Control of Pollution Act 1974

and any person who operates or permits the operation of a loudspeaker in contravention of this subsection shall be guilty of an offence against this Part of this Act.

In this section “street” means a highway and any other road, footway, square or court which is for the time being open to the public.

• (1A) Subject to subsection (1B) of this section, the Secretary of State may by order amend the times specified in subsection (1)(a) of this section.

• (1B) An order under subsection (1A) of this section shall not amend the times so as to permit the operation of a loudspeaker in a street at any time between the hours of nine in the evening and eight in the following morning.

• (2) Subsection (1) of this section shall not apply to the operation of a loudspeaker—

• (a) for police, fire and rescue authority or ambulance purposes or for purposes relating to the functions of Ministry of Defence fire-fighters (as defined in section 16 of the Armed Forces Act 2016), by the Environment Agency, the Natural Resources Body for Wales, a water undertaker or a sewerage undertaker in the exercise of any of its functions, or by a local authority within its area;

• (b) for communicating with persons on a vessel for the purpose of directing the movement of that or any other vessel;

• (c) if the loudspeaker forms part of a public telephone system;

• (d) if the loudspeaker—

• (i) is in or fixed to a vehicle, and

• (ii) is operated solely for the entertainment of or for communicating with the driver or a passenger of the vehicle or, where the loudspeaker is or forms part of the horn or similar warning instrument of the vehicle, solely for giving warning to other traffic, and

• (iii) is so operated as not to give reasonable cause for annoyance to persons in the vicinity;

• (e) otherwise than on a highway , by persons employed in connection with a transport undertaking used by the public in a case where the loudspeaker is operated solely for making announcements to passengers or prospective passengers or to other persons so employed;

• (f) by a travelling showman on land which is being used for the purposes of a pleasure fair;

• (g) in case of emergency.

• (3) Subsection (1)(b) of this section shall not apply to the operation of a loudspeaker between the hours of noon and seven in the evening on the same day if the loudspeaker—

• (a) is fixed to a vehicle which is being used for the conveyance of a perishable commodity for human consumption; and

• (b) is operated solely for informing members of the public (otherwise than by means of words) that the commodity is on sale from the vehicle; and

• (c) is so operated as not to give reasonable cause for annoyance to persons in the vicinity.

• (3A) Subsection (1) of this section shall not apply to the operation of a loudspeaker in accordance with a consent granted by a local authority under Schedule 2 to the Noise and Statutory Nuisance Act 1993.

• (4) An offence under this section in Scotland may be prosecuted in any court of summary jurisdiction within the meaning of the Summary Jurisdiction (Scotland) Act 1954 having jurisdiction in the place where the offence was committed.

Noise abatement zones

Designation of zones

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Register of noise levels

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Noise exceeding registered level

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reduction of noise levels

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

New buildings etc.

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Noise from plant or machinery

Noise from plant or machinery

68

• (1) Provision may be made by regulations—

• (a) for requiring the use on or in connection with plant or machinery of devices or arrangements for reducing the noise caused by the plant or machinery;

• (b) for limiting the level of noise which may be caused by any plant or machinery when used for works to which section 60 of this Act applies or which may be caused outside a factory within the meaning of the Factories Act 1961 by the use of plant or machinery in the factory;

and regulations under this section may apply standards, specifications, descriptions or tests laid down in documents not forming part of the regulations.

• (2) It shall be the duty of the Secretary of State, before he makes regulations under this section, to consult persons appearing to him to represent producers and users of plants and machinery with a view to ensuring that the regulations do not contain requirements which in his opinion would be impracticable or involve unreasonable expense.

• (2A) Subsection (2) does not apply to regulations which apply only in relation to England.

• (3) Any person who contravenes or causes or permits another person to contravene regulations under this section shall be guilty of an offence against this Part of this Act; but in any proceedings for a contravention or regulations made in pursuance of paragraph (a) of subsection (1) of this section it shall be a defence to prove that means were used for the purpose of reducing the noise in question which were not less effective for that purpose than the means required by the regulations.

• (4) Without prejudice to the generality of section 104(1)(a) of this Act, different regulations may be made under this section for different localities, and it shall be the duty of each local authority to enforce the provisions of regulations under this section within its area; but nothing in this section shall be taken to authorise a local authority in Scotland to institute proceedings for any offence.

• (5) Nothing in this section or in regulations under this section shall be construed as derogating from any other provision of this Part of this Act.

Supplemental

Execution of works by local authority

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals to Secretary of State and magistrates' court

70

• (1) Where any provision in this Part of this Act provides for an appeal to a magistrates’ court, the procedure shall be by way of complaint for an order and the Magistrates’ Courts Act 1980 shall apply to the proceedings.

• (2) The Secretary of State may make regulations as to appeals under this Part of this Act to the Secretary of State or, subject to the preceding subsection, to magistrates’ courts; and the regulations may in particular—

• (a) include provisions comparable to those in section 290 of the Public Health Act 1936 (appeals against notices requiring the execution of works);

• (b) prescribe the cases in which a notice under this Part of this Act is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;

• (c) prescribe the cases in which the decision on appeal may in some respects be less favourable to the appellant than the decision from which he is appealing;

• (d) prescribe the cases in which the appellant may claim that a notice should have been served on some other person and prescribe the procedure to be followed in those cases.

• (3) Regulations under this section may prescribe the procedure and practice as respect appeals to the Secretary of State under this Part of this Act, and in particular may make provision as respects—

• (a) the particulars to be included in the notice of appeal;

• (b) the persons on whom notice of appeal is to be served and the particulars, if any, to accompany the notice; and

• (c) the abandonment of an appeal.

• (4) In entertaining any appeal under this Part of this Act the Secretary of State, or as the case may be the magistrates’ court, shall have regard to any duty imposed by law on the appellant which concerns the activities in the course of which the noise is emitted.

• (5) In the application of this section to Scotland, subsection (1) and the reference to that subsection in subsection (2) shall not have effect.

Codes of practice for minimising noise

71

• (1) For the purpose of giving guidance on appropriate methods (including the use of specified types of plant or machinery) for minimising noise, the Secretary of State may—

• (a) prepare and approve and issue such codes of practice as in his opinion are suitable for the purpose; and

• (b) Approve such codes of practice issued or proposed to be issued otherwise than by the Secretary of State as in the opinion of the Secretary of State are suitable for the purpose.

• (2) The Secretary of State shall under paragraph (a) or paragraph (b) of the preceding subsection approve a code of practice for the carrying out of works to which section 60 of this Act applies.

• (3) The powers conferred by this section on the Secretary of State shall be exercisable by order, and shall include power to vary or revoke a previous order under this section.

" Best practicable means "

72

• (1) This section shall apply for the construction of references in this Part of this Act to best practicable means.

• (2) In that expression “practicable” means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications.

• (3) The means to be employed include the design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and acoustic structures.

• (4) The test of best practicable means is to apply only so far as compatible with any duty imposed by law, and in particular is to apply to statutory undertakers only so far as compatible with the duties imposed on them in their capacity of statutory undertakers.

• (5) The said test is to apply only so far as compatible with safety and safe working conditions, and with the exigencies of any emergency or unforseeable circumstances.

• (6) Subject to the preceding provisions of this section, regard shall be had, in construing references to “best practicable means”, to any relevant provision of a code of practice approved under the preceding section.

Interpretation and other supplementary provisions

73

• (1) Except where the context otherwise requires, in this Part of this Act—

• “contravention” includes a failure to comply with the provision in question, and “contravene” shall be construed accordingly;

• “local authority” means—in England . . . , the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple;in Wales, the council of a county or a county borough; andin Scotland, an islands or district council;

• “noise” includes vibration;

• ...

