OpenLegislation

Paragraph 252 Planning (Hazardous Substances) Act 1990 (c. 10)I1

England and Wales Not yet in force

(1)

Section 39 is amended as follows.

(2)

In subsection (1)—

(a)

in the definition of “hazardous substances authority”, for “and 3” substitute “, 3 and 3A”;

(b)

after the definition of “the safety regulator” insert—

  • ““the Welsh principal Act means the Planning (Wales) Act 2026.”

(3)

In subsection (2)—

(a)

after “In this Act” insert “as it applies in relation to England”;

(b)

omit the entry for “joint planning board”.

(4)

After subsection (2) insert—

“(2A)

In this Act as it applies in relation to Wales—

(a)

the following expressions have the same meanings as in the Welsh principal Act (see section 408 of that Act)—

  • “development”;

  • “the development plan”;

  • “enactment”;

  • “functions”;

  • “government department”;

  • “land”;

  • “local authority”;

  • “material change in the use of land”;

  • “minerals”;

  • “owner” (except in section 8);

  • “planning authority”;

  • “planning permission”;

  • “statutory undertaker”;

(b)

“Minister” means the Welsh Ministers, any Minister of the Crown or any other government department;

(c)

“prescribed means prescribed by regulations made by the Welsh Ministers.”

(5)

In subsections (4) and (5), after “sections 12 and 38(2)” insert “as they apply in relation to England,”.

(6)

In subsection (6), after “section 38(2)” insert “as it applies in relation to England,”.

Annotations

Commencement

I1

Sch. 2 para. 252 not in force at Royal Assent, see s. 5(2)