Planning (Hazardous Substances) Act 1990

• (3) If both the parties express a wish not to appear and be heard the appeal may be determined without their being heard.

• (4) If either of the parties expresses a wish to appear and be heard, the appointed person shall give them both an opportunity of doing so.

• (4B) Sub-paragraph (2) does not apply to an appeal to the Welsh Ministers.

• (5) Where an appeal has been determined by an appointed person, his decision shall be treated as that of the Secretary of State.

• (6) Except as provided by section 22, the validity of that decision shall not be questioned in any proceedings whatsoever.

• (7) It shall not be a ground of application to the High Court under that section, that an appeal ought to have been determined by the Secretary of State and not by an appointed person, unless the appellant or the hazardous substances authority challenge the appointed person’s power to determine the appeal before his decision on the appeal is given.

• (8) Where in any enactment (including this Act) there is a reference to the Secretary of State in a context relating or capable of relating—

• (a) to an appeal under section 21, or

• (b) to anything done or authorised or required to be done by, to or before the Secretary of State on or in connection with any such appeal,

then so far as the context permits it shall be construed, in relation to an appeal determined or falling to be determined by an appointed person, as a reference to him.

• (10) Sub-paragraph (8) does not apply to references to the Welsh Ministers in section 21B (determination by the Welsh Ministers of procedure for certain proceedings).

Determination of appeals by Secretary of State

3

• (1) The Secretary of State may, if he thinks fit, direct that an appeal which would otherwise fall to be determined by an appointed person shall instead be determined by the Secretary of State.

• (2) Such a direction shall state the reasons for which it is given and shall be served on the appellant, the hazardous substances authority, any person who made representations relating to the subject matter of the appeal which the authority were required to take into account by regulations made under section 8(4) or, as the case may be, regulations made under section 17(2) making provision corresponding to section 8(4) and, if any person has been appointed under paragraph 1, on him.

• (3) Where in consequence of such a direction an appeal under section 21 falls to be determined by the Secretary of State, the provisions of this Act which are relevant to the appeal shall, subject to the following provisions of this paragraph, apply to the appeal as if this Schedule had never applied to it.

• (4) The Secretary of State shall give the appellant, the hazardous substances authority and any person who has made such representations as are referred to in sub-paragraph (2) an opportunity of appearing before and being heard by a person appointed by the Secretary of State for that purpose if—

• (a) the reasons for the direction raise matters with respect to which any of those persons have not made representations; or

• (b) in the case of the appellant or the hazardous substances authority, either of them was not asked in pursuance of paragraph 2(2) whether they wished to appear before and be heard by the appointed person, or expressed no wish in answer to that question, or expressed a wish to appear and be heard but was not given an opportunity of doing so.

• (4C) Sub-paragraph (4) does not apply in the case of an appeal to the Welsh Ministers.

• (4D) In the case of an appeal to which section 21B applies, the Welsh Ministers must give the appellant, the hazardous substances authority and any person who has made representations mentioned in sub-paragraph (2) an opportunity to make further representations if the reasons for the direction raise matters with respect to which any of those persons have not made representations.

• (5) Except as provided by sub-paragraph (4) or (4D), the Secretary of State need not give any person an opportunity of appearing before and being heard by a person appointed for the purpose, or of making fresh representations or making or withdrawing any representations already made.

• (6) In determining the appeal the Secretary of State may take into account any report made to him by any person previously appointed to determine it.

4

• (1) The Secretary of State may by a further direction revoke a direction under paragraph 3 at any time before the determination of the appeal.

• (2) Such a further direction shall state the reasons for which it is given and shall be served on the person, if any, previously appointed to determine the appeal, the appellant, the hazardous substances authority and any person who made representations relating to the subject matter of the appeal which the authority were required to take into account by regulations made under section 8(4) or, as the case may be, regulations made under section 17(2) making provision corresponding to section 8(4).

• (3) Where such a further direction has been given the provisions of this Schedule relevant to the appeal shall apply, subject to sub-paragraph (4), as if no direction under paragraph 3 had been given.

• (4) Anything done by or on behalf of the Secretary of State in connection with the appeal which might have been done by the appointed person (including any arrangements made for the holding of a hearing or local inquiry) shall, unless that person directs otherwise, be treated as having been done by him.

Appointment of another person to determine appeal

5

• (1) At any time before the appointed person has determined the appeal the Secretary of State may—

• (a) revoke his appointment; and

• (b) appoint another person under paragraph 1 to determine the appeal instead.

• (2) Where such a new appointment is made the consideration of the appeal or any inquiry or other hearing in connection with it shall be begun afresh.