• ...

• ...

• ...

• “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of . . . , . . . , or hydraulic power, and includes a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) in his capacity as a person who provides a universal postal service (within the meaning of that Part);

• “work of engineering construction” means the construction, structural alteration, maintenance or repair of any railway line or siding or any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipeline, aqueduct, sewer, sewage works or gasholder.

• (2) The area of a local authority which includes part of the seashore shall also include for the purposes of this Part of this Act, except section 62 , the territorial sea lying seawards from that part of the shore; and—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) this Part of this Act (except section 62 and this subsection) shall have effect, in relation to any area included in the area of a local authority by virtue of this subsection—

• (i) As if references to premises and the occupier of premises included respectively a vessel and the master of a vessel, and

• (ii) with such other modifications, if any, as are prescribed.

• (3) Where more than one person is responsible for noise, this Part of this Act shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance, or would result in a level of noise justifying action under this Part of this Act.

• (4) This Part of this Act does not apply to noise caused by aircraft other than model aircraft and does not confer functions on port health authorities.

Penalties

74

• (1) . . . , a person guilty of an offence against this Part of this Act shall be liable on summary conviction—

• (a) in the case of a first offence against this Part of this Act, to a fine not exceeding level 5 on the standard scale; and

• (b) in the case of a second or subsequent offence against this Part of this Act, to a fine not exceeding level 5 on the standard scale,

together, in any case, with a further fine not exceeding £50 for each day on which the offence continues after the conviction.

• (2) In determining whether an offence is a second or subsequent offence against this Part of this Act, account shall be taken of any offence—

• (a) under section 24 of the Public Health (Scotland) Act 1897 by way of contravening a decree or interdict relating to noise; or

• (b) under section 95 of the Public Health Act 1936 by way of contravening a nuisance order relating to noise, ; or

• (c) under section 80(4) of the Environmental Protection Act 1990,

as if it were an offence against this Part of this Act.

Part IV

Prevention of atmospheric pollution

Regulations about motor fuel

75

• (1) For the purpose of limiting or reducing air pollution, the Secretary of State may by regulations—

• (a) impose requirements as to the composition and contents of any fuel of a kind used in motor vehicles; and

• (b) where such requirements are in force, prevent or restrict the production, treatment, distribution, import, sale or use of any fuel which in any respect fails to comply with the requirements, and which is for use in the United Kingdom.

• (2) It shall be the duty of the Secretary of State, before he makes any regulations in pursuance of this section, to consult such persons appearing to him to represent manufacturers and users of motor vehicles, such persons appearing to him to represent the producers and users of fuel for motor vehicles and such persons appearing to him to be conversant with problems of air pollution as he considers appropriate.

• (3) Regulations under this section—

• (a) in imposing requirements as to the composition and contents of any fuel, may apply standards, specifications, descriptions or tests laid down in documents not forming part of the regulations;

• (b) may authorise the Secretary of State to confer exemptions from any provision of the regulations.

• (4) Where fuel is subject to requirements as to composition or contents imposed by regulations under this section, the regulations may, in order that persons to whom the fuel is supplied are afforded information as to its composition or contents, impose requirements for securing that the information is displayed at such places and in such manner as may be prescribed by the regulations.

• (5) It shall be the duty of every local weights and measures authority to enforce the provisions of regulations under this section within its area; and subsections (2) and (3) of section 26 of the Trade Descriptions Act 1968 (reports and inquiries) shall apply as respects those authorities’ functions under this subsection as they apply to their functions under that Act.

• (6) The following provisions of the Trade Descriptions Act 1968 shall apply in relation to the enforcement of regulations under this section as they apply to the enforcement of that Act, that is to say—

• section 27 (power to make test purchases);

• section 28 (power to enter premises and inspect and seize goods and documents);

• section 29 (obstruction of authorised officers);

• section 30 (notice of test),

and section 33 of that Act shall apply to the exercise of powers under section 28 as applied by this subsection.

References to an offence under that Act in those provisions as applied by this subsection, except the reference in section 30(2) to an offence under section 28(5) or 29 of that Act, shall be construed as references to an offence under section 77 of this Act relating to regulations under this section.

• (7) In relation to Scotland—

• (a) nothing in subsection (5) of this section authorises a local weights and measures authority to institute proceedings for an offence;

• (b) regulations under this section may provide that certificates issued by such persons as may be specified by the regulations in relation to such matters as may be so specified shall, subject to the provisions of the regulations, be received in evidence, and be sufficient evidence, of those matters in any proceedings for an offence under regulations made under this section; and the regulations may apply any of the provisions of subsections (2) to (4) of section 31 of the Trade Descriptions Act 1968 (evidence by certificate).

• (8) In Northern Ireland it shall be the duty of the Department of Economic Development to enforce the provisions of regulations under this section; and accordingly this section shall have effect in relation to Northern Ireland with the omission of subsection (5), and it is hereby declared that in relation to Northern Ireland the references in subsection (6) to provisions of the said Act of 1968 are references to those provisions as modified by section 40(1)(b) and (c) of that Act.

• (9) The Secretary of State shall for each financial year pay into the Consolidated Fund of Northern Ireland such sum as the Secretary of State and the Department of Economic Development for Northern Ireland may agree to be appropriate as representing the expenses incurred by that Department in enforcing the provisions of any regulations made under this section.

Regulations about sulphur content of oil fuel for furnaces or engines

76

• (1) For the purpose of limiting or reducing air pollution, the Secretary of State may by regulations impose limits on the sulphur content of oil fuel which is used in furnaces or engines.

• (2) It shall be the duty of the Secretary of State, before he makes any regulations in pursuance of this section, to consult such persons appearing to him to represent producers and users of oil fuel, such persons appearing to him to represent manufacturers and users of plant and equipment for which oil fuel is used and such persons appearing to him to be conversant with problems of air pollution as he considers appropriate.

• (3) Regulations under this section—

• (a) may prescribe the kinds of oil fuel, and the kinds of furnaces and engines, to which the regulations are to apply;

• (b) may apply standards, specifications, descriptions or tests laid down in documents not forming part of the regulations;

• (c) may authorise the Secretary of State to confer exemptions from any provision of the regulations;

• (d) may, without prejudice to the generality of section 104(1)(a) of this Act, make different provision for different areas.

• (4) It shall be the duty—

• (a) of every local authority to enforce the provisions of regulations under this section within its area, except in relation to a furnace which is part of a process subject to Part I of the Environmental Protection Act 1990 orwork subject to the Alkali Act; and

• (b) of the inspectors appointed under that Act to enforce those provisions in relation to such furnaces;

but nothing in this section shall be taken to authorise a local authority in Scotland to institute proceedings for any offence.

• (5) In this section “oil fuel” means any liquid petroleum product produced in a refinery.

Provisions supplementary to ss. 75 and 76

77

• (1) A person who contravenes or fails to comply with any provision of regulations under either of the two preceding sections shall be guilty of an offence and liable—

• (a) on conviction on indictment to a fine; and

• (b) on summary conviction to a fine not exceeding £400:

• (2) Regulations under each of the two preceding sections shall, subject to any provision to the contrary in the regulations, apply to fuel used for, and to persons in, the public service of the Crown as they apply to fuel used for other purposes and to other persons; but a local authority shall not be entitled by virtue of this subsection to exercise, in relation to fuel used for and persons in that service, any power conferred on the authority by virtue of sections 91 to 93 of this Act.

Cable burning

78

• (1) A person who burns insulation from a cable with a view to recovering metal from the cable shall be guilty of an offence under this subsection unless the burning is part of a process subject to Part I of the Environmental Protection Act 1990 or the place at which he does so is a work registered in pursuance of section 9 of the Alkali Act.

