Planning (Hazardous Substances) (Scotland) Act 1997

28 Health and safety requirements.S

(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 22,

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 planning 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 1974 (“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;

  • “the relevant provisions” means—

    (a)

    the relevant statutory provisions within the meaning of Part 1 of the 1974 Act; and

    (b)

    the relevant statutory provisions within the meaning of Part of the 2013 Act other than—

    (i)

    the provisions of the Nuclear Safeguards Act 2000; and

    (ii)

    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