• (3) Nothing in sub-paragraph (2) shall require—

• (a) the question referred to in paragraph 2(2) to be asked again with reference to the new appointed person if before his appointment it was asked with reference to the previous appointed person (any answers being treated as given with reference to the new appointed person); or

• (b) any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Local inquiries and hearings

6

• (1) Whether or not the parties to an appeal have asked for an opportunity to appear and be heard, an appointed person—

• (a) may hold a local inquiry in connection with the appeal; and

• (b) shall do so if the Secretary of State so directs.

• (1B) Sub-paragraph (1) does not apply in the case of an appeal to the Welsh Ministers, but an appointed person may hold a hearing or a local inquiry in connection with such an appeal pursuant to a determination under section 21B.

• (2) Where an appointed person—

• (a) holds a hearing by virtue of paragraph 2(4) or this paragraph; or

• (b) holds an inquiry by virtue of this paragraph,

an assessor may be appointed by the Secretary of State to sit with the appointed person at the hearing or inquiry to advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal.

• (3) Subject to sub-paragraph (4), the costs—

• (a) of any hearing held by virtue of paragraph 2(4) or this paragraph; and

• (b) of any inquiry held under this paragraph,

shall be defrayed by the Secretary of State.

• (4) Section 250(2) to (5) of the Local Government Act 1972 (local inquiries: evidence and costs) applies to an inquiry held by virtue of this paragraph in England with the following adaptations—

• (a) for the references in subsection (4) (recovery of costs of holding the inquiry) to the Minister causing the inquiry to be held there shall be substituted references to the Secretary of State; and

• (b) for the reference in subsection (5) (orders as to the costs of the parties) to the Minister causing the inquiry to be held there shall be substituted a reference to the appointed person or the Secretary of State.

• (4A) Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales.

• (5) Subject to sub-paragraph (6), at any inquiry held by virtue of this paragraph oral evidence shall be heard in public and documentary evidence shall be open to public inspection.

• (6) If the Secretary of State is satisfied in the case of any such inquiry—

• (a) that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in sub-paragraph (7); and

• (b) that the public disclosure of that information would be contrary to the national interest,

he may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry by such persons or persons of such descriptions as he may specify in that direction.

• (7) The matters referred to in sub-paragraph (6)(a) are—

• (a) national security; and

• (b) the measures taken or to be taken to ensure the security of any premises or property.

• (8) The appointed person or the Secretary of State has the same power to make orders under section 250(5) of the Local Government Act 1972 (orders with respect to costs of the parties) in relation to proceedings in England under this Schedule which do not give rise to an inquiry as he has in relation to such an inquiry.

Supplementary provisions

7

• (1) The Tribunals and Inquiries Act 1992 shall apply to a local inquiry or other hearing held in pursuance of this Schedule as it applies to a statutory inquiry held by the Secretary of State, but as if in section 10(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by an appointed person.

• (2) Where an appointed person is an officer of the Ministry of Housing, Communities and Local Government or the Welsh Office the functions of determining an appeal and doing anything in connection with it conferred on him by this Schedule shall be treated for the purposes of the Parliamentary Commissioner Act 1967—

• (a) if he was appointed by the Secretary of State for the time being having general responsibility in planning matters in relation to England, as functions of that Department; and

• (b) if he was appointed by the Secretary of State for the time being having general responsibility in planning matters in relation to Wales, as functions of the Welsh Office.

Table of Derivations

Notes:

1

The following abbreviations are used in this Table:—

1969 c. 48 =	The Post Office Act 1969
1971 c. 78 =	The Town and Country Planning Act 1971
1973 c. 41 =	The Fair Trading Act 1973
1981 c. 41 =	The Local Government and Planning (Amendment) Act 1981
1982 c. 16 =	The Civil Aviation Act 1982
1982 c. 21 =	The Planning Inquiries (Public) Act 1982
1984 c. 10 =	The Town and Country Planning Act 1984
1985 c. 9 =	The Companies (Consequential Provisions) Act 1985
1986 c. 44=	The Gas Act 1986
1986 c. 63 =	The Housing and Planning Act 1986
1988 c. 4 =	The Norfolk and Suffolk Broads Act 1988
1988 c. 50 =	The Housing Act 1988
1989 c. 15 =	The Water Act 1989
1989 c. 29 =	The Electricity Act 1989

2

The letter R followed by a number indicates that the provision gives effect to the Recommendation bearing that number in the Law Commission’s Report on the Consolidation of Certain Enactments relating to Town and Country Planning (Cmnd.958).

3

The entry “drafting” indicates a provision of a mechanical or editorial nature only affecting the arrangement of the consolidation.

