Law

Planning (Hazardous Substances) (Scotland) Act 1997

United Kingdom · statute

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In force since 2018-09-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 50 provisions
  1. Title and introductory text
  2. 1 Planning authorities: hazardous substances.
  3. 2 Requirement of hazardous substances consent.
  4. 3 Power to prescribe hazardous substances.
  5. 4 Hazardous substances consent: general.
  6. 5 Applications for hazardous substances consent.
  7. 6 Certificates as to interests in land etc.
  8. 7 Determination of applications for hazardous substances consent.
  9. 8 Power to impose conditions on grant of hazardous substances consent.
  10. 9 Deemed hazardous substances consent: established presence.
  11. 10 Deemed hazardous substances consent: government authorisation.
  12. 10A Deemed hazardous substances consent: established presence
  13. 10B Transitional exemptions
  14. 11 Applications for removal of conditions attached to hazardous substances consent.
  15. 12 General power by order to revoke or modify hazardous substances consent.
  16. 13 Confirmation by Secretary of State of section 12 orders.
  17. 14 Compensation in respect of orders under section 12(1).
  18. 15 Revocation of hazardous substances consent on change of control of land.
  19. 16 Determination of applications for continuation of hazardous substances consent.
  20. 17 Compensation on revocation or modification of consent under section 15.
  21. 18 Reference of applications to Secretary of State.
  22. 19 Appeals against decisions or failure to take decisions relating to hazardous substances.
  23. 20 Validity of decisions as to applications.
  24. 21 Offences.
  25. 22 Power to issue hazardous substances contravention notice.
  26. 23 Hazardous substances contravention notices: supplementary provisions.
  27. 24 Variation of hazardous substances contravention notices.
  28. 25 Interdicts restraining breaches of hazardous substances control.
  29. 26 Temporary exemption directions.
  30. 27 Registers etc.
  31. 28 Health and safety requirements.
  32. 29 Fees.
  33. 30 Application of this Act to planning authorities.
  34. 30A Application to the Crown
  35. 30B Enforcement in relation to the Crown
  36. 30C Reference to an interest in land
  37. 30D Crown application: transitional
  38. 31 Exercise of powers in relation to Crown land.
  39. 32 Application for hazardous substances consent in anticipation of disposal of Crown land.
  40. 32A Applications for hazardous substances consent by Crown
  41. 33 Rights of entry.
  42. 34 Power to issue warrants.
  43. 35 Rights of entry: supplementary provisions.
  44. 35A Rights of entry: Crown land
  45. 36 Application of certain general provisions of principal Act.
  46. 37 Financial provisions.
  47. 38 Interpretation.
  48. 39 Regulations.
  49. 40 Short title, commencement and extent.
  50. SCHEDULE Determination of certain appeals by person appointed by Secretary of State

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50 provisions

33 Rights of entry.

(1) Any person duly authorised in writing by the Secretary of State or by a planning authority may at any reasonable time enter any land for the purpose of surveying it in connection with— (a) any application for hazardous substances consent, or (b) any proposal to issue a hazardous substances contravention notice. (2) Any person duly authorised in writing by the Secretary of State or by a planning authority may at any reasonable time enter any land for the purpose of ascertaining whether an offence appears to have been committed under section 21. (3) Any person who is an officer of the Valuation Office or a person duly authorised in writing by the Secretary of State or by a planning authority may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of that land or any other land made by virtue of section 14 or 17. (4) Any person duly authorised in writing by the Secretary of State or a planning authority may at any reasonable time enter any land in respect of which a hazardous substances contravention notice has been served for the purpose of ascertaining whether the notice has been complied with. (5) Subject to sections 34 and 35, any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals in it.

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34 Power to issue warrants.

(1) If in relation to rights of entry exercised under section 33, the sheriff is satisfied— (a) that there are reasonable grounds for entering any land for any of the purposes mentioned in that section, 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, he may issue a warrant authorising any person duly authorised in writing 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.

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35 Rights of entry: supplementary provisions.