• (2) A person who contravenes the provisions of the preceding subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale;

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information about atmospheric pollution

Research and publicity

79

• (1) A local authority may—

• (a) undertake, or contribute towards the cost of, investigation and research relevant to the problem of air pollution; and

• (b) Arrange for the publication of information on that problem.

• (2) Without prejudice to the generality of the preceding subsection, local authorities may obtain information about the emission of pollutants and other substances into the air—

• (a) by issuing notices under the following section; and

• (b) by measuring and recording the emissions, and for that purpose entering on any premises, whether by agreement or in exercise of the power conferred by section 91 of this Act; and

• (c) by entering into arrangements with occupiers of premises under which they measure and record emissions on behalf of the local authority;

but references to premises in paragraphs (b) and (c) of this subsection do not include private dwellings.

• (3) A local authority shall not be entitled to exercise the power mentioned in paragraph (b) of the preceding subsection for the purpose of measuring and recording such emissions on any premises unless—

• (a) the authority has given to the occupier of the premises a notice—

• (i) specifying the kind of emissions in question and the steps it proposes to take on the premises for the purpose of measuring and recording emissions of that kind, and

• (ii) stating that it proposes to exercise that power for that purpose unless the occupier makes a request to the authority in pursuance of the following provisions of this subsection; and

• (b) the period of twenty-one days beginning with the day on which the notice was given has expired,

and shall not be entitled to exercise that power in consequence of the notice if during that period the occupier gives a notice to the authority requesting it to serve on him a notice under the following section with respect to the emissions.

• (4) Nothing in this section shall authorise a local authority to investigate emissions from any process subject to Part I of the Environmental Protection Act 1990 orwork subject to the Alkali Act otherwise than by issuing notices under the following section, or by exercising the powers conferred on the authority by subsection (1)(a) of this section without entering the work.

• (5) In acting under subsection (1)(b) of this section, a local authority shall ensure that the material published is presented in such a way that no information relating to a trade secret is disclosed, except with the consent in writing of a person authorised to disclose it . . .

• (6) Breach of a duty imposed by the preceding subsection shall be actionable; but in any proceedings, whether civil or criminal, brought against a local authority, or any member or officer of a local authority, on the grounds that any information has been published, it shall be a defence to show that it was published in compliance with the preceding provisions of this section.

• (7) The preceding subsection applies in particular to any proceedings brought under section 26 of the Clean Air Act 1956 (which, as amended by subsection (10) of this section, makes it an offence to disclose information relating to any trade secret).

• (8) So long as a local authority exercises any of its powers under subsection (2) of this section, it shall from time to time consult such persons carrying on any trade or business in the authority’s area, or such organisations appearing to the authority to be representative of those persons, and such persons appearing to the authority to be conversant with problems of air pollution or to have an interest in local amenity as appear to the authority to be appropriate—

• (a) About the way in which the local authority exercises its powers under this and the following section; and

• (b) About the extent to which, and the manner in which, any information collected under those powers should be made available to the public.

• (9) The consultations shall take place from time to time as the authority think necessary, but not less than twice in each financial year.

• (10) Paragraphs (a) and (b) of section 25 of the Clean Air Act 1956 (which are superseded by the provisions of this section) shall cease to have effect, and in paragraph (c) of that section for the words “that problem” there shall be substituted the words “the problem of the pollution of the air”; and in section 26 of that Act (which relates to the unjustified disclosure of information relating to any manufacturing process or trade secret) the words “manufacturing process or” shall cease to have effect.

Notices requiring information about air pollution

80

• (1) A local authority may by notice require the occupier of any premises in its area to furnish, whether by periodical returns or by other means, such estimates or other information as may be specified or described in the notice concerning the emission of pollutants and other substances into the air from the premises.

• (2) This section shall not apply to premises in so far as they consist of a private dwelling.

• (3) If the notice relates to a process subject to Part I of the Environmental Protection Act 1990 or awork subject to the Alkali Act, the person on whom the notice is served shall not be obliged to supply any information which, as certified by an inspector appointed under that Act, is not of a kind which is being supplied to the inspector for the purposes of that Act.

• (4) The person on whom a notice is served under this section shall comply with the notice within six weeks of the date of service, or within such longer period as the local authority may by notice allow.

• (5) A notice under this section shall not require returns at intervals of less than three months, and no one notice (whether or not requiring periodical returns) shall call for information covering a period of more than twelve months.

• (6) Except so far as regulations provide otherwise, this section shall apply to premises used for, and to persons in, the public service of the Crown as it applies to other premises and persons; but a local authority shall not be entitled by virtue of this subsection to exercise, in relation to premises used for and persons in that service, any power conferred on the authority by virtue of sections 91 to 93 of this Act.

• (7) A person who—

• (a) fails without reasonable excuse to comply with the requirements of a notice served on him in pursuance of this section; or

• (b) in furnishing any estimate or other information in compliance with a notice under this section, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (8) Where a person is convicted of an offence under the preceding subsection in respect of any premises and information of any kind, nothing in subsection (3) of the preceding section shall prevent a local authority from exercising the power of entry there mentioned for the purpose of obtaining information of that kind in respect of the premises.

Appeals against notices

81

• (1) A person served with a notice under the preceding section, or any other person having an interest in the premises to which the notice relates, may appeal to the Secretary of State—

• (a) on the ground that the giving to the authority or the disclosure to the public of all or part of the information required by the notice would—

• (i) prejudice to an unreasonable degree some private interest by disclosing information about a trade secret, or

• (ii) be contrary to the public interest, or

• (b) on the ground that the information required by the notice is not immediately available and cannot readily be collected or obtained by the recipient of the notice without incurring undue expenditure for the purpose.

• (2) If the Secretary of State allows the appeal he may direct the local authority to withdraw or modify the notice, or to take such steps as may be specified by the Secretary of State to ensure that prejudicial information is not disclosed to the public; and it shall be the duty of the authority to comply with the direction.

• (3) The Secretary of State may make regulations as to appeals under this section, including regulations about the time for bringing an appeal and the circumstances in which all or any part of the appellant’s case is to be withheld from the respondent; but it shall be the duty of the Secretary of State, before he makes any regulations under this subsection, to consult such persons appearing to him to represent local authorities, such persons appearing to him to represent industrial interests and such persons appearing to him to be conversant with problems of air pollution as he considers appropriate.

Regulations about research and publicity

82

• (1) The Secretary of State shall by regulations prescribe the manner in which, and the methods by which, local authorities are to perform their functions under sections 79 and 80 of this Act.

• (2) It shall be the duty of the Secretary of State, before he makes regulations under this section, to consult such persons appearing to him to represent local authorities, such persons appearing to him to represent industrial interests and such persons appearing to him to be conversant with problems of air pollution as he considers appropriate.

• (3) Regulations under this section may in particular—

• (a) prescribe the kinds of emissions to which notices under section 80 of this Act may relate;

• (b) prescribe the kinds of information which may be required by those notices;

• (c) prescribe the manner in which any such notice is to be given, and the evidence which is to be sufficient evidence of its having been given, and of its contents and authenticity;

• (d) require each local authority to maintain in a prescribed form a register containing—

• (i) information obtained by the authority by virtue of section 79(2) of this Act, other than information as to which a direction in pursuance of subsection (2) of the preceding section provides that the information is not to be disclosed to the public; and

• (ii) such information (if any) as the Secretary of State may determine, or as may be determined by or under regulations, with respect to any appeal in pursuance of the preceding section which was against a notice served by the authority and which the Secretary of State did not dismiss;

• (e) specify the circumstances in which local authorities may enter into arrangements with owners or occupiers of premises under which they will record and measure emissions on behalf of the local authorities;

• (f) specify the kinds of apparatus which local authorities are to have power to provide and use for measuring and recording emissions, and for other purposes.