Provision	Derivation
1	1971 c. 78 s.1A(1); 1986 c. 63 s.30.
2(1)	1971 c. 78 s.1B(1), (2); 1986 c. 63 s.30.
(2)	1971 c. 78 s.1B(3)(4); 1986 c. 63 s.30.
(3)	1971 c. 78 s.1B(5); 1986 c. 63 s.30.
(4)	1971 c. 78 s.1B(4); 1986 c. 63 s.30.
3(1)	1971 c. 78 s.1A(2); 1986 c. 63 s.30.
(2)	1971 c. 78 s.1A(3); 1986 c. 63 s.30.
(3)	1971 c. 78 s.1A(3A); 1988 c. 4 Sch. 3 para.9; R 54.
(4)	1971 c. 78 s.1A(4); 1986 c. 63 s.30; R 54.
(5)	1988 c. 50 s.67(6); R 54.
(6)	1971 c. 78 s.1A(1)(part); 1986 c. 63 s.30.
4(1),(2)	1971 c. 78 s.58B(1); 1986 c. 63 s.31.
(3)	1971 c. 78 s.58B(2); 1986 c. 63 s.31.
(4)	1971 c. 78 s.58B(3)(b); 1986 c. 63 s.31.
(5)	1971 c. 78 s.58B(6); 1986 c. 63 s.31.
5(1)	1971 c. 78 s.58B(3)(a), (3)(c); 1986 c. 63 s.31.
(2)	1971 c. 78 s.58B(4); 1986 c. 63 s.31.
(3)	1971 c. 78 s.58B(5); 1986 c. 63 s.31.
(4)	1971 c. 78 s.58B(6); 1986 c. 63 s.31.
6(1)	1971 c. 78 ss.58C, 58F; 1986 c. 63 s.34.
(2)	1971 c. 78 s.58J(1); 1986 c. 63 s.31.
7(1)	1971 c. 78 s.58C(1); 1986 c. 63 s.31.
(2)	1971 c. 78 s.58C(4); 1986 c. 63 s.31.
(3)	1971 c. 78 s.58C(5); 1986 c. 63 s.31.
(4)	1971 c. 78 s.58C(6); 1986 c. 63 s.31.
8(1)to(5)	1971 c. 78 s.58C(2); 1986 c. 63 s.31.
(6)	1971 c. 78 s.58C(3); 1986 c. 63 s.31.
(7)	1971 c. 78 s.58C(6); 1986 c. 63 s.31.
(8)	1971 c. 78 s.27(7).
9(1)	1971 c. 78 s.58D(1)(part); 1986 c. 63 s.31.
(2)	1971 c. 78 s.58D(1)(2); 1986 c. 63 s.31.
(3)	1971 c. 78 s.58D(3); 1986 c. 63 s.31.
(4)	1971 c. 78 s.58D(4)(part); 1986 c. 63 s.31.
10(1)	1971 c. 78 s.58D(5); 1986 c. 63 s.31.
(2)	1971 c. 78 s.58D(5); 1986 c. 63 s.31; R 55.
(3)	1971 c. 78 s.58D(4)(c); 1986 c. 63 s.31.
11(1)	1986 c. 63 s.34(3).
(2)	1986 c. 63 s.34(4).
(3)	1986 c. 63 s.34(5).
(4)	1986 c. 63 s.34(6).
(5)	1986 c. 63 s.34(7).
(6)	1986 c. 63 s.34(8).
(7)	1986 c. 63 s.34(9).
(8)	1986 c. 63 s.34(10).
12(1)	1971 c. 78 s.58F(1); 1986 c. 63 s.31.
(2)	1989 c. 29 Sch. 8 para. 7(2).
(3)	1971 c. 78 s.58F(2); 1986 c. 63 s.31; 1989 c. 29 Sch. 8 para. 7(2).
(4)	1971 c. 78 s.58F(4); 1986 c. 63 s.31.
(5)	1971 c. 78 s.58F(3); 1986 c. 63 s.31.
13(1)	1971 c. 78 s.58G(1); 1986 c. 63 s.31.
(2)to(4)	1971 c. 78 s.58G(2); 1986 c. 63 s.31.
(5)to(7)	1971 c. 78 s.58G(3) to (5); 1986 c. 63 s.31.
14(1)	1971 c. 78 s.58H(3); 1986 c. 63 s.31.
(2), (3)	1971 c. 78 s.58H(1)(part), (2); 1986 c. 63 s.31.
(4)	1971 c. 78 s.58H(4); 1986 c. 63 s.31.
15(1), (2)	1971 c. 78 s.58H(5); 1986 c. 63 s.31.
(3) to (5)	1971 c. 78 s.58H(6); 1986 c. 63 s.31.
(6)	1971 c. 78 c.58H(7); 1986 c. 63 s.31.
16(1)	1971 c. 78 s.58H(8); 1986 c. 63 s.31.
(2) to (4)	1971 c. 78 s.170(2) to (4).
(5)	Drafting.
17(1)	1971 c. 78 s.58J(2); 1986 c. 63 s.31.
(2)	1971 c. 78 s.58J(3); 1986 c. 63 s.31.
18(1)	1971 c. 78 s.58J(4)(part); 1986 c. 63 s.31.