(1) A person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 33 or 34 (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 damage is caused to land or moveable property in the exercise of a right of entry, 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 86 of the principal Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part IV of the principal Act. (4) 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. (5) Subsection (4) 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. (6) A person who is guilty of an offence under subsection (4) shall be liable— (a) on summary conviction to a fine not exceeding the statutory maximum, and (b) on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine or both. (7) The authority of the Scottish Ministersshall be required for the carrying out of works in exercise of a power conferred under section 33(5) 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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35A Rights of entry: Crown land

(1) Section 33 applies to Crown land subject to the following modifications. (2) A person must not enter Crown land unless he has the relevant permission. (3) Relevant permission is the permission of— (a) a person appearing to the person seeking entry to the land to be entitled to give it, or (b) the appropriate authority. (4) In subsection (5), the words “and 35” must be ignored. (5) Section 35 does not apply to anything done by virtue of this section. (6) “Appropriate authority” must be construed in accordance with section 31(5).

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36 Application of certain general provisions of principal Act.

(1) The following provisions of the principal Act shall apply for the purposes of this Act as they apply for the purposes of that Act— section 85 (power to make provision for determination of claims), section 265 (local inquiries), section 265A (planning inquiries to be held in public subject to certain exceptions), section 266 (orders as to expenses of parties where no local inquiry held), section 267 (procedure on certain appeals and applications), section 271 (service of notices), section 271A(1) to (2) (service of notices on the Crown), section 272 (power to require information as to interests in land), section 272A(1) to (4) (information as to interests in Crown land), section 273 (offences by corporations), and section 276 (Act not excluded by special enactments). (2) In the application of section 265A of the principal Act for the purposes of this Act, the provisions mentioned in subsection (1) of the section shall be construed as including any inquiry held by virtue of this section.

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37 Financial provisions.

(1) Where— (a) compensation is payable by a planning authority under this Act in consequence of any decision or order given or made under sections 1 to 29 (except sections 9, 20 and 22 to 25) or the Schedule, and (b) that decision or order was given or made wholly or partly in the interest of a service which is provided by a government department and the cost of which is defrayed out of money provided by Parliament, the Minister responsible for the administration of that service may pay that authority a contribution of such amount as he may with the consent of the Treasury determine. (2) Any local authority and any statutory undertakers may contribute towards any expenses incurred by a planning authority in or in connection with the performance of any of their functions under sections 1 to 29 (except sections 9, 20 and 25), 34 and 35. (3) In the application of subsection (2) to a local authority, “planning authority” means a planning authority other than that local authority. (4) Subsections (3) and (4) of section 261 of the principal Act (borrowing by authorities for purposes of the principal Act) shall apply for the purposes of this Act as they apply for the purposes of that Act. (5) There shall be paid out of money provided by Parliament any expenses of the Secretary of State or any government department under this Act. (6) Any sums received by the Secretary of State under any provision of this Act shall be paid into the Consolidated Fund.

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38 Interpretation.

(1) In this Act— “contravention of hazardous substances control” shall be construed in accordance with section 21(2), “development consent” means development consent under the Planning Act 2008, “hazardous substances consent” means consent required by section 2, “hazardous substances contravention notice” means such a notice as is mentioned in section 22(1), and “the principal Act” means the Town and Country Planning (Scotland) Act 1997. “the safety regulator” means— in relation to land which is, or is on, a nuclear site (within the meaning of Part 3 of the Energy Act 2013), the Office for Nuclear Regulation; otherwise, the Health and Safety Executive. (2) In this Act, except in so far as the context otherwise requires and subject to the following provisions of this section, the following expressions have the same meaning as in the principal Act— development , development plan , enactment , functions , government department , land , local authority , minerals , Minister , owner , planning authority , planning permission , prescribed , public gas transporter , statutory undertakers , urban development corporation , use , and Valuation Office . (3) For the purposes of sections 2 to 8, 10 to 19, 21 to 23 and 29(1) and (2) any two bodies corporate are to be treated as being one person if— (a) one of them is a body corporate of which the other is a subsidiary (within the meaning of section 1159 of the Companies Act 2006 ), or (b) both of them are subsidiaries (within the meaning of that section ) of one and the same body corporate. (4) For the purposes of sections 10 and 37(2) a public gas transporter shall be deemed to be a statutory undertaker. (5) For the purposes of section 37(2) a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011 ) in connection with the provision of a universal postal service (within the meaning of that Part ), the Civil Aviation Authority , a person who holds a licence under chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence) and any holder of a licence under section 6(1) of the Electricity Act 1989 shall be deemed to be statutory undertakers. (6) Without prejudice to section 20(2) of the Interpretation Act 1978, references in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment.

