SCHEDULE 11 Transitional Provisions and Savings for Part VII
Section 139.
Part I Countryside Functions
Preliminary
1 In this Part of this Schedule—
“the appointed day” means the day appointed under section 130(4) of this Act;
“the Commission” means the Countryside Commission;
“the Council” means the Countryside Council for Wales;
“relevant”, in relation to anything done by or in relation to the Commission before the appointed day, means anything which, if it were to be done on or after the appointed day, would be done by or in relation to the Council or, as the case may be, by or in relation to both the Commission (so far as concerning England) and the Council (so far as concerning Wales).
Continuity of exercise of functions
2 (1) Any relevant thing done by or in relation to the Commission before the appointed day shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the Council or, as the case may be, by or in relation to both the Council and the Commission.
(2) Any relevant thing which, immediately before the appointed day, is in the process of being done by or in relation to the Commission may be continued by or in relation to the Council or, as the case may be, by or in relation to both the Council and the Commission.
Construction of references to the Countryside Commission
3 (1) This paragraph applies to any provision of any agreement, or of any instrument or other document, subsisting immediately before the appointed day which refers (in whatever terms) to the Commission and does so (or is to be construed as doing so) in relation to, or to things being done in or in connection with, Wales.
(2) Any provision to which this paragraph applies shall, subject to sub-paragraphs (3) and (4) below, have effect on and after the appointed day with the substitution for, or the inclusion in, any reference to the Commission of a reference to the Council, according as the reference concerns Wales only or concerns both England and Wales.
(3) Any provision to which this paragraph applies which refers in general terms to members of or to persons employed by or agents of the Commission shall have effect on and after the appointed day with the substitution for, or the inclusion in, any such reference of a reference to members of or persons employed by or agents of the Council, according as the reference concerns Wales only or concerns both England and Wales.
(4) Any provision to which this paragraph applies which refers to a member or employee of the Commission shall have effect on and after the appointed day with the substitution for, or the inclusion in, any such reference of—
(a) a reference to such person as the Council may appoint, or
(b) in default of appointment, to the member or employee of the Council who corresponds as nearly as may be to the member or employee in question,
according as the reference concerns Wales only or concerns both England and Wales.
4 (1) This paragraph applies to any provision of a local Act passed, or subordinate legislation made, before the appointed day which refers (in whatever terms) to the Commission and relates to, or to things being done in or in connection with, Wales.
(2) The Secretary of State may by order make such consequential modifications of any provision to which this paragraph applies as appear to him to be necessary or expedient.
(3) Subject to any exercise of the power conferred by sub-paragraph (2) above, any provision to which this paragraph applies shall have effect on and after the appointed day with the substitution for, or inclusion in, any reference to the Commission of a reference to the Council, according as the reference concerns Wales only or concerns both England and Wales.
Existing areas of outstanding natural beauty and long distance routes
5 (1) This paragraph applies to—
(a) any area of land which immediately before the appointed day is an area of outstanding natural beauty designated under section 87 of the 1949 Act of which part is in England and part is in Wales (referred to as “the two parts” of such an area); and
(b) any long distance route under Part IV of that Act of which some parts are in England and other parts in Wales.
(2) On and after the appointed day the two parts of an area to which this paragraph applies shall be treated as if each were a distinct area of outstanding natural beauty; and accordingly, so far as may be necessary for the purpose of applying paragraphs 2 and 3 above, anything done by or in relation to the Commission in relation to both parts of that area shall be treated as having been done in relation to the part in Wales by or in relation to the Council.
(3) On and after the appointed day any route to which this paragraph applies shall not cease, by virtue of this Part of this Act to be a single route for the purposes of Part IV of the 1949 Act; but any function which before that day is exercisable by or in relation to the Commission shall, on and after that day be exercisable by or in relation to the Commission (so far as concerns parts of the route in England) and by or in relation to the Council (so far as concerns parts of the route in Wales).
(4) On or after the appointed day the Commission and the Council shall each exercise any function of theirs in relation to an area or route to which this paragraph applies only after consultation with the other; and the Commission and the Council may make arrangements for discharging any of their functions in relation to such an area or route jointly.