(2)	1971 c. 78 s.58J(4)(part),(5); 1986 c. 63 s.31.
(3)	1971 c. 78 s.58J(6); 1986 c. 63 s.31.
(4)	1971 c. 78 s.58J(7); 1986 c. 63 s.31.
(5)	1971 c. 78 s.58J(8); 1986 c. 63 s.31.
(6)	1971 c. 78 s.58J(9); 1986 c. 63 s.31; R 56.
(7)	1971 c. 78 s.58J(10),(11),(a),(d), s.37; 1986 c. 63 s.31.
19	1971 c. 78 s.58J(12); 1986 c. 63 s.31.
20(1)	1971 c. 78 ss.35(1), 58E, 58J(10),(11); 1986 c. 63 s.31.
(2)	1971 c. 78 ss.35(2), 58E, 58J(10),(11); 1986 c. 63 s.31.
(3)	1971 c. 78 ss.35(3), 58E, 58J(10),(11); 1986 c. 63 s.31.
(4)	1971 c. 78 ss.35(5), 58E, 58J(10),(11); 1986 c. 63 s.31.
(5)	1971 c. 78 ss.35(6), 58E, 58J(10),(11); 1986 c. 63 s.31.
(6)	1971 c. 78 s.58E(3); 1986 c. 63 s.31.
21(1)	1971 c. 78 ss.58E, 58J(10),(11), 36(1); 1986 c. 63 s.31; R 57.
(2)	1971 c. 78 ss.58E, 58J(10),(11), 37; 1986 c. 63 s.31; R 8(a).
(3)	1971 c. 78 ss.58E, 58J(10),(11), 36(2); 1986 c. 63 s.31.
(4)	1971 c. 78 ss.58E, 58J(10),(11), 36(3); 1986 c. 63 s.31.
(5)	1971 c. 78 ss.58E, 58J(10),(11), 36(4); 1986 c. 63 s.31.
(6)	1971 c. 78 ss.58E, 58J(10),(11) 36(6); 1986 c. 63 s.31.
(7)	1971 c. 78 s.58E(3); 1986 c. 63 s.31.
(8)	1971 c. 78 ss.36(8), 58E, 58J(10),(11); 1986 c. 63 s.31.
22(1)	1971 c. 78 s.245(1); R 57 and R 58.
(2)	1971 c. 78 s.245(2) (7); R 57 and R 58.
(3)	1971 c. 78 s.245(4).
(4)	1971 c. 78 s.245(7)(part); 1972 c. 70 Sch.16 para.46.
(5)	1971 c. 78 s.242(1)(e), (3)(dd); 1986 c. 63 Sch.7 para.2; R 57.
(6)	1971 c. 78 s.242(4).
23	1971 c. 78 s.58K; 1986 c. 63 s.31.
24(1)	1971 c. 78 s.101B(1),(3); 1986 c. 63 s.32.
(2)	1971 c. 78 s.101B(3)(part); 1986 c. 63 s.32.
(3)	1971 c. 78 s.101B(2); 1986 c. 63 s.32.
(4) to (9)	1971 c. 78 s.101B(4) to (9); 1986 c. 63 s.32.
25(1) to (3)	1971 c. 78 s.101B (10) to (12); 1986 c. 63 s.32.
(4)	1971 c. 78 s.110(2).
26	1986 c. 63 s.34(1),(2),(10).
27	1971 c. 78 s.58L; 1986 c. 63 s.31.
28	1971 c. 78 s.58M; 1986 c. 63 s.31; R 55, R 59.
29(1),(2)	1971 c. 78 s.58N(1); 1986 c. 63 s.31.
(3)	1971 c. 78 s.58N(2); 1986 c. 63 s.31.
(4)	1971 c. 78 s.58N(3); 1986 c. 63 s.31.
(5)	1971 c. 78 s.58N(4); 1986 c. 63 s.31.
(6)	1971 c. 78 s.58N(5); 1986 c. 63 s.31.
30(1)	1971 c. 78 s.271A(1); 1986 c. 63 Sch.7 Part I para.5.
(2)	1971 c. 78 s.271A(2); 1986 c. 63 Sch.7 Part I para.5.
31(1)	1971 c. 78 s.266(1)(b).
(2)	1971 c. 78 s.266(2)(a); 1981 c. 41 Sch. para.20; 1986 c. 63 Sch.7 Part I para. 3.
(3)	1971 c. 78 s.266(7).
(4)	1984 c. 10 s.4(1).
(5)	1971 c. 78 s.266(7); 1984 c. 10 s.6(1).
(6)	1971 c. 78 s.266(7)(part).
32(1)	1984 c. 10 s.1(1); 1986 c. 10 Sch.7 Part I para. 8.
(2)	1984 c. 10 s.1(2).
(3)	1984 c. 10 s.1(3A); 1986 c. 10 Sch.7 para. 8.
(4)	1984 c. 10 s.1(5); R 60.
(5)	1984 c. 10 s.1(7).
(6)	1984 c. 10 ss.1(6), 6(1),(2).