• (4) Regulations under subsection (3)(b) of this section may in particular require returns of—

• (a) the total volume of gases, whether pollutant or not, discharged from the premises in question over any period;

• (b) the concentration of pollutant in the gases discharged;

• (c) the total of the pollutant discharged over any period;

• (d) the height or heights at which discharges take place;

• (e) the hours during which discharges take place;

• (f) the concentration of pollutants at ground level.

• (5) A register maintained by a local authority in pursuance of regulations made by virtue of subsection (3)(d) of this section shall be open to public inspection at the principal office of the authority free of charge at all reasonable hours, and the authority shall afford members of the public reasonable facilities for obtaining from the authority, on payment of reasonable charges, copies of entries in the register.

Provision by local authorities of information for Secretary of State

83

• (1) The Secretary of State may, for the purpose of obtaining information about air pollution, direct a local authority to make such arrangements as may be specified in the direction—

• (a) for the provision, installation, operation and maintenance by the local authority of apparatus for measuring and recording air pollution; and

• (b) for transmitting the information so obtained to the Secretary of State.

• (2) Where apparatus is provided in pursuance of a direction under the preceding subsection, the Secretary of State shall defray the whole of the capital expenditure incurred by a local authority in providing and installing the apparatus.

• (3) Before giving a direction under subsection (1) of this section the Secretary of State shall consult the local authority, and it shall be the duty of the local authority to comply with any direction given under that subsection.

Interpretation

Interpretation of Part IV

84

• (1) In this Part of this Act—

• “local authority” means—

• (a) in England and Wales, the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple, and

• (b) in Scotland, an islands or district council;

• “private dwelling” has the same meaning as in Part I of this Act; and

• “a work subject to the Alkali Act” means a work registered under section 9 of the Alkali Act, excluding the whole or part of such a work while the work or part is the subject of an order made or treated as made under subsection (3) of section 11 of the Clean Air Act 1968 (under which certain enactments relating to clean air which apart from that subsection do not apply to works so registered may be applied to such works).

• (2) References in this Part of this Act to the emission of substances into the atmosphere shall be construed as applying to substances in a gaseous or liquid or solid state, or any combination of those states.

• (3) Any reference in this Part of this Act to measurement includes a reference to the taking of samples.

Part V — Supplementary provisions

Legal proceedings

Appeals to Crown Court or Court of Session against decisions of magistrates' court or sheriff

85

• (1) An appeal against any decision of a magistrates’ court in pursuance of this Act (other than a decision made in criminal proceedings) shall lie to the Crown Court at the instance of any party to the proceedings in which the decision was given if such an appeal does not lie to the Crown Court by virtue of any other enactment.

• (2) In Scotland an appeal against any decision of the sheriff in pursuance of this Act (other than a decision made in criminal proceedings) shall lie to the Court of Session at the instance of any party to the proceedings in which the decision was given if such an appeal does not lie to the Court of Session by virtue of any other enactment.

• (3) Where a person appeals to the Crown Court or the Court of Session against a decision of a magistrates’ court or the sheriff dismissing an appeal against a notice served in pursuance of this Act which was suspended pending determination of that appeal, the notice shall again be suspended pending the determination of the appeal to the Crown Court or Court of Session.

• (4) In subsection (2), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Protection of members and officers of authorities from personal liability

86

Miscellaneous provisions relating to legal proceedings

87

• (1) When an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

Where the affairs of a body corporate are managed by its members the preceding provisions of this subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

• (2) Where the commission by any person of an offence under this Act is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of an offence by virtue of this subsection whether or not proceedings for the offence are taken against any other person.

• (3) ... Notwithstanding anything in section 331 of the Criminal Procedure (Scotland) Act 1975, summary proceedings in Scotland for any offence under section 30F of this Act or regulations or byelaws made in pursuance of section 31 of this Act such offence may be commenced at any time within one year from the time when the offence was committed, and subsection (3) of section 331 of the said Act of 1975 shall apply for the purposes of this subsection, ... as that subsection applies for the purposes of that section.

• (4) Where an appeal against a decision of a relevant authority lies to a magistrates’ court by virtue of any provision of this Act, it shall be the duty of the authority to include in any document by which it notifies the decision to the person concerned a statement indicating that such an appeal lies as aforesaid and specifying the time within which it must be brought.

• (5) Where on an appeal to any court against or arising out of a decision of a relevant authority in pursuance of this Act the court varies or reverses the decision it shall be the duty of the authority to act in accordance with the court’s decision.

• (6) A judge of any court and a justice of the peace shall not be disqualified from acting in cases arising under this Act by reason of his being, as one of several ratepayers or as one of any other class of persons, liable in common with the others to contribute to or be benefited by any rate or fund out of which any expenses of a relevant authority are to be defrayed.

Civil liability for contravention of s. 3(3)

88

• (1) Where any damage is caused by poisonous, noxious or polluting waste which has been deposited on land, any person who deposited it or caused or knowingly permitted it to be deposited, in either case so as to commit an offence under section 3(3) or by virtue of section 18(2) of this Act, is liable for the damage except where the damage—

• (a) was due wholly to the fault of the person who suffered it; or

• (b) was suffered by a person who voluntarily accepted the risk thereof.

• (2) The matters which under paragraphs (a) to (c) of subsection (4) of section 3 of this Act may be proved by way of defence to a charge of committing an offence under subsection (3) of that section may be proved also by way of defence to an action brought by virtue of the preceding subsection (the reference in the said paragraph (a) to the charge being construed as a reference to the act alleged to give rise to the liability).

• (3) In this section—

• “damage” includes the death of, or injury to, any person (including any disease and any impairment of physical or mental condition);

• “fault” has the same meaning as in the Law Reform (Contributory Negligence) Act 1945; and

• “land” includes such water as is mentioned in section 4(4) of this Act.

• (4) For the purposes of the following enactments, namely—

• (a) the Fatal Accidents Acts 1846 to 1959;

• (b) the Law Reform (Contributory Negligence) Act 1945; and

• (c) the Limitation Act 1980

and for the purposes of any action of damages in Scotland arising out of the death of, or personal injury to, any person, any damage for which a person is liable under subsection (1) of this section shall be treated as due to his fault.

• (5) Subsection (1) of this section is without prejudice to any liability which arises apart from the provisions of this section.

Financial provisions

Expenses and receipts of Secretary of State etc.

89

• (1) There shall be paid out of money provided by Parliament—

• (a) Any expenses incurred by the Secretary of State for the purposes of this Act; and

• (b) Any increase attributable to the provisions of this Act in the sums payable under any other Act out of money so provided.

• (2) Any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.

Establishment charges and interest in respect of certain expenses of authorities

90

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Where a sum is payable to a relevant authority by any person by virtue of this Act in respect of the expenses incurred by the authority or by virtue of section 36 of the Local Government Act 1974 in respect of establishment charges related to such expenses or by virtue of section 193 of the Local Government (Scotland) Act 1947 in respect of general expenses related to such expenses, then—

• (a) the authority and that person may agree that the sum ... shall be paid in instalments; and

• (b) the authority shall be entitled to receive from that person interest on the sum ... , or on such portion of it as is for the time being unpaid, at such reasonable rate or rates as the authority may determine.

• (3) In the application of this section to Scotland, for the references to a water authority there shall be substituted references to SEPA.

Miscellaneous

Rights of entry and inspection etc.