Part II Nature Conservation Functions
Preliminary
6 In this Part of this Schedule—
“appointed day” means the date appointed under section 131(3) of this Act;
“appropriate new council” shall be construed in accordance with paragraph 7 below; and
“new council” means a council established by section 128(1) of this Act.
7 (1) In this Part of this Schedule a reference to “the appropriate new council” is, in relation to or to things done in connection with property, rights or liabilities of the Nature Conservancy Council which are transferred by section 135(2) of this Act to a new council, a reference to that new council.
(2) Subject to sub-paragraph (1) above, a reference in this Part of this Schedule to “the appropriate new council” is, in relation to anything else done before the appointed day by or in relation to the Nature Conservancy Council in the exercise of or in connection with any function of theirs (other than a function corresponding to a special function of the new councils)—
(a) a reference to the new council by whom the nature conservation function corresponding to that function is exercisable on and after that date; or
(b) where the thing done relates to a matter affecting the area of more than one new council, a reference to each new council by whom the nature conservation function corresponding to that function is exercisable on and after that date;
and in relation to anything done in the exercise of or in connection with any function of the Nature Conservancy Council corresponding to a special function of the new councils a reference to “the appropriate new council” is a reference to the joint committee or, where directions under section 133(5) of this Act have been given, the new council by whom the corresponding special function is dischargeable (on behalf of the new councils) on and after that day.
(3) Any question arising under this paragraph as to which new council is the appropriate new council in relation to any particular function of the Nature Conservancy Council may be determined by a direction given by the Secretary of State.
Continuity of exercise of functions
8 (1) Anything done (or deemed by any enactment to have been done) by or in relation to the Nature Conservancy Council before the appointed day shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the appropriate new council.
(2) Anything which immediately before the appointed day is in the process of being done by or in relation to the Nature Conservancy Council may be continued by or in relation to the appropriate new council as if it had been done by or in relation to that council.
Construction of references to the Nature Conservancy Council
9 (1) This paragraph applies to any agreement, any instrument and any other document subsisting immediately before the appointed day which refers (in whatever terms) to the Nature Conservancy Council, other than a scheme provided by that Council under paragraph 12 of Schedule 3 to the Nature Conservancy Council Act 1973.
(2) Any agreement, instrument or other document to which this paragraph applies shall have effect on and after the appointed day with the substitution—
(a) for any reference to the Nature Conservancy Council of a reference to the appropriate new council;
(b) for any reference in general terms to members of or to persons employed by or agents of the Nature Conservancy Council of a reference to members of or persons employed by or agents of the appropriate new council; and
(c) for any reference to a member or officer of the Nature Conservancy Council of a reference to such person as the appropriate new council may appoint or, in default of appointment, to the member or employee of that council who corresponds as nearly as may be to the member or officer in question.
10 (1) This paragraph applies to any provision of a local Act passed, or subordinate legislation made, before the appointed day which refers (in whatever terms) to the Nature Conservancy Council.
(2) The Secretary of State may by order make such consequential modifications of any provision to which this paragraph applies as appear to him to be necessary or expedient.
(3) Subject to any exercise of the power conferred by sub-paragraph (2) above, any provision to which this paragraph applies shall have effect on and after the appointed day with the substitution for each reference to the Nature Conservancy Council of a reference to such one or more of the new councils as may be appropriate, according as the provision relates to, or to things being done in or in connection with, England, Scotland or Wales.
Pensions for Nature Conservancy Council staff
11 (1) The repeal by this Act of paragraph 12 of Schedule 3 to the Nature Conservancy Council Act 1973 shall not affect the operation on and after the appointed day of any scheme provided by the Nature Conservancy Council for the payment to or in respect of its officers of pensions, allowances or gratuities.
(2) Any such scheme shall have effect on and after the appointed day with the substitution for any reference to the Nature Conservancy Council of a reference to the Secretary of State.
Existing nature reserves and areas of special scientific interest
12 (1) This paragraph applies to any land which, immediately before the appointed day is—
(a) a nature reserve (within the meaning of Part III of the 1949 Act) which is managed by, or under an agreement entered into with, the Nature Conservancy Council or which is the subject of a declaration under section 35 of the 1981 Act; or
(b) an area of special scientific interest which has been notified by the Nature Conservancy Council under section 28(1) of the 1981 Act or is treated by section 28(13) of that Act as having been notified under section 28(1)(a) of that Act or is an area to which an order under section 29(1) of that Act relates;
and of which part is in England and part is in Wales or, as the case may be, part is in England and part is in Scotland (referred to as “the two parts” of such a reserve or area).