(7)	1984 c. 10 s.6(1),(2).
(8)	1984 c. 10 s.4(1).
33	1971 c. 78 s.273.
34(1)to(3)	1971 c. 78 s.274(1)to(3).
(4)	1971 c. 78 s.274(5).
35	1971 c. 78 s.269(2); 1986 c. 63 Sch.7 Part I para.4.
36(1)	1971 c. 78 s.280(1A); 1986 c. 63 Sch.7 Part I para.6.
(2)	1971 c. 78 s.280(4)(part); 1986 c. 63 Sch.7 Part I para.6.
(3)	1971 c. 78 s.280(6),(6A); 1986 c. 63 Sch.7 Part I para.6.
(4)	1971 c. 78 s.280(8); 1986 c. 63 Sch.7 Part I para.6; R 61.
(5)	1971 c. 78 s.280(9).
(6)	1971 c. 78 s.281, drafting.
37	1971 c. 28 ss. 282, 282A, 282B, 283, 284, 285; 1986 c. 63 Sch. 11 paras. 9, 10.
38(1)	1971 c. 78 s.254.
(2)	1971 c. 78 s.255(2)(b); R 62.
(3)	1971 c. 78 s.255(3).
(4)	1971 c. 78 s.255(5).
(5)	1971 c. 78 s.263(1); 1972 c. 70 Sch. 29 Pt. I para. 3(b).
(6),(7)	1971 c. 78 ss. 260(1)(part), 262; 1986 c. 63 s.56.
39(1),(2)	1971 c. 78 s.290(1); 1986 c. 44 Sch. 7 para. 2(9)(e); 1986 c. 63 Sch.7 Part I para.7(a),(b).
(3)	1971 c. 78 s.58B(7); 1973 c. 41 s.137(5); 1985 c. 9 Sch.2; 1986 c. 63 s.31.
(4)	1986 c. 44 Sch.7 para.2(1),(9).
(5)	1989 c. 15 Sch.25 para. 1(1),(2),(10).
(6)	1969 c. 49 Sch. 4 para. 93;1982 c. 16 Sch. 2 para. 4; 1989 c. 29 Sch. 16 para. 1(1)(xxii).
(7),(8)	1971 c. 78 s.290(2).
40(1)	1971 c. 78 s.287(1)(b).
(2),(3)	1971 c. 78 s.287(2).
41(1)	Drafting.
(2)	Drafting.
(3)	1986 c. 63 s.57(2).
(4)	Drafting.
Sch. para.1(1)	1971 c. 78 Sch.9 para.1(1).
(2)	1971 c. 78 Sch.9 para.1(1).
(3)	1971 c. 78 Sch.9 para.1(2).
(4)	1971 c. 78 Sch.9 para.1(3).
(5)	Drafting.
para.2(1)	1971 c. 78 Sch.9 para.2(1).
(2)	1971 c. 78 Sch.9 para.2(2).
(3)	1971 c. 78 Sch.9 para.2(2)(a).
(4)	1971 c. 78 Sch.9 para.2(2)(b).
(5)	1971 c. 78 Sch.9 para.3.
(6)	1971 c. 78 Sch.9 para.2(3)(a).
(7)	1971 c. 78 Sch.9 para.2(3)(b).
(8)	1971 c. 78 Sch.9 para.2(4).
para.3(1)	1971 c. 78 Sch.9 para.3(1).
(2)	1971 c. 78 Sch.9 para.3(2); R 52.
(3)	1971 c. 78 Sch.9 para.3(3).
(4)	1971 c. 78 Sch.9 para.3(4); R 52.
(5)	1971 c. 78 Sch.9 para.3(5).
(6)	1971 c. 78 Sch.9 para.3(5).
para.4(1)	1971 c. 78 Sch.9 para.3A(1); 1986 c. 63 Sch.11 para.11.
(2)	1971 c. 78 Sch.9 para.3A(2); 1986 c. 63 Sch.11 para.11; R 52.
(3)	1971 c. 78 Sch.9 para.3A(3); 1986 c. 63 Sch.11 para.11.
(4)	1971 c. 78 Sch.9 para.3A(4); 1986 c. 63 Sch.11 para.11.
para.5(1)	1971 c. 78 Sch.9 para.4(1).
(2)	1971 c. 78 Sch.9 para.4(2)(a).
(3)	1971 c. 78 Sch.9 para.4(2).
para.6(1)	1971 c. 78 Sch.9 para.5(1).
(2)	1971 c. 78 Sch.9 para.5(1A); 1986 c. 63 Sch.11 para.12.
(3)	1971 c. 78 Sch.9 para.5(2).
(4)	1971 c. 78 Sch.9 para.5(3); 1986 c. 63 Sch.11 para.8(2).
(5)	1982 c. 21 s.1(1).
(6)	1982 c. 21 s.1(2),(3).
(7)	1982 c. 21 s.1(4).
(8)	1971 c. 78 Sch.9 para.5(4); 1986 Sch.11 para.9(2).
para.7	1971 c. 78 Sch.9 para.7.

