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Section 97B Power to issue hazardous substances contravention notice.F1C1

Scotland

(1)

Subject to subsection (2) below, where it appears to the planning authority that there is or has been a contravention of hazardous substances control they may issue a hazardous substances contravention notice if they consider it expedient to do so having regard to any material consideration.

(2)

A planning authority shall not issue a hazardous substances contravention notice where it appears to them that a contravention of hazardous substances control can be avoided only by the taking of action amounting to a breach of a statutory duty.

(3)

In this Act “hazardous substances contravention notice” means a notice—

(a)

specifying an alleged contravention of hazardous substances control; and

(b)

requiring such steps as may be specified in the notice to be taken to remedy F2wholly or partly the contravention.

(4)

A copy of a hazardous substances contravention notice shall be served—

(a)

on the owner, the lessee and the occupier of the land to which it relates; and

(b)

on such other persons as may be prescribed.

(5)

A hazardous substances contravention notice shall also specify—

(a)

a date not less than 28 days from the date of service of copies of the notice as the date on which it is to take effect;

(b)

in respect of each of the steps required to be taken to remedy the contravention of hazardous substances control, the period from the notice taking effect within which the step is to be taken.

(6)

Where a planning authority issue a hazardous substances contravention notice the steps required by the notice may, without prejudice to the generality of subsection (3)(b) above, if the authority think it expedient, include a requirement that the hazardous substance be removed from the land.

(7)

Where a notice includes such a requirement, it may also contain a direction that at the end of such period as may be specified in the notice any hazardous substances consent for the presence of the substance shall cease to have effect or, if it relates to more than one substance, shall cease to have effect so far as it relates to the substance which is required to be removed.

(8)

The planning authority may withdraw a hazardous substances contravention notice (without prejudice to their power to issue another) at any time before F3or after it takes effect.

(9)

If they do so, they shall forthwith give notice of the withdrawal to every person who was served with a copy of the notice F4or would, if the notice were re-issued, be served with a copy of it.

(10)

The Secretary of State may by regulations—

(a)

specify matters which are to be included in hazardous substances contravention notices, in addition to those which are required to be included in them by this section;

(b)

provide—

(i)

for appeals to him against hazardous substances contravention notices;

(ii)

for the persons by whom, grounds upon which and time within which such an appeal may be brought;

(iii)

for the procedure to be followed on such appeals;

(iv)

for the directions that may be given on such an appeal;

(v)

for the application to such appeals, subject to such modifications as the regulations may specify, of any of the provisions of sections 85, 231(3) and 233 of this Act;

(c)

direct that any of the provisions of sections 86 to 89A F5and 166 of this Act shall have effect in relation to hazardous substances contravention notices subject to such modifications as he may specify in the regulations;

(d)

make such other provision as he considers necessary orexpedient in relation to hazardous substances contravention notices.

(11)

If any person appeals against a hazardous substances contravention notice, the notice shall be of no effect pending the final determination or the withdrawal of the appeal.

(12)

Regulations under this section may make different provisions for different cases or descriptions of cases.

Annotations

Textual amendments

F1

S. 97B inserted (18.2.1993 for certain purposes, otherwise 1.5.1993) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 36; S.I. 1993/273, arts.3, 5

F2

Words in s. 97B(3)(b) inserted (18.2.1993) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 57, Sch. 10, para. 9(1)(a) (with s. 84(5)); S.I. 1993/275, art. 2

F3

Words in s. 97B(8) inserted (18.2.1993) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 57, Sch. 10, para. 9(1)(b) (with s. 84(5)); S.I. 1993/275, art.2

F4

Words in s. 97B(9) inserted (18.2.1993) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 57, Sch. 10, para. 9(1)(c) (with s. 84(5)); S.I. 1993/275, art. 2

F5

Words in s. 97B(10)(c) inserted (18.2.1993) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 144, Sch. 13 para. 11(11); S.I. 1993/274, art. 2

Modifications

C1

S. 97B amended (27.8.1993) by 1993 c. 12, ss. 40(1), 51(2), Sch. 3 Pt. II para.14 (with ss. 42, 46)

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 Part V

Modifications

C1

Pt. V excluded by Local Government, Planning and Land Act 1980 (c.65), Sch. 17 para. 8(2)

Notes on Hazardous substances

Textual amendments

F1

S. 97B and crossheading inserted (18.2.1993 for certain purposes, otherwise 1.5.1993) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 36; S.I. 1993/273, arts.3, 5