Office of Public Sector Information
(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 appropriate Minister shall 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) Section 217(1) of the principal Act applies for the purposes of subsection (7) as it applies for the purposes of section 270(9) of that Act.
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 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 272 (power to require information as to interests in land),
section 273 (offences by corporations), and
section 276 (Act not excluded by special enactments).
(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.
(1) In this Act—
“contravention of hazardous substances control” shall be construed in accordance with section 21(2),
“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 [1997 c. 8.] Town and Country Planning (Scotland) Act 1997.
(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 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 10 and 37(2) a public gas transporter shall be deemed to be a statutory undertaker.
(5) For the purposes of section 37(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.
(6) Without prejudice to section 20(2) of the [1978 c. 30.] 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.
(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.
(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.
Planning (Hazardous Substances) (Scotland) Act 1997