(2) On and after the appointed day, the two parts of any reserve or area to which this paragraph applies shall be treated as if each were a distinct nature reserve or area of special scientific interest; and accordingly, so far as may be necessary for the purpose of applying paragraphs 8 and 9 above, anything done by or in relation to the Nature Conservancy Council affecting both parts of that reserve or area shall be treated as having been done by or in relation to each of the two parts separately.
(3) On and after the appointed day the new council exercising functions as respects either part of a reserve or area to which this paragraph applies shall exercise those functions only after consultation with the new council exercising functions as respects the other part; and those councils may make arrangements for discharging any of those functions jointly.
Part III Supplementary
13 Paragraphs 3, 4, 5, 8, 9, 10 and 12 above are without prejudice to any provision made by or under this Part of this Act in relation to any particular functions, property, rights or liabilities; and, in particular, nothing in this Schedule applies in relation to contracts of employment made by the Countryside Commission or the Nature Conservancy Council.
14 The Secretary of State may, in relation to any particular functions of the Countryside Commission or the Nature Conservancy Council, by order exclude, or modify or supplement any provision of this Schedule or make such other transitional provision as he may think necessary or expedient.
15 In this Schedule “the 1949 Act” means the National Parks and Access to the Countryside Act 1949 and “the 1981 Act” means the Wildlife and Countryside Act 1981.
SCHEDULE 13 Amendments of Hazardous Substances Legislation
Section 144.
Part I England and Wales
1 The Planning (Hazardous Substances) Act 1990 shall be amended as provided in this Part of this Schedule.
2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In section 7(3), for the words from “means” to “with” in the third place it occurs there shall be substituted the words “ means consultations with the Health and Safety Executive and with ”.
(3) In section 10(2), for the words from the beginning to “3” there shall be substituted the words “ A hazardous substances authority ”.
(4) In section 28(1)—
(a) in paragraph (a), for the words following the word “consent” there shall be substituted the words
made to that authority;
(aa) to applications under section 17(1) made to that authority;
; and
(b) after paragraph (d), there shall be inserted the following words—
“ ; and every such register shall also contain such information as may be prescribed as to the manner in which applications for hazardous substances consent have been dealt with. ”
(5) In section 29, in subsection (3) and (4), for the words “appropriate body” there shall be substituted the words “ Health and Safety Executive ”.
(6) In section 38(5) for the words “1 to 3” there shall be substituted “ 1, 3 ”.
(7) In section 39(1), in the definition of “hazardous substances authority”, for the word “to”, in the second place it occurs, there shall be inserted the word “ and ”.
3 In section 7(1)(a) (applications for consent), after the word “applications” there shall be inserted the words “ under this Act ”.
4 In section 11 (deemed hazardous substances consent in transitional cases)—
(a) in subsection (2) for the words “immediately before the relevant date” there shall be substituted the words “ while it was so present ”; and
(b) in subsection (7), in paragraph (a), at the beginning there shall be inserted the words “to the condition that” and, for paragraphs (b) and (c), there shall be substituted the words
, and
(b) to such other conditions (if any) as are prescribed for the purposes of this section and are applicable in the case of that consent.
5 In section 12 (deemed consent: government authorisation), at the end there shall be added the following subsection—
(6) A government department or the Secretary of State shall, as respects any hazardous substances consent deemed to be granted by virtue of directions under this section, send to the hazardous substances authority concerned any such information as appears to be required by them for the purposes of a register under section 28.
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In section 22 (validity of decisions as to applications), in subsection (4), for the words “1971 Act” there shall be substituted the words “ principal Act ”.
8 In section 25(1)(c) (provisions of principal Act capable of application to hazardous substances contravention notices), after “184,” there shall be inserted “ 186, ”.
9 Before section 27 there shall be inserted the following section—
Fees for consent applications.
26A (1) Provision may be made by regulations for the payment of a fee of the prescribed amount to a hazardous substances authority in respect of an application for, or for the continuation of, hazardous substances consent.