91

• (1) Any person authorised in writing in that behalf by a relevant authority may at any reasonable time—

• (a) enter upon any land or vessel for the purpose of—

• (i) performing any function conferred on the authority or that person by virtue of this Act, or

• (ii) determining whether, and if so in what manner, such a function should be performed, or

• (iii) determining whether any provision of this Act or of an instrument made by virtue of this Act is being complied with;

• (b) carry out such inspections, measurements and tests on the land or vessel or of any articles on it and take away such samples of the land or articles as he considers appropriate for such a purpose.

• (2) If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

• (a) that admission to any land or vessel which a person is entitled to enter in pursuance of the preceding subsection has been refused to that person or that refusal is apprehended or that the land or vessel is unoccupied or that the occupier is temporarily absent or that the case is one of emergency or that an application for admission would defeat the object of the entry; and

• (b) that there is reasonable ground for entry upon the land or vessel for the purpose for which entry is required,

then, subject to the following subsection, the justice may by warrant under his hand authorise that person to enter the land or vessel, if need be by force.

• (3) A justice of the peace shall not issue a warrant in pursuance of the preceding subsection in respect of any land or vessel unless he is satisfied—

• (a) that admission to the land or vessel in pursuance of subsection (1) of this section was sought after not less than seven days notice of the intended entry had been served on the occupier; or

• (b) that admission to the land or vessel in pursuance of that subsection was sought in an emergency and was refused by or on behalf of the occupier; or

• (c) that the land or vessel is unoccupied; or

• (d) that an application for admission to the land or vessel would defeat the object of the entry.

• (4) A warrant issued in pursuance of this section shall continue in force until the purpose for which the entry is required has been satisfied.

• (5) In the application of this section to Scotland—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) Any reference to a justice of the peace shall include a reference to the sheriff.

Provisions supplementary to s. 91

92

• (1) A person authorised to enter upon any land or vessel in pursuance of the preceding section shall, if so required, produce evidence of his authority before he enters upon the land or vessel.

• (2) A person so authorised may take with him on to the land or vessel in question such other persons and such equipment as may be necessary.

• (3) Admission to any land or vessel used for residential purposes and admission with heavy equipment to any other land or vessel shall not, except in an emergency or in a case where the land or vessel is unoccupied, be demanded as of right in pursuance of subsection (1) of the preceding section unless a notice of the intended entry has been served on the occupier not less than seven days before the demand.

• (4) A person who, in the exercise of powers conferred on him by virtue of the preceding section or this section, enters upon any land or vessel which is unoccupied or of which the occupier is temporarily absent shall leave the land or vessel as effectually secured against trespassers as he found it.

• (5) It shall be the duty of a relevant authority to make full compensation to any person who has sustained damage by reason of—

• (a) the exercise by a person authorised by the authority of any powers conferred on the person so authorised by virtue of the preceding section or this section; or

• (b) the failure of a person so authorised to perform the duty imposed on him by the preceding subsection,

except where the damage is attributable to the default of the person who sustained it; and any dispute as to a person’s entitlement to compensation in pursuance of this subsection or as to the amount of the compensation shall be determined by arbitration.

• (6) A person who wilfully obstructs another person acting in the exercise of any powers conferred on the other person by virtue of the preceding section or this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100level 3 on the standard scale.

• (7) In the preceding section and this section any reference to an emergency is a reference to a case where a person requiring entry to any land or vessel has reasonable cause to believe that circumstances exist which are likely to endanger life or health and that immediate entry to the land or vessel is necessary to verify the existence of those circumstances or to ascertain their cause or to effect a remedy.

Power of authorities to obtain information

93

• (1) Subject to the following subsection, a relevant authority may serve on any person a notice requiring him to furnish to the authority, within a period or at times specified in the notice and in a form so specified, any information so specified which the authority reasonably considers that it needs for the purposes of any function conferred on the authority by this Act.

• (2) Provision may be made by regulations for restricting the information which may be required in pursuance of the preceding subsection and for determining the form in which the information is to be so required.

• (3) A person who—

• (a) fails without reasonable excuse to comply with the requirements of a notice served on him in pursuance of this section; or

• (b) in furnishing any information in compliance with such a notice, makes any statement which he knows to be false or misleading in a material particular or recklessly makes any statement which is false or misleading in a material particular,

shall be guilty of an offence.

• (3A) A person guilty of an offence under this section shall be liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum; or

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prohibition of disclosure of information

94

• (1) If a person discloses information relating to any trade secret used in carrying on a particular undertaking and the information has been given to him or obtained by him by virtue of this Act he shall, subject to the following subsection, be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (2) A person shall not be guilty of an offence under the preceding subsection by virtue of the disclosure of any information if—

• (a) the disclosure is made—

• (i) in the performance of his duty, or

• (ii) in pursuance of section 79(1)(b) of this Act, or

• (iii) with the consent in writing of a person having a right to disclose the information; or

• (b) the information is of a kind prescribed for the purposes of this paragraph and, if regulations made for those purposes provide that information of that kind may only be disclosed in pursuance of the regulations to prescribed persons, the disclosure is to a prescribed person.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of documents on and by water authorities

95

Section 187 of the Water Act 1989 (service of documents) shall apply for the purposes of the service of any document required or authorised by virtue of this Act to be served on or by a water undertaker or sewerage undertaker as it applies for the purposes of the service of any document required or authorised by virtue of that Act to be served on or by any person.

Local inquiries

96

• (1) The Secretary of State may cause a local inquiry to be held in any case in which he considers it appropriate for such an inquiry to be held either in connection with a provision of this Act or with a view to preventing or dealing with pollution other than air pollution or noise at any place.

• (2) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (which contain supplementary provisions with respect to local inquiries held in pursuance of that section) shall, without prejudice to the generality of subsection (1) of that section, apply to inquiries in England and Wales in pursuance of the preceding subsection as they apply to inquiries in pursuance of that section but as if the reference to a local authority in subsection (4) included a reference to a water authority.

• (3) Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (local inquiries) shall, without prejudice to the generality of subsection (1) of that section, apply to inquiries in Scotland in pursuance of subsection (1) of this section as they apply to inquiries held in pursuance of that section. . .

Default powers

97

• (1) If the Secretary of State is satisfied that any other relevant authority has failed to perform any functions which it ought to have performed, he may make an order declaring the authority to be in default.

• (2) An order made by virtue of the preceding subsection which declares an authority to be in default may, for the purpose of remedying the default, direct the authority (hereafter in this section referred to as “the defaulting authority”) to perform such of its functions as are specified in the order and may specify the manner in which and the time or times within which those functions are to be performed by the authority.

• (3) If the defaulting authority fails to comply with any direction contained in such an order the Secretary of State may, instead of enforcing the order by mandamus, make an order transferring to himself such of the functions of the authority as he thinks fit.

• (4) Where any functions of the defaulting authority are transferred in pursuance of the preceding subsection, the amount of any expenses which the Secretary of State certifies were incurred by him in performing those functions shall on demand be paid to him by the defaulting authority.

• (5) Any expenses which in pursuance of the preceding subsection are required to be paid by the defaulting authority in respect of any functions transferred in pursuance of this section shall be defrayed by the authority in the like manner, and shall be debited to the like account, as if the functions had not been transferred and the expenses had been incurred by the authority in performing them; and the authority shall have the like powers for the purpose of raising any money required in pursuance of this subsection as the authority would have had for the purpose of raising money required for defraying expenses incurred for the purposes of the functions in question.

• (6) An order transferring any functions of the defaulting authority in pursuance of subsection (3) of this section may provide for the transfer to the Secretary of State of such of the property, rights, liabilities and obligations of the authority as he considers appropriate; and where such an order is revoked the Secretary of State may, by the revoking order or a subsequent order, make such provision as he considers appropriate with respect to any property, rights, liabilities and obligations held by him for the purposes of the transferred functions.

• (7) The Secretary of State may by order vary or revoke any order previously made by him in pursuance of this section.