Hazardous substances authorities: general.

24A

• (1) A hazardous substances 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 24(5)(b) in the notice.

• (2) The powers conferred by subsection (1) may be exercised before or after the notice takes effect.

• (3) The hazardous substances 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.

26A

• (1) Provision may be made by regulations for the payment of a fee of the prescribed amount to a hazardous substances authority in respect of an application for, or for the continuation of, hazardous substances consent.

• (2) Regulations under this section may provide for the payment to the Secretary of State of a fee of the prescribed amount in respect of any application which is, by virtue of regulations under section 25, deemed to have been made for hazardous substances consent.

• (3) Regulations under this section may provide—

• (a) for the transfer of prescribed fees received by a hazardous substances authority in respect of any application which is referred to the Secretary of State under section 20;

• (b) for the remission or refunding of a prescribed fee (in whole or in part) in prescribed circumstances or in pursuance of a direction given by the Secretary of State;

and the regulations may make different provision for different areas or for different cases or descriptions of cases.

Injunctions.

26AA

• (1) Where a hazardous substances authority consider it necessary or expedient for any actual or apprehended contravention of hazardous substances control to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Act.

• (2) On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the contravention.

• (3) Rules of court may, in particular, provide for such an injunction to be issued against a person whose identity is unknown.

• (4) In this section “the court” means the High Court or the county court.

Health and safety requirements.

30A

• (1) This Act (except the provisions specified in subsection (2)) binds the Crown.

• (2) The provisions are—

• (a) section 8(6);

• (b) section 23;

• (c) section 26AA;

• (d) section 36A;

• (e) section 36B(2).”

30B

• (1) This section applies if at any time during the establishment period a hazardous substance was present on, over or under Crown land.

• (2) The appropriate authority must make a claim in the prescribed form before the end of the transitional period.

• (3) The claim must contain the prescribed information as to—

• (a) the presence of the substance during the establishment period;

• (b) how and where the substance was kept and used.

• (4) Unless subsection (5) or (7) applies, the hazardous substances authority is deemed to have granted the hazardous substances consent claimed in pursuance of subsection (2).

• (5) This subsection applies if the hazardous substances authority think that a claim does not comply with subsection (3).

• (6) If subsection (5) applies, the hazardous substances authority must, before the end of the period of two weeks starting with the date they received the claim—

• (a) notify the claimant that they think the claim is invalid;

• (b) give their reasons.

• (7) This subsection applies if at no time during the establishment period was the aggregate quantity of the substance equal to or greater than the controlled quantity.

• (8) Hazardous substances consent which is deemed to be granted under this section is subject—

• (a) to the condition that the maximum aggregate quantity of the substance that may be present for the purposes of this subsection at any one time must not exceed the established quantity;

• (b) to such other conditions (if any) as are prescribed for the purposes of this section and are applicable in the case of the consent.

• (9) A substance is present for the purposes of subsection (8)(a) if—

• (a) it is on, over or under land to which the claim for consent relates,

• (b) it is on, over or under other land which is within 500 metres of it and is controlled by the Crown, or

• (c) it is in or on a structure controlled by the Crown any part of which is within 500 metres of it,

and in calculating whether the established quantity is exceeded a quantity of a substance which falls within more than one of paragraphs (a) to (c) must be counted only once.

