Control of Pollution Act 1974

• (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

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

2

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

3

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

4

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

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

• (1) If, in the case of any mine, there is to be an abandonment at any time after the expiration of the initial period, it shall be the duty of the operator of the mine to give notice of the proposed abandonment to SEPA at least six months before the abandonment takes effect.

• (2) A notice under subsection (1) above shall contain such information (if any) as is prescribed for the purpose, which may include information about the operator’s opinion as to any consequences of the abandonment.

• (3) A person who fails to give the notice required by subsection (1) above shall be guilty of an offence and liable—

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

• (b) on conviction on indictment, to a fine.

• (4) A person shall not be guilty of an offence under subsection (3) above if—

• (a) the abandonment happens in an emergency in order to avoid danger to life or health; and

• (b) notice of the abandonment, containing such information as may be prescribed, is given as soon as reasonably practicable after the abandonment has happened.

• (5) Where the operator of a mine is—

• (a) the Accountant in Bankruptcy acting as trustee or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 2016); or

• (b) the official receiver acting in a compulsory capacity,

he shall not be guilty of an offence under subsection (3) above by reason of any failure to give the notice required by subsection (1) above if, as soon as is reasonably practicable (whether before or after the abandonment), he gives to SEPA notice of the abandonment or proposed abandonment, containing such information as may be prescribed.

• (6) Where a person gives notice under subsection (1), (4)(b) or (5) above, he shall publish prescribed particulars of, or relating to, the notice in one or more local newspapers circulating in the locality where the mine is situated.

• (7) Where SEPA—

• (a) receives notice under this section or otherwise learns of an abandonment or proposed abandonment in the case of any mine, and

• (b) considers that, in consequence of the abandonment or proposed abandonment taking effect, any land has or is likely to become contaminated land, within the meaning of Part IIA of the Environmental Protection Act 1990,

it shall be the duty of SEPA to inform the local authority in whose area that land is situated of the abandonment or proposed abandonment.

• (8) In this section—

• “the initial period” means the period of six months beginning with the day on which subsection (1) above comes into force;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

General provisions

Consultation and collaboration.

30A

• (1) This part applies to any waters (in this Part referred to as “controlled waters”) of any of the following classes—

• (a) relevant territorial waters, that is to say, subject to subsection (5) below, the waters which extend seaward for three miles from the baselines from which the breadth of the territorial sea adjacent to Scotland is measured;

• (b) coastal waters, that is to say, any waters which are within the area which extends landward from those baselines as far as the limit of the highest tide or, in the case of the waters of any relevant river or watercourse, as far as the fresh-water limit of the river or watercourse, together with the waters of any enclosed dock which adjoins waters within that area;

• (c) inland waters, that is to say, the waters of any relevant loch or pond or of so much of any relevant river or watercourse as is above the fresh-water limit;

• (d) ground waters, that is to say, any waters contained in underground strata, or in—

• (i) a well, borehole or similar work sunk into underground strata, including any adit or passage constructed in connection with the well, borehole or work for facilitating the collection of water in the well, borehole or work; or

• (ii) any excavation into underground strata where the level of water in the excavation depends wholly or mainly on water entering it from the strata.

• (2) The Secretary of State—

• (a) shall deposit maps with SEPA showing what appear to him to be the fresh-water limits of every relevant river or watercourse . . . ; and

• (b) may from time to time, if he considers it appropriate to do so by reason of any change of what appears to him to be the fresh-water limit of any river or watercourse, deposit a map showing a revised limit for that river or watercourse;

and in subsection (1) above “fresh-water limit”, in relation to any river or watercourse, means the place for the time being shown as the fresh-water limit of that river or watercourse in the latest map deposited for that river or watercourse under this subsection.

• (3) It shall be the duty of SEPA to keep any maps deposited with it under subsection (2) above available, at all reasonable times, for inspection by the public free of charge.

• (4) In this section—

• “miles” means international nautical miles of 1,852 metres;

• “loch or pond” includes a reservoir of any description;

• “relevant loch or pond” means (subject to subsection (5) below) any loch or pond which (whether it is natural or artificial or above or below ground) discharges into a relevant river or watercourse or into another loch or pond which is itself a relevant loch or pond;

• “relevant river or watercourse” means any river or watercourse (including an underground river or watercourse and an artificial river or watercourse) which is neither a public sewer nor a sewer or drain which drains into a public sewer.

• (5) The Secretary of State may by order provide—

• (a) that any area of the territorial sea adjacent to Scotland is to be treated as if it were an area of relevant territorial waters for the purposes of this Part;

• (b) that any loch or pond which does not discharge into a relevant river or watercourse or into a relevant loch or pond is to be treated for those purposes as a relevant loch or pond.

• (6) The power of the Secretary of State to make an order under subsection (5) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and such an order may—

• (a) contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

• (b) make different provision for different cases, including different provision in relation to different persons, circumstances or localities.

30B

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

30C

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

30D

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

Appeals to Secretary of State and magistrates’ court.

30E

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

Control of entry of polluting matter and effluents into water

30F

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

30G

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

30H

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

30I

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

30J

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

Control of entry of polluting matter and effluents into water

31A

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

31B

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

31C

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

31D

Operations by river purification authorities to remedy or forestall pollution of water.

38A

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

Periodical inspections by local authorities.

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

42A

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

42B

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

Power of Secretary of State to exempt applications, consents and conditions etc. from publicity.

Operations by river purification authorities to remedy or forestall pollution of water.

46A

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

46B

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

46C

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

46D

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

Appeals against enforcement notices.

49A

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

49B

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

Regulations under this Part.

55A

Regulations made under this Part of this Act may provide that any provision of this Part, except this section ..., shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty’s Government in the United Kingdom—

• (a) to give effect to any EU obligation or exercise any related right; or

• (b) to give effect to any obligation or exercise any related right under any international agreement to which the United Kingdom is for the time being a party,

and “related right”, in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation.

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

58A

58B

59A

Codes of practice for minimising noise.

Regulations about sulphur content of oil fuel for furnaces or engines.

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

Prohibition of disclosure of information.

Local inquiries.

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

Application to Isles of Scilly.

SCHEDULE 1A

Part I — Applications by SEPA for Designation Orders

Orders made only on application

1

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

Procedure for applications

2

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

Part II — Orders Containing Mandatory Provisions Etc.

Publication of proposal for order containing mandatory provisions

3

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

Supply of copies of proposed orders

4

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

Modifications of proposals

5

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

Consideration of objections et ceteralaetc.

6

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

Consent of Treasury for payment provisions

7

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

8

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

Editorial notes