• (8) In this section “functions”, in relation to an authority, means functions conferred on the authority by virtue of this Act.

• (9) This section shall not apply to Scotland.

Interpretation of Part V

98

In this Part of this Act—

• “functions” includes powers and duties; and

• “relevant authority” means—in England ., the Secretary of State, a water authority, a county council, . . . , a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple and, for the purposes of sections 91 to 93 of this Act, a sewerage undertaker; andin Wales, the Secretary of State, a county council or a county borough council and, for the purposes of sections 91 to 93 of this Act, a sewerage undertaker; andin Scotland—as respects sections 91 and 92, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; andas respects this Part other than those sections, the Secretary of State, SEPA or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

Part VI — Miscellaneous and general

Miscellaneous

Alteration of penalties

99

The enactments mentioned in Schedule 2 to this Act shall have effect subject to the provisions of that Schedule (which alter the penalties for the offences to which those enactments relate).

Power to prohibit or restrict the importation and use etc of injurious substances

100

Disposal of waste etc by Atomic Energy Authority

101

Without prejudice to the powers of the United Kingdom Atomic Energy Authority apart from this section, the Authority shall have power—

• (a) to engage in the United Kingdom and elsewhere in such activities relating to the treatment or disposal of waste and other matter as the Secretary of State may from time to time specify by notice given to the Authority; and

• (b) to do anything which appears to the Authority to be appropriate for the purpose of exercising the powers conferred on the Authority by the preceding paragraph.

Power to give effect to international agreements

102

• (1) Regulations may provide that any provision of this Act, except this section, shall have effect with such modifications as are prescribed with a view to enabling the Government of the United Kingdom to give effect to any provision made by or under any international agreement to which the Government is for the time being a party.

• (2) The Secretary of State may make, to the Commission established by the Convention for the Prevention of Marine Pollution from Land-based Sources which was signed at Paris on behalf of the Government of the United Kingdom on 4 June 1974, such payments towards the expenses of the Commission as he may with the approval of the Treasury determine.

Adaption of enactments to metric units

103

General

Orders and regulations

104

• (1) Any power conferred by this Act ... to make an order or regulations—

• (a) includes power to make different provision by the order or regulations for different circumstances and to include in the order or regulations such incidental, supplemental and transitional provisions as the person making the order or regulations considers appropriate in connection with the order or regulations; and

• (b) shall be exercisable by statutory instrument except in the case of the powers conferred by section 97 of this Act;

and any statutory instrument made by virtue of this subsection, except an instrument containing only regulations made by virtue of section 18 of this Act or an order made by virtue of section 33(4), 44(5), 52, 53 or 109(2) section 44(5) or 109(2) of this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) No regulations shall be made by virtue of section 18 of this Act and no order shall be made by virtue of section 52 or 53 of this Act unless a draft of the regulations or order has been approved by a resolution of each House of Parliament.

• (3) It shall be the duty of the Secretary of State, before he makes any regulations in pursuance of section 31(5) of this Act—

• (a) to publish in the London Gazette and in at least one newspaper circulating in the area in question a copy of the proposed regulations and a notice specifying—

• (i) A period of not less than twenty-eight days, beginning with the date on which the notice is first published, within which objections to the proposed regulations may be made, and

• (ii) the person to whom such objections may be made; and

• (b) to consider any objections to the proposed regulations which are made within that period and, if such an objection is so made by a prescribed person and is not withdrawn, to cause a local inquiry to be held in pursuance of section 96 of this Act with respect to the proposed regulations;

and the Secretary of State may, after considering any such objections as are mentioned in paragraph (b) of this subsection and the report of any person appointed to hold a local inquiry with respect to the proposed regulations, make the regulations either in the form in which a copy of them was published in pursuance of this subsection or in that form with such modifications as he considers appropriate.

Interpretation etc-general

105

• (1) In this Act—

• “the Alkali Act” means the Alkali, &c. Works Regulation Act 1906;

• “county” county borough and “district”, except in relation to Scotland, have the same meanings as in the Local Government Act 1972;

• “mine” and “quarry” have the same meanings as in the Mines and Quarries Act 1954;

• “modifications” includes additions, omissions and amendments and “modify” and cognate expressions shall be construed accordingly;

• “notice” means notice in writing;

• “owner”, except in relation to Scotland, means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises were let at a rackrent;

• “premises” includes land;

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made by the Secretary of State;

• “road” (except where the context otherwise requires) has the same meaning as in the Part IV of the New Roads and Street Works Act 1991:

• “roads authority” has the same meaning as in the Roads (Scotland) Act 1984; “SEPA” means the Scottish Environment Protection Agency;

• “trade effluent” includes any liquid (either with or without particles of matter in suspension in it) which is discharged from premises used for carrying on any trade or industry, other than surface water and domestic sewage, and for the purposes of this definition on any premises wholly or mainly used (whether for profit or not) for agricultural or horticultural purposes or for scientific research or experiment shall be deemed to be premises used for carrying on a trade; and

• “vessel” includes a hovercraft within the meaning of the Hovercraft Act 1968.

• (2) Except so far as this Act expressly provides otherwise and subject to the provisions of section 18 of the Interpretation Act 1978 (which relates to offences under two or more laws), nothing in this Act—

• (a) confers a right of action in any civil proceedings (other than the proceedings for the recovery of a fine) in respect of any contravention of this Act or an instrument made in pursuance of this Act;

• (b) Affects any restriction imposed by or under any other enactment, whether public, local or private; or

• (c) derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.

• (3) In so far as any interest in Crown land is not an interest belonging to Her Majesty or a Crown interest or a Duchy interest, this Act shall apply to the land as if it were not Crown land; and expressions used in this subsection and subsection (1) of section 293 of the Town and Country Planning Act 1990 or, in relation to Scotland, subsections (1) to (3) of section 242 of the Town and Country Planning (Scotland) Act 1997 have the same meanings in this subsection as in that subsection.

• (4) References in this Act to any enactment are references to it as amended by or under any other enactment.

General application to Scotland

106

• (1) The provisions of this section shall, in addition to any express provision for the application to Scotland of any provision of this Act, have effect for the general application of this Act to Scotland.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In this Act “region”, “district”, “regional council”, “islands council” and “district council” have respectively the same meanings as in the Local Government (Scotland) Act 1973.

• (4) Any reference in this Act to a highway shall, unless the contrary intention appears, include a reference to any public right of way.

• (5) Any question which is required by any provision of this Act to be determined by arbitration shall be determined by a single arbiter appointed, in default of agreement between the parties concerned, by the Secretary of State on the application of any of the parties.

• (6) For any reference in this Act to a magistrates’ court there shall be substituted a reference to the sheriff.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) For any reference in this Act to the London Gazette there shall be substituted a reference to the Edinburgh Gazette.

• (9) In this Act “owner” means the person for the time being entitled to receive or who would, if the same were let, be entitled to receive, the rents of the premises in connection with which the word is used and includes a trustee, factor, tutor or curator, and, in the case of public or municipal property, includes the persons to whom the management thereof is entrusted.

Application to Isles of Scilly

107

This Act shall have effect in its application to the Isles of Scilly with such modifications as the Secretary of State may by order specify, and the Secretary of State may by order vary or revoke any order previously made in pursuance of this section.

Minor and consequential amendments of enactments, and repeals

108

• (1) The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments there specified (which are minor amendments and amendments consequential on provisions of this Act).

• (2) The enactments mentioned in the first and second columns of Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

• (3) The Secretary of State may by order repeal or amend any provision of any local Act passed before this Act (including an Act confirming a provisional order) or of any order or other instrument made under an Act so passed if it appears to him that the provision is inconsistent with, or has become unnecessary or requires alteration in consequence of, any provision of this Act or corresponds to any provision repealed by this Act or relates to trade effluent.