(2) Regulations under this section may provide for the payment to the Secretary of State of a fee of the prescribed amount in respect of any application which is, by virtue of regulations under section 25, deemed to have been made for hazardous substances consent.
(3) Regulations under this section may provide—
(a) for the transfer of prescribed fees received by a hazardous substances authority in respect of any application which is referred to the Secretary of State under section 20;
(b) for the remission or refunding of a prescribed fee (in whole or in part) in prescribed circumstances or in pursuance of a direction given by the Secretary of State;
and the regulations may make different provision for different areas or for different cases or descriptions of cases.
10 In section 303(6) of the Town and Country Planning Act 1990 (meaning of “Planning Acts” for purposes of fees chargeable under that section), at the end there shall be inserted the words “ or the Planning (Hazardous Substances) Act 1990. ”)
Part II Scotland
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 14 Amendments of the Prevention of Oil Pollution Act 1971
Section 148.
1 The Prevention of Oil Pollution Act 1971 shall be amended as follows.
2 In section 19 (prosecutions), after subsection (4), there shall be inserted the following subsection—
(4A) Any document required or authorised, by virtue of any statutory provision, to be served on a foreign company for the purposes of the institution of, or otherwise in connection with, proceedings for an offence under section 2(2A) of this Act alleged to have been committed by the company as the owner of a vessel shall be treated as duly served on that company if the document is served on the master of the vessel; and any person authorised to serve any document for the purposes of the institution of, or otherwise in connection with, proceedings for an offence under this Act (whether or not in pursuance of the foregoing provisions of this subsection) shall, for that purpose, have the right to go on board the vessel in question.
(4B) In subsection (4A) of this section a “foreign company” means a company or body which is not one to whom any of the following provisions applies—
(a) sections 695 and 725 of the Companies Act 1985;
(b) Articles 645 and 673 of the Companies (Northern Ireland) Order 1986,
so as to authorise the service of the document in question under any of those provisions.
3 After that section there shall be inserted the following section—
Power to detain vessels.
19A (1) Where a harbour master has reason to believe that the master or owner of a vessel has committed an offence under section 2(2A) of this Act by the discharge from the vessel of oil, or a mixture containing oil, into the waters of the harbour, the harbour master may detain the vessel.
(2) Subsections (1) and (2) of section 692 of the Merchant Shipping Act 1894 (enforcing detention of ship) shall apply in relation to a vessel detained under subsection (1) of this section as they apply in relation to a ship detained under that Act but as if—
(a) in subsection (1) (penalties where ship proceeds to sea while subject to detention)—
(i) for the words from “any commissioned officer” to “and if” there were substituted the word “ and ”; and
(ii) for the reference to competent authority there were substituted a reference to the harbour authority; and
(b) in subsection (2) (penalties where a ship so proceeds to sea when any officer authorised to detain the ship is on board), for any reference to any officer authorised to detain the ship, or any surveyor or officer of the Secretary of State or any officer of Customs and Excise there were substituted a reference to the harbour master or any person acting on his behalf.
(3) Where a harbour master detains a ship other than a United Kingdom ship (within the meaning of section 21(2) of the Merchant Shipping Act 1979) under this section he shall immediately notify the Secretary of State who shall then inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State.
(4) A harbour master who exercises the power conferred by subsection (1) of this section shall immediately release the vessel—
(a) if no proceedings for the offence in question are instituted within the period of 7 days beginning with the day on which the vessel is detained;
(b) if such proceedings, having been instituted within that period, are concluded without the master or owner being convicted;
(c) if either—
(i) the sum of £55,000 is paid to the harbour authority by way of security, or
(ii) security which, in the opinion of the harbour authority, is satisfactory and is for an amount not less than £55,000 is given to the harbour authority,
by or on behalf of the master or owner; or
(d) where the master or owner is convicted of the offence, if any costs or expenses ordered to be paid by him, and any fine imposed on him, have been paid.
(5) The harbour authority shall repay any sum paid in pursuance of subsection (4)(c) of this section or release any security so given—
(a) if no proceedings for the offence in question are instituted within the period of 7 days beginning with the day on which the sum is paid; or
(b) if such proceedings, having been instituted within that period, are concluded without the master or owner being convicted.
