Planning (Hazardous Substances) Act 1990

Supplemental

39Interpretation

(1)In this Act —

• “contravention of hazardous substances control” has the meaning given in section 23(2);

• “hazardous substances authority” is to be construed in accordance with sections 1 to 3;

• “hazardous substances consent” means consent required by section 4;

• “hazardous substances contravention notice” means such a notice as is mentioned in section 24(1);

• “the principal Act” means the [1990 c. 8.] Town and Country Planning Act 1990.

(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—

• “the 1971 Act”;

• “the appropriate Minister”;

• “the Broads”;

• “development”;

• “development plan”;

• “enactment”;

• “functions”;

• “government department”;

• “joint planning board”;

• “land”;

• “local authority”;

• “local planning authority”;

• “London borough”;

• “mineral working deposit”;

• “minerals”;

• “Minister”;

• “operational land”;

• “owner”;

• “the planning Acts”;

• “prescribed”;

• “public gas supplier”;

• “statutory undertakers”;

• “tenancy”;

• “urban development area” and “urban development corporation”;

• “use”;

• “Valuation Office”;

but this subsection does not affect the meaning of “owner” in section 8.

(3)For the purposes of sections 4 to 21 and 23 to 26 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 736 of the [1985 c. 6.] Companies Act 1985); or

(b)both of them are subsidiaries (within the meaning of that Act) of one and the same body corporate.

(4)For the purposes of sections 2, 12 and 38(2) a public gas supplier shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking.

(5)For the purposes of sections 2, 12 and 38(2) the National Rivers Authority and every water or sewerage undertaker shall be deemed to be a statutory undertaker and its undertaking a statutory undertaking; and for the purposes of sections 2, 7, 28 and 29 and subsections (7) and (8) of this section, “the appropriate Minister”—

(a)in relation to the National Rivers Authority, means the Secretary of State or the Minister of Agriculture; and

(b)in relation to a water or sewerage undertaker, means the Secretary of State.

(6)For the purposes of section 38(2) the Post Office, the Civil Aviation Authority and any holder of a licence under section 6(1) of the [1989 c. 29.] Electricity Act 1989 shall be deemed to be statutory undertakers and their undertakings statutory undertakings.

(7)If, in relation to anything required or authorised to be done under this Act, any question arises as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

(8)If any question so arises whether land of statutory undertakers is operational land, that question shall be determined by the Minister who is the appropriate Minister in relation to those undertakers.

40Regulations

(1)The Secretary of State may make regulations under this Act for any purpose for which regulations are authorised or required to be made under this Act, not being a purpose for which regulations are authorised or required to be made by another Minister.

(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.

41Short title, commencement and extent

(1)This Act may be cited as the Planning (Hazardous Substances) Act 1990.

(2)If an order has been made under section 57(2) of the [1986 c. 63.] Housing and Planning Act 1986 appointing a date during or at the end of the period of three months beginning with the day on which this Act is passed as the date on which all or any of the provisions of that Act relating to control over hazardous substances come into force, then the corresponding provisions of this Act (and, subject to Schedule 4 to the [1990 c. 11.] Planning (Consequential Provisions) Act 1990, the remaining provisions of it so far as they relate to them) shall come into force at the end of that period.

(3)Except so far as subsection (2) applies, the provisions of this Act (other than this section) shall come into force on such day as may be appointed by the Secretary of State by order made by statutory instrument and—

(a)different days may be appointed for different provisions or for different purposes; and

(b)an order may make such transitional provision as the Secretary of State thinks appropriate.

(4)This Act extends to England and Wales only.