Short title, commencement and extent

109

• (1) This Act may be cited as the Control of Pollution Act 1974.

• (2) This Act shall come into force on such day as the Secretary of State may by order appoint; and—

• (a) without prejudice to the generality of section 104(1)(a) of this Act, different days may be appointed in pursuance of this subsection for different provisions of this Act and for such different purposes of the same provision as may be specified in the order;

• (b) Any provision appointing a day in pursuance of this subsection may be revoked or varied by an order made by the Secretary of State which comes into force before that day.

• (3) This Act, except sections ... ... 101 and this section, does not extend to Northern Ireland.

SCHEDULE 1

1

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2

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3

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4

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5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

The Public Health (Scotland) Act 1897

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Alkali, &c. Works Regulation Act 1906

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Public Health Act 1936

6

In section 19(3) of the Public Health Act 1936 (under which a person is liable on summary conviction to a fine not exceeding £50 if he constructs a drain or sewer in a manner other than that in which he is required to construct it by a local authority in pursuance of that section) for the words ’fifty pounds’ there shall be substituted the word ’£200’.

7

In section 27 of that Act (which provides that certain matters are not to be passed into public sewers), in subsection (2) (under which a contravention of that section is punishable on summary conviction by a fine not exceeding £10 and a further £5 for each day on which the offence continues after conviction) for the, words from “to a fine” onwards there shall be substituted the words—

(a) on summary conviction, to a fine not exceeding £400 and to a further fine not exceeding £50 for each day on which the offence continues after conviction therefor; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both

.

8

In section 34(5) of that Act (under which a person who causes a drain or sewer to connect with a public sewer in contravention of that section is liable on summary conviction to a fine not exceeding £20) for the words “twenty pounds” there shall be substituted the word “£200”.

9

In section 36(1) of that Act (under which a person who causes a drain or sewer to communicate with a public sewer after the local authority have given notice that they intend themselves to make the connection is liable on summary conviction to a fine not exceeding £50) for the words “fifty pounds” there shall be substituted the word “£200”.

10

In section 41(3) of that Act (under which a person is liable upon summary conviction to a fine not exceeding £5 if he does certain work in connection with an underground drain which communicates with a sewer without giving 24 hours notice to the relevant local authority of his intention to do so or if he does not permit an authorised officer of the local authority free access to the work) for the words “five pounds” there shall be substituted the word “£200”.

11

In section 94(2) of that Act (under which a person who fails to abate a nuisance or to take adequate steps to prevent a recurrence of a nuisance is liable on summary conviction to a fine not exceeding £20) for the word“ £20” there shall be substituted the word “£200”

12

In section 95(1) of that Act (under which a person who contravenes or fails to comply with a nuisance order is liable on summary conviction to a fine not exceeding £50 and a further £5 for each day on which the offence continues after conviction) for the words“ £50” and“ £5” there shall be substituted the words “£400” and “£50” respectively

The Public Health (Drainage of Trade Premises Act 1937

13

In section 2 of the Public Health (Drainage of Trade Premises) Act 1937 (under which restrictions are imposed on the discharge of trade effluent), in subsection (5) (under which an occupier of premises is guilty of an offence if trade effluent is discharged in contravention of the section or without any consent necessary for the purposes of the Act or if any direction or condition given or imposed under that section is contravened) after the words “guilty of an offence” there shall be inserted the words “and liable on summary conviction to a fine not exceeding £200 and to a further fine not exceeding £50 for every day on which the offence continues after conviction therefor.”

14

In section 9 of that Act (under which a person who fails to give specified information to a water authority is liable on summary conviction to a fine not exceeding £5 and a further £2 for each day on which the offence continues after conviction) for the words “five pounds” and “forty shillings” there shall be substituted the words “£50” and “£5” respectively.

The Water Act 1945

15

In section 19(3) of the Water Act 1945 (under which byelaws made under section 17 of that Act or section 22(6) of the Countryside Act 1968 may contain provision making any person who contravenes the byelaws liable to a fine not exceeding £20 and a further £5 for each day during which the offence continues after conviction) for the words “twenty pounds” and “five pounds” there shall be substituted the words “£400” and “£50” respectively.

16

In section 21 of that Act (under which a person is guilty of an offence if he is guilty of any act or neglect whereby any spring, well, borehole or adit the water from which is used or Iikely to be used for human consumption or domestic purposes or for manufacturing food or drink for human consumption is polluted or likely to be polluted) after subsection (2) there shall be inserted the following subsection—

(3) Any person guilty of an offence by virtue of this section shall be liable in respect of each offence— (a) on summary conviction to a fine not exceeding £400 and in the case of a continuing offence to a further fine not exceeding £50 for every day during which the offence is continued after conviction ; (b) on conviction on indictment. to a fine or to imprisonment for a term not exceeding two years or to both a fine and such imprisonment.

The Water (Scotland) Act 1946

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

In section 64 of that Act (under which a person is guilty of an offence if he is guilty of any act or neglect whereby any spring, well or adit the water from which is used or likely to be used for human consumption or domestic purposes or for manufacturing food or drink for human consumption is polluted or likely to be polluted)—

• (a) for the word "Act" there shall be substituted the word " section "; and

• (b) there shall be added at the end the following subsection—

(2) Any person guilty of an offence by virtue of this section shall be liable in respect of each offence— (a) on summary conviction, to a fine not exceeding £400 and in the case of a continuing offence to a further fine not exceeding £50 for every day during which the offence is continued after conviction ; (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both a fine and such imprisonment.

The Clean Air Act 1956

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Radioactive Substances Act 1960

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Sewerage (Scotland) Act 1968

21

In section 12(8) of the Sewerage (Scotland) Act 1968 (under which a person is liable on summary conviction to a fine not exceeding £25 if he connects a drain or sewer otherwise than in accordance with that section) for the word “£25” there shall be substituted the word “£200”.

22

In section 14(6) of that Act (under which a person is liable on summary conviction to a fine not exceeding £25 if he constructs a drain, sewer or sewage treatment works otherwise than in accordance with a direction under that section by a local authority) for the word “£25” there shall be substituted the word “£200”.

23

In section 24(2) of that Act (under which an occupier of trade premises who discharges trade effluent into sewers etc. without the consent of, or contrary to a direction given by or condition imposed by, the local authority is liable on summary conviction to a fine not exceeding £50 and a further fine not exceeding £20 for each day on which the offence continues after conviction) for the words “£50” and “£20” there shall be substituted the words “£200” and “£50” respectively.

24

In section 45(2) of that Act (under which a person who fails to give specified information to a local authority is liable on summary conviction to a fine not exceeding £20) for the word “£20” there shall be substituted the word “£50”.

25

In section 46 of that Act (which provides that certain matters are not to be passed into public sewers), in subsection (2) (under which a contravention of that section is punishable on summary conviction by a fine not exceeding £20 and a further fine not exceeding £10 for each day on which the offence continues after conviction)—

• (a) for the words “£20” and “£10” there shall be substituted the words “£400” and “£50” respectively and

• (b) there shall be added at the end the words “and on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both a fine and such imprisonment”.

The Clean Air Act 1968

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

The Alkali, &c. Works Regulation Act 1906

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Salmon and Freshwater Fisheries Act 1923

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Public Health Act 1936

6

In section 3(1)(b) of the Public Health Act 1936 (under which an order constituting a port health authority may, among other things, assign to the authority any functions conferred on a local authority by that Act) after the words “this Act” there shall be inserted the words “or the Control of Pollution Act 1974”.

7

Sections 79 and 80 of that Act (which relate to the removal of noxious matter, manure and refuse from premises) shall cease to have effect.