• (10) The establishment period is the period of 12 months ending on the day before the date of commencement of section 79(3) of the Planning and Compulsory Purchase Act 2004.

• (11) The transitional period is the period of six months starting on the date of commencement of that section.

• (12) The established quantity in relation to any land is the maximum quantity which was present on, over or under the land at any one time within the establishment period.

31A

• (1) This section applies to an application for hazardous substances consent made by or on behalf of the Crown.

• (2) The Secretary of State may by regulations modify or exclude any statutory provision relating to the making and determination of such applications.

• (3) A statutory provision is a provision contained in or having effect under any enactment.

36A

• (1) If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

• (a) that there are reasonable grounds for entering any land for any of the purposes mentioned in section 36; 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,

the justice may issue a warrant authorising any person duly authorised in writing by a hazardous substances authority to enter the land.

• (2) For the purposes of subsection (1)(b)(i) 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.

36B

• (1) A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 36 or 36A (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 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.

• (4) Subsection (3) 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.

• (5) A person who is guilty of an offence under subsection (3) shall be liable—

• (a) on summary conviction to a fine not exceeding the statutory maximum, or

• (b) on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

• (6) If any damage is caused to land or chattels in the exercise of—

• (a) a right of entry; or

• (b) a power conferred by virtue of section 36(5) in connection with such a right,

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 118 of the principal Act shall apply in relation to compensation under this section as it applies in relation to compensation under Part IV of that Act.

• (7) The authority of the appropriate Minister shall be required for the carrying out of works in the exercise of a power under section 36 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 265(1) and (3) of the principal Act (meaning of “appropriate Minister”) applies for the purposes of subsection (7) as it applies for the purposes of section 325(9) of the principal Act.

Application of certain general provisions of principal Act.

Short title, commencement and extent.

6A

• (1) If the Secretary of State is considering giving a direction under paragraph 6(6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.

• (2) If before the Secretary of State gives a direction under paragraph 6(6) no person is appointed under sub-paragraph (1), the Attorney General may at any time appoint a person as mentioned in sub-paragraph (1) for the purposes of the inquiry.

• (3) The Lord Chancellor may by rules make provision—

• (a) as to the procedure to be followed by the Secretary of State before he gives a direction under paragraph 6(6) in a case where a person has been appointed under sub-paragraph (1);

• (b) as to the functions of a person appointed under sub-paragraph (1) or (2).

• (4) If a person is appointed under sub-paragraph (1) or (2) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry in relation to a matter mentioned in paragraph 6(7) (the responsible person) to pay the fees and expenses of the appointed representative.

• (5) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.

• (6) The Secretary of State must cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified.

• (7) An amount so certified is recoverable from the responsible person as a civil debt.

• (8) Rules made under sub-paragraph (3) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (9) Sub-paragraph (10) applies if—

• (a) a person is appointed under sub-paragraph (1) or (2), but

• (b) no inquiry is held as mentioned in paragraph 6(1).

• (10) Sub-paragraphs (4) to (7) above apply in respect of the fees and expenses of the person appointed as if the inquiry had been held.

• (11) For the purposes of sub-paragraph (10) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under sub-paragraph (4) if an inquiry had been held.

• (12) Sub-paragraphs (9) to (11) do not affect paragraph 6(8).

Local inquiries: Wales

8

• (1) This paragraph applies in relation to a local inquiry held in pursuance of this Schedule if the matter in respect of which the inquiry is to be held relates to Wales.

• (2) The references in paragraph 6A(1) and (2) to the Attorney General must be read as references to the Counsel General to the Welsh Assembly Government.

• (3) The Assembly may by regulations make provision as mentioned in paragraph 6A(3) in connection with a local inquiry to which this section applies.

• (4) If the Assembly acts under sub-paragraph (3) rules made by the Lord Chancellor under paragraph 6A(3) do not have effect in relation to the inquiry.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Section 40(3) does not apply to regulations made under this paragraph.

Table of Derivations

Notes:

1

The following abbreviations are used in this Table:—

2

The letter R followed by a number indicates that the provision gives effect to the Recommendation bearing that number in the Law Commission’s Report on the Consolidation of Certain Enactments relating to Town and Country Planning (Cmnd.958).

3

The entry “drafting” indicates a provision of a mechanical or editorial nature only affecting the arrangement of the consolidation.

Editorial notes

[^c10197801]: A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.

