The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993

UK Statutory Instrument 1993 No. 323 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 18 February 1993
In force from: 1 May 1993
Extent: Not stated
Subject: Housing, planning, heritage and land
Made under: Housing and Planning Act 1986, Town and Country Planning (Scotland) Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations are made principally under the Town and Country Planning (Scotland) Act 1972 (“the Act”), as amended by the Housing and Planning Act 1986, the Environmental Protection Act 1990 and the Planning and Compensation Act 1991, and come into force on 1st May 1993. The Act provides that the presence at or above the controlled quantity of a hazardous substance on, over or under land requires hazardous substances consent. These Regulations set out— 1 the list of substances which are hazardous substances for the purposes of the Act and the controlled quantities of those substances (regulation 3 and Schedule 1); 2 prescribed forms, notices and certificates (Schedule 2); 3 exemptions from the need for hazardous substances consent (regulation 4); 4 the procedure for an application for hazardous substances consent (regulations 5 to 14); 5 the procedure for a claim for deemed hazardous substances consent and the conditions which will apply to such consent in addition to those set out in the Act (regulations 15 to 17 and Schedule 3); 6 the procedure for enforcement of hazardous substances control (regulations 18 to 23); 7 the enforcement provisions of the Act, as modified by these Regulations (Schedule 4); 8 the form of the Consents Register required under the Act (regulation 24); 9 the fee payable with an application for hazardous substances consent (regulations 25 and 26); 10 the procedure for applications by a planning authority (regulation 27).

Offences created by this instrument

Where a person is in breach of the notice he shall be guilty of an offence paragraph 86(2) of SCHEDULE 4 · Status not determined · Strict liability
Execution and cost of works required by enforcement notice paragraph 88(6) of SCHEDULE 4 · Status not determined · Requires proof of a state of mind
Enforcement notice to have effect against subsequent development paragraph 89(4) of SCHEDULE 4 · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 1993