The Public Health (Drainage of Trade Premises) Act 1937

8

Sections 2(4) and 3(2) of the Public Health (Drainage of Trade Premises) Act 1937 and the proviso in section 7(1) of that Act (which relate to the protection of interested bodies within the meaning of that Act) shall cease to have effect.

9

In section 4(5) of that Act (under which disputes arising under that Act as to the discharges of trade effluent which were made during such a period as is mentioned in subsections (1) or (2) of that section are to be determined by the Secretary of State) for the words “this Act” there shall be substituted the words “section 43 of the Control of Pollution Act 1974” and for the words “is mentioned” there shall be substituted the words “before the repeal of those subsections by that Act was mentioned”.

10

In section 10(1) of that Act (which authorises the taking of samples of trade effluent which is passing from premises into a public sewer) after the word “passing” there shall be inserted the words “, either directly or through a private drain or sewer,”.

The Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Rivers (Prevention of Pollution) (Scotland) Act 1951

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

In section 18 of that Act (which relates to the provision and obtaining of information by river purification authorities), at the end there shall be inserted the following subsection—

(6) Notwithstanding anything in this Act, any tidal waters adjoining the shore of the area of a river purification authority and any underground waters within the area of such an authority shall be deemed to be included in the expression “stream” for the purposes of the authority’s powers under this section.

15

In section 19 of that Act (which empowers river purification authorities to take samples of effluents), in subsection (3), after the word “authority” there shall be inserted the words “and any underground waters within the area of such an authority”.

The Clean Air Act 1956

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Rivers (Prevention of Pollution) Act 1961

17

In section 10(1) of the Rivers (Prevention of Pollution) Act 1961 (which among other things relates to inspection chambers provided in compliance with conditions imposed under that Act) and in section 12(1)(ii) of that Act (which authorises the disclosure in connection with the execution of that Act of information of which the disclosure is restricted by that section) the reference to that Act shall include a reference to this Act.

The Public Health Act 1961

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The London Government Act 1963

19

In section 41(1)(b) of the London Government Act 1963 (which enables the functions, rights and liabilities of a local authority under any of the provisions there mentioned to be assigned to the port health authority for the Port of London) after the words “section 87 of this Act” there shall be inserted the words “and under any provision of the Control of Pollution Act 1974”.

The Water Resources Act 1963

20

In section 77(2) of the Water Resources Act 1963 (which refers to sewage effluent within the meaning of the Rivers (Prevention of Pollution) Act 1951) for the words “the Rivers (Prevention of Pollution) Act 1951” there shall be substituted the words “Part II of the Control of Pollution Act 1974”.

21

In section 113(1) of that Act (which authorises water authorities to take samples of certain effluents) for the words “Clean Rivers (Estuaries and Tidal Waters) Act 1960” in paragraph (c) there shall be substituted the words “Part II of the Control Pollution Act 1974”.

The Housing Act 1964

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Spray Irrigation (Scotland) Act 1964

23

In section 9(2) of the Spray Irrigation (Scotland) Act 1964 (which among other things attracts for the purposes of that Act certain powers of entry contained in the Rivers (Prevention of Pollution) (Scotland) Act 1951), for the words “20(1)(b) of the said Act of 1951 to an authorisation granted under” there shall be substituted the words “91(1)(a)(iii) of the Control of Pollution Act 1974 to any provision of”.

The Rivers (Prevention of Pollution) (Scotland) Act 1965

24

In section 10(1) of the Rivers (Prevention of Pollution) (Scotland) Act 1965 (which contains provisions with respect to samples of effluent taken at an inspection chamber provided in compliance with a condition imposed under that Act of section 28 of the Rivers (Prevention of Pollution) (Scotland) Act 1951) for the words “this Act or section 28 of the principal Act” there shall be substituted the words “sections 34 to 40 of the Control of Pollution Act 1974”.

The Civic Amenities Act 1967

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Hovercraft Act 1968

26

In section 1(1)(g) of the Hovercraft Act 1968 for the words “no proceedings in pursuance of the Noise Abatement Act 1960” there shall be substituted the words “no proceedings in pursuance of Part III of the Control of Pollution Act 1974”.

The Water Act 1973

27

For the purposes of section 14 of the Water Act 1973 (under which, among other things, functions of local authorities with respect to sewerage and sewage disposal, including certain functions under Part XII of the Public Health Act 1936, were transferred to water authorities), section 306 of the said Act of 1936 (which related to the compulsory purchase of land was contained in the said Part XII) shall have effect from 31st March 1974 as if that section had not been repealed by the Local Government Act 1972.

28

In subsection (12) of section 24 of that Act (which relates to reports of surveys prepared by water authorities under that section) after paragraph (a) there shall be inserted the following paragraph—

(aa) shall secure that a copy of each such report and of all such amendments is available at the principal office of the authority for inspection by the public free of charge at all reasonable hours.

29

In section 36(3) of that Act (which among other things provides that Part II of Schedule 7 to that Act shall have effect with respect to the making of byelaws by water authorities under any enactment shall be construed as including a reference to any enactment passed after that Act.

30

In paragraph 17(2) of Schedule 7 to that Act (which relates to the confirmation of byelaws made by a water authority under section 5 of the Rivers (Prevention of Pollution) Act 1951) for the words “section 5 of the Rivers (Prevention of Pollution) Act 1951” there shall be substituted the words “section 31(6) or 33(1) of the Control of Pollution Act 1974” and after the words “a stream” there shall be inserted the words “or the controlled waters (within the meaning of Part 11 of that Act)”.

The Local Government (Scotland) Act 1973

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation of conditions and revocation of licences.

Litter.

Part IA — Abandoned Mines

Mine operators to give SEPA six months’ notice of any proposed abandonment.

30Y

• (1) For the purposes of this Part, “abandonment”, in relation to a mine,—

• (a) subject to paragraph (b) below, includes—

• (i) the discontinuance of any or all of the operations for the removal of water from the mine;

• (ii) the cessation of working of any relevant seam, vein or vein-system;

• (iii) the cessation of use of any shaft or outlet of the mine;

• (iv) in the case of a mine in which activities other than mining activities are carried on (whether or not mining activities are also carried on in the mine)—

• (A) the discontinuance of some or all of those other activities in the mine; and

• (B) any substantial change in the operations for the removal of water from the mine; but

• (b) does not include—

• (i) the abandonment of any rights, interests or liabilities by the Accountant in Bankruptcy acting as trustee or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 2016); ...

• (ii) any disclaimer under section 178 or 315 of the Insolvency Act 1986 (power of liquidator, or trustee of bankrupt’s estate, to disclaim onerous property) by the official receiver acting in a compulsory capacity; or

• (iii) any disclaimer by notice signed by the Queen's and Lord Treasurer's Remembrancer under section 1013 of the Companies Act 2006 (Crown disclaimer of property vesting as bona vacantia).

and cognate expressions shall be construed accordingly.

• (2) In this Part, except where the context otherwise requires—

• “acting in a compulsory capacity”, in the case of the official receiver, means acting as—liquidator of a company;receiver or manager of a bankrupt’s estate, pursuant to section 287 of the Insolvency Act 1986;trustee of a bankrupt’s estate;liquidator of an insolvent partnership;trustee of an insolvent partnership;trustee, or receiver or manager, of the insolvent estate of a deceased person;

• “the official receiver” has the same meaning as it has in the Insolvency Act 1986 by virtue of section 399(1) of that Act;

• “relevant seam, vein or vein-system”, in the case of any mine, means any seam, vein or vein-system for the purpose of, or in connection with, whose working any excavation constituting or comprised in the mine was made.

• (3) This Part extends only to Scotland.

30Z