Section 56O Health and safety requirements.F1

Scotland

(1)

Nothing in—

(a)

any hazardous substances consent granted or deemed to be granted under—

(i)

the preceding provisions of this Act; or

(ii)

section 38 of the Housing and Planning Act 1986; or

(b)

any hazardous substances contravention notice issued under section 97B of this Act,

shall require or allow anything to be done in contravention of any of the relevant statutory provisions or any prohibition notice or improvement notice served under or by virtue of any of those provisions; and to the extent that such a consent or notice purports to require or allow any such thing to be done, it shall be void.

(2)

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 (1) above, the authority shall, as soon as is reasonably practicable, consult the F2Health and Safety Executive with regard to the matter.

(3)

If the Health and Safety Executive advise the authority that the consent or notice is rendered wholly void, the authority shall revoke it.

(4)

If they advise that part of the consent or notice is rendered void, the authority shall so modify it as to render it wholly operative.

(5)

In this section— F3. . .

“relevant statutory provisions”,

“improvement notice” and

“prohibition notice” have the same meanings as in Part I of the Health and Safety at Work etc. Act M11974.

Annotations

Textual amendments

F1: Ss. 56A–56O inserted (18.2.1993 for certain purposes, otherwise 1.5.1993) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a)); S.I. 1993/273, arts.3, 5
F2: Words in s. 56O(2) substituted (18.2.1993) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 144, Sch. 13 para. 11(10); S.I. 1993/274, art.2(1)
F3: The definition of “the appropriate body” and the word “and” immediately following repealed (18.2.1993) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. VII; S.I. 1993/274, art. 2(1)

Marginal citations

M1: 1974 c.37(43:3).

Notes on the whole Act

Textual amendments

F1: Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Notes on Hazardous substances]

Textual amendments

F1: Ss. 56A–56O inserted (18.2.1993 for certain purposes, otherwise 1.5.1993) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a)); S.I. 1993/273, arts.3, 5