OpenLegislation

Section 18 Determination of applications for continuation of hazardous substances consent.I1C1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

When an application is made under section 17 for the continuation of a hazardous substances consent the hazardous substances authority—

(a)

may modify the consent in any way they consider appropriate; or

(b)

may revoke it.

(2)

In dealing with such an application the authority shall have regard to any material consideration and, in particular, but without prejudice to the generality of the foregoing—

(a)

to the matters to which a hazardous substances authority are required to have regard by section 9(2)(a) to (d); and

(b)

to any advice which the F1safety regulator has given following consultations in pursuance of regulations under section 17(2).

(3)

If an application relates to more than one consent, the authority may make different determinations in relation to each.

(4)

If a consent relates to more than one hazardous substance, the authority may make different determinations in relation to each.

(5)

It shall be the duty of a hazardous substances authority, when continuing hazardous substances consent, to attach to the consent either—

(a)

a statement that it is unchanged in relation to the matters included in it by virtue of sections 9(4) and 10(3); or

(b)

a statement of any change in respect of those matters.

(6)

The modifications which a hazardous substances authority may make by virtue of subsection (1)(a) include, without prejudice to the generality of that subsection, the making of the consent subject to conditions with respect to any of the matters mentioned in subsection (1) of section 10; and subsection (2) of that section shall apply as respects those conditions as it applies to the grant of consent subject to conditions.

(7)

Where any application under section 17(1) is made to a hazardous substances authority then, unless within such period as may be prescribed, or within such extended period as may at any time be agreed upon in writing between the applicant and the hazardous substances authority, the hazardous substances authority either—

(a)

give notice to the applicant of their decision on the application; or

(b)

give notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 20,

the application shall be deemed to have been granted.

Annotations

Textual amendments

F1

Words in s. 18(2)(b) 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. 9 (with Sch. 4)

Modifications

C1

S. 18 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art. 3

Commencement

I1

S. 18 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; S. 18 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2