(6) Where a sum has been paid, or security has been given, by any person in pursuance of subsection (4)(c) of this section and the master or owner is convicted of the offence in question, the sum so paid or the amount made available under the security shall be applied as follows—
(a) first in payment of any costs or expenses ordered by the court to be paid by the master or owner; and
(b) next in payment of any fine imposed by the court;
and any balance shall be repaid to the first mentioned person.
(7) Any reference in this section to a harbour master or a harbour authority shall, where the harbour in question consists of or includes the whole or any part of a dockyard port within the meaning of the Dockyard Ports Regulation Act 1865, be construed as including a reference to the Queen’s harbour master for the port.
(8) For the purposes of this section in its application to England and Wales and, subject to section 30(4A) of this Act, in its application to Northern Ireland—
(a) proceedings for an offence are instituted—
(i) when a justice of the peace issues a summons or warrant under section 1 of the Magistrates’ Courts Act 1980 in respect of the offence,
(ii) when a person is charged with the offence after being taken into custody without a warrant,
(iii) when a bill of indictment is preferred by virtue of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933;
and where the application of this paragraph would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times; and
(b) proceedings for an offence are concluded without the master or owner being convicted on the occurrence of one of the following events—
(i) the discontinuance of the proceedings;
(ii) the acquittal of the master or owner;
(iii) the quashing of the master or owner’s conviction for the offence;
(iv) the grant of Her Majesty’s pardon in respect of the master or owner’s conviction for the offence.
(9) For the purposes of this section in its application to Scotland—
(a) proceedings for an offence are instituted—
(i) on the granting by the sheriff of a warrant in respect of the offence on presentation of a petition under section 12 of the Criminal Procedure (Scotland) Act 1975;
(ii) when, in the absence of a warrant or citation, the master or owner is first brought before a court competent to deal with the case;
(iii) when, in a case where he is liberated upon a written undertaking in terms of section 18(2)(a), 294(2)(a) or 295(1)(a) of the Criminal Procedure (Scotland) Act 1975, the master or owner appears at the specified court at the specified time;
(iv) when, in a case mentioned in paragraph (iii) above where the master or owner fails to appear at the specified court at the specified time, the court grants warrant for his apprehension;
(v) when summary proceedings are commenced in terms of section 331(3) of the Criminal Procedure (Scotland) Act 1975; and
(b) proceedings for an offence are concluded without the master or owner being convicted on the occurrence of one of the following events—
(i) the court makes a finding of not guilty or not proven against the master or owner in respect of the offence;
(ii) the proceedings are expressly abandoned (other thanpro loco et tempore) by the prosecutor or are deserted simpliciter;
(iii) the conviction is quashed;
(iv) the accused receives Her Majesty’s pardon in respect of the conviction.
(10) This section shall not apply in relation to any vessel of Her Majesty’s navy or to any Government ship (within the meaning of section 80 of the Merchant Shipping Act 1906).
4 In section 20(1) (power of court to direct amount of unpaid fine to be levied by distress or poinding and sale of vessel) after the words “is not paid” there shall be inserted the words “ , or any costs or expenses ordered to be paid by him are not paid, ”.
5 In section 24(2) (application of Act to Government ships), for the words “and subsection (4) of section 16” there shall be substituted the words “ , subsection (4) of section 16 and subsection (10) of section 19A ”.
6 In section 25(1) (power to extend provisions of Act to Isle of Man, Channel Islands etc), after the words “other than section 3” there shall be inserted the words “ or 19A ”.
7 In section 30 (provisions as to Northern Ireland), after subsection (4), there shall be inserted the following subsection—
(4A) In its application to proceedings in Northern Ireland, subsection (8)(a) of section 19A of this Act shall have effect as if—
(a) in sub-paragraph (i), for the references to section 1 of the Magistrates’ Courts Act 1980 there were substituted a reference to Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981; and
(b) for sub-paragraph (iii) there were substituted—
(iii) when an indictment is presented under section 2(2)(c), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969;
.
SCHEDULE 15 Consequential and Minor Amendments of Enactments
Section 162.