[^c10197811]: Act amended by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), ss. 72(2), 91(4)

[^c10197821]: Act modified by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 5, Sch. 3 paras. 13, 14

[^c10197831]: Act amended by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 1(1)(3)(5)

[^c10197841]: Power to modify Act conferred by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 6(5)

[^c10197851]: Act amended by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 336(9) Act amended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 14(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7) Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1

[^c10197861]: Act modified by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 28, 54, 173(8), Sch. 2 Pt. III para. 3(a) Act modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III para. 15(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2 Act modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III para. 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

[^c10197871]: Power to modify Act conferred by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 314–319, Sch. 16 Act (except ss. 12(2), 31(6)): transfer of certain functions in relation to Wales (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c10197911]: S. 1 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 1 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2

[^c10197921]: Words in s. 1 inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 26(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

[^c10197931]: Words repealed (1.1.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. VII; S.I. 1991/2829, art. 3

[^c10197961]: S. 2 repealed (1.1.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 144, 162(2), Sch. 13 para. 2(1), Sch. 16 Pt. VII; S.I. 1991/2829, art. 3

[^c10198111]: S. 3 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; S. 3 in force for certain purposes at 11.3.1992 see S. I. 1992/725, art 2

[^c10198121]: Words in s. 3(1) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 26(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

[^c10198131]: S. 3(1)(a)(2) and words in s. 3(1) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

[^c10198161]: Words in s. 3(3)-(5A) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

[^c10198181]: 1988 c. 50.

[^c10198221]: S. 3(6) repealed (1.1.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. VII; S.I. 1991/2829, art. 3

[^c10198251]: S. 4 wholly in force at 1.6.1992; s. 4 in force for certain purposes at 11.3.1992 see S. I. 1992/725, art. 2, 3

[^c10198261]: S. 4 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art. 3

[^c10198271]: S. 4(2)(aa) inserted (20.4.1999) by S.I. 1999/981, reg. 2(2)(a)

[^c10198281]: Words in s. 4(2)(b)(c) substituted (20.4.1999) by S.I. 1999/981, reg. 2(2)(b)(c)

[^c10198301]: S. 4(2A) inserted (20.4.1999) by S.I. 1999/981, reg. 2(2)(d)

[^c10198311]: S. 4(3) substituted (20.4.1999) by S.I. 1999/981, reg. 2(2)(e)

[^c10198321]: S. 5 in force for certain purposes at 11.3.1992; s. 5 wholly in force at 1.6.1992 see S.I. 1992/725, art. 2, 3

[^c10198331]: S. 5 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3

[^c10198341]: S. 6 wholly in force at 1.6.1992; s. 6 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2, 3

[^c10198351]: S. 6 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3

[^c10198391]: S. 7 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 7 in force for certain purposes at 11.3.1992 see S. I. 1992/725, art. 2

[^c10198401]: S. 7 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3

[^c10198411]: Words inserted (1.1.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 144, Sch. 13 Pt. I para. 3; S.I. 1991/2829, art. 3

[^c10198431]: S. 8 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 8 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2

[^c10198441]: S. 8 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3

[^c10198461]: S. 9 applied (1.6.1992) by S.I. 1992/656, reg. 26(4)

[^c10198471]: S. 9 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 9 in force for certain purposes at 11.3.1992 see S. I. 1992/725, art 2

[^c10198481]: S. 9 power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3

[^c10198491]: S. 9(1): functions of local authority not to be the responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

[^c10198531]: S. 10 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 10 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2

[^c10198541]: S. 10 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3

[^c10198551]: S. 10: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

[^c10198561]: Words "A hazardous substances authority" substituted (1.1.1992) for words commencing "An authority" by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 144, Sch. 13 Pt. I para. 2(3); S.I. 1991/2829, art. 3

[^c10198651]: S. 11 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 11 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art 2

[^c10198661]: S. 11: power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3 S. 11 applied (with modifications) (temp.) (20.4.1999) by S.I. 1999/981, reg. 4(1)

[^c10198671]: Words "while it was so present" substituted (1.1.1992) for "immediately before the relevant date" by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 144, Sch. 13 Pt. I para. 4(a); S.I. 1991/2829, art. 3

[^c10198681]: Words repealed (1.1.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. VII; S.I. 1991/2829, art. 3

[^c10198691]: Words inserted (1.1.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 144, Sch. 13 Pt. I para. 4(b); S.I. 1991/2829, art. 3

[^c10198701]: Word "and" and para. (b) commencing "to such other" substituted (1.1.1992) for paras. (b)(c) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 144, Sch. 13 Pt. I para. 4(b); S.I. 1991/2829, art. 3

[^c10198711]: S.I. 1982/1357.

[^c10198721]: 1986 c. 63.

[^c10198761]: S. 12 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 12 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2

[^c10198771]: S. 12 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3

[^c10198781]: S. 12 extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 14(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

[^c10198791]: 1989 c. 29.