controlled quantity of any such substance; and
(b)may by regulations provide that, except in such circumstances as may be prescribed, all hazardous substances falling within a group specified in the regulations are to be treated as a single substance.
(2)Regulations which—
(a)are made by virtue of subsection (1)(a)(i); or
(b)are made by virtue of subsection (1)(a)(ii) and reduce the controlled quantity of a substance,
may make such transitional provision as appears to the Secretary of State to be appropriate.
(3)The power [F1under section 40(5) for regulations under this section to make transitional provision] includes, without prejudice to its generality, power to apply sections 11 and 26 subject to such modifications as appear to the Secretary of State to be appropriate.
(4)Regulations under this section may make different provision for different cases or descriptions of cases.
Textual Amendments
F1Words in s. 5(3) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 130(7), 255(3)(a) (with s. 247)
Modifications etc. (not altering text)
C1S. 5 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3
Commencement Information