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exclusion of Alkali Works Act for prescribed processes
2 In the Alkali, &c. Works Regulation Act 1906 there shall be inserted, after section 2, the following section—
Relation to Environmental Protection Act 1990, Part I.
2A (1) The preceding provisions of this Part of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process.
(2) The “determination date” for a prescribed process is—
(a) in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;
(b) in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.
(3) In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.
.
and, immediately before section 25, as section 24A, a section in the same terms as the section 2A inserted after section 2.
Stray dogs
3 (1) The following provisions of the Dogs Act 1906 shall be amended as follows.
(2) The amendments made to section 3 by section 39(2) of the Local Government Act 1988 and section 128(1)(a) of the Civic Government (Scotland) Act 1982 shall cease to have effect.
(3) In section 4—
(a) subsection (1) shall be omitted;
(b) in subsection (2), for the words “so taken to a police station” there shall be substituted the words “ taken to a police station in pursuance of section 150(1) of the Environmental Protection Act 1990 ”;
(c) in subsection (2)(a), for the words from “his name and address” to “other” there shall be substituted the words “ this fact and shall furnish his name and address and the police officer shall, having complied with the procedure (if any) prescribed under subsection (5) below, allow the finder to remove the dog ”;
(d) in subsection (3), for the words from “fails” to “section” there shall be substituted the words “ removes the dog but fails to keep it for at least one month, ”; and
(e) after subsection (3) or, as respects Scotland, subsection (4) there shall be inserted as subsection (4) or subsection (5) the following subsection—
(0) The Secretary of State may, by regulations made by statutory instrument, prescribe the procedure to be followed under subsection (2)(a) above and any instrument containing regulations under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Statutory nuisances
4 (1) The following provisions of the Public Health Act 1936 (matters deemed statutory nuisances) shall be amended as follows.
(2) In section 141, for the words “Part III of this Act” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”.
(3) in section 259(1), for the words “Part III of this Act” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”.
(4) In section 268—
(a) in subsection (1), for the words “Parts III” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 and Parts ”;
(b) in subsection (2), for the words “the said Part III” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”; and
(c) in subsection (3), for the words “Part III of this Act” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”.
5 (1) Section 151 of the Mines and Quarries Act 1954 (matters deemed statutory nuisances) shall be amended as follows.
(2) In subsection (2), for the words “Part III of the Public Health Act 1936” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”.
(3) In subsection (3), for the words “Part III of the Public Health Act 1936” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exclusion of Clean Air Act 1956 for prescribed processes
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Statutory nuisances
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 In section 1(1)(g) of the Hovercraft Act 1986 (power to exclude noise nuisance proceedings), after the word “1974” there shall be inserted the words “ or Part III of the Environmental Protection Act 1990. ”
Goods vehicle operators’ licences: pollution offences
10 (1) The following provisions of of the Transport Act 1968 shall be amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In section 108(1) (statutory nuisance proceedings in relation to waterways), for the words “said Act of 1936” there shall be substituted the words “ Environmental Protection Act 1990 ”.
National Park Wardens
11 In section 42 of the Countryside Act 1968 (National Park Wardens), in subsection (4)(a), for the words “section 1 of the Litter Act 1983” there shall be substituted the words “ section 87 of the Environmental Protection Act 1990 ”.
Exclusion of Clean Air Act 1968 for prescribed processes
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sale of electricity: Scotland
13 In section 170A(3) of the Local Government (Scotland) Act 1973 (restriction on sale of electricity by local authority) after the word “prescribed,” there shall be inserted the words “ or in cases where it is produced from waste, ”.
Workplace emissions into the air
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Water, noise and atmospheric pollution
15 (1) The following provisions of the Control of Pollution Act 1974 shall be amended as follows.
(2) In section 30D, after the words “and 1965” there shall be inserted the words “ and of the Environmental Protection Act 1990 ”.
(3) In section 61(9), at the end, there shall be inserted the words “ (in relation to Scotland) or section 82 of the Environmental Protection Act 1990 (in relation to England and Wales) ”.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In section 74(2), after paragraph (b), there shall be inserted the following
; or
(c) under section 80(4) of the Environmental Protection Act 1990,
.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Statutory nuisances
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Refuse Disposal: Scotland
19 (1) Section 1 of the Refuse Disposal (Amenity) Act 1978 (provision by waste disposal authorities of places etc. for disposal of refuse) shall be amended in relation to Scotland as follows.