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39 Regulations.

(1) The Secretary of State may make regulations— (a) for prescribing the form of any notice, order or other document authorised or required by this Act to be served, made or issued by a planning authority which is a local authority; (b) for any purpose for which regulations are authorised or required to be made under this Act. (2) Any power conferred by this Act to make regulations shall be exercisable by statutory instrument. (3) Any statutory instrument containing regulations made under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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40 Short title, commencement and extent.

(1) This Act may be cited as the Planning (Hazardous Substances) (Scotland) Act 1997. (2) This Act shall come into force at the end of the period of 3 months beginning with the day on which it is passed. (3) This Act extends to Scotland only.

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SCHEDULE Determination of certain appeals by person appointed by Secretary of State

Section 19(10). Determination of appeals by appointed person 1 (1) The Secretary of State may by regulations prescribe classes of appeals under section 19 which are to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State. (2) Those classes of appeals shall be so determined except in such classes of case— (a) as may for the time being be prescribed, or (b) as may be specified in directions given by the Secretary of State. (3) Such regulations may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph. (4) This paragraph shall not affect any provision in this Act or any instrument made under it that an appeal shall lie to, or a notice of appeal shall be served on, the Secretary of State. (5) A person appointed under this paragraph is referred to in this Schedule as an “appointed person”. Powers and duties of appointed person 2 (1) An appointed person shall have the same powers and duties as the Secretary of State has under section 19(5), (7) and (9). (2) Subsection (6) of that section shall not apply to an appeal which falls to be determined by an appointed person, but before it is determined the Secretary of State shall ask the appellant and the planning authority whether they wish to appear before and be heard by the appointed person. (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. (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 20, the decision of an appointed person on an appeal shall be final. 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 planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account by regulations made under section 6 or, as the case may be, 15(2) and, if any person has been appointed under paragraph 1, on him. (3) Where in consequence of such a direction an appeal under section 19 falls to be determined by the Secretary of State himself, 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 planning 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 planning authority, either of them was not asked in pursuance of paragraph 2(2) whether they wish 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. (5) Except as provided by sub-paragraph (4), 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 planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account by regulations made under section 6 or, as the case may be, 15(2). (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 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. (2) Where an appointed person— (a) holds a hearing by virtue of paragraph 2(4), 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 expenses of any such hearing or inquiry shall be paid by the Secretary of State. (4) Subsections (4) to (13) of section 265 of the principal Act apply to an inquiry held under this paragraph as they apply to an inquiry held under that section. (5) The appointed person has the same power to make orders under subsection (9) of that section in relation to proceedings under this Schedule which do not give rise to an inquiry as he has in relation to such an inquiry. (6) For the purposes of this paragraph, references to the Minister in subsections (9) to (12) of that section shall be read as references to the appointed person. (7) Subsections (2) to (13) of section 265A of the principal Act apply to the holding of an inquiry under this paragraph as they apply to the holding of an inquiry under section 265 of that Act. 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) The functions of determining an appeal and doing anything in connection with it conferred by this Schedule on an appointed person who is a member of the staff of the Scottish Administration shall be treated for the purposes of the Scottish Public Services Ombudsman Act 2002 (asp 11) as functions conferred on the Scottish Ministers.

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