(2) In subsection (1) at the end there shall be inserted the words “ and to dispose of refuse so deposited ”.
(3) In subsection (6) for the words from “mandamus” to the end of the subsection there shall be substituted the words “ by proceedings under section 45 of the Court of Session Act 1988 ”.
(4) In subsection (7) the definition of “local authority” and the word “and” which follows it shall be omitted.
Street cleansing: Scotland
20 In section 25 of the Local Government and Planning (Scotland) Act 1982, for subsection (3) there shall be substituted—
(3) In subsection (2) above “cleansing” means such cleansing as appears to the islands or as the case may be district council to be necessary in the interests of public health or safety or of the amenities of their area but does not include operations for the removal of snow or ice and “relevant land” means any land, in the open air, to which members of the public have access and which is not comprehended in a public road within the meaning of the Roads (Scotland) Act 1984.
.
Byelaws relating to straw or stubble burning
21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Functions assignable to London port health authority
22 In section 7(4) of the Public Health (Control of Disease) Act 1984 (enactments functions under which are assignable to London port health authority), after the paragraph (k) inserted by paragraph 23 of Schedule 6 to the Building Act 1984, there shall be inserted the following paragraphs—
(l) Part I of the Environmental Protection Act 1990;
(m) Part III of the Environmental Protection Act 1990;
.
Street cleaning, etc: restriction of traffic
23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Statutory nuisance
24 In section 76(1)(b) and (4)(a) of the Building Act 1984, for the words “sections 93 to 96 of the Public Health Act 1936” there shall be substituted the words “ section 80 of the Environmental Protection Act 1990 ”.
Constitution of authorities for waste disposal
26 In section 10 of the Local Government Act 1985 (joint arrangements for waste disposal functions), in subsection (4), for the words “Part I of the Control of Pollution Act 1974” there shall be substituted the words “ Part II of the Environmental Protection Act 1990 ”.
Meaning of household waste: competition
27 In Schedule 1 to the Local Government Act 1988 (competition: collection of household waste), paragraph 1 shall be amended as follows—
(a) in sub-paragraph (1), the words “In the application of this Part to England and Wales,” shall be omitted;
(b) in sub-paragraph (2)(a), for the words “section 12 of the Control of Pollution Act 1974” there shall be substituted the words “ section 45 of the Environmental Protection Act 1990 ”;
(c) in sub-paragraph (3), for the words “section 30(4) of the Control of Pollution Act 1974” there shall be substituted the words “ section 75(8) of the Environmental Protection Act 1990 ”; and
(d) sub-paragraph (4) shall be omitted.
Exclusion of Water Act 1989 controls of exercise of trade effluent functions in case of prescribed processes
28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exclusion of Part III of Water Act 1989 for discharges from prescribed processes
29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contents of registers of National Rivers Authority
30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Carriers of controlled waste
31 (1) The Control of Pollution (Amendment) Act 1989 shall be amended as follows.
(2) In the following provisions, for the words “disposal authority” and “disposal authorities” there shall be substituted the words “ regulation authority ” and “ regulation authorities ” respectively, that is to say, in sections 1(4)(a), 2(1), 2(b) and (e), (3)(a) and (e) and (4)(a), (b) and (c), 3(1), (2) and (6), 4(1), (3), (4), (5) and (8)(b) and (c), 5(1) and (4)(a), 6(1), (2), (3), (5), . . ., (7)(a) and (c), (8) and (9) and 7(1), . . ., (3)(a) and (8).
(3) In section 6(1) (offences justifying seizure of vehicles), in paragraph (a)(i)—
(a) after “1974” there shall be inserted the words “ or section 33 of the Environmental Protection Act 1990 ”; and
(b) after the word “unlicensed” there shall be inserted the words “ deposit, treatment or ”.
(4) In section 7 (enforcement)—
(a) in subsection (1), for the words from “91” to “information)” there shall be substituted the words “ 68(3), (4) and (5), 69, 70 and 71 of the Environmental Protection Act 1990 (powers of entry, of dealing with imminent pollution and to obtain information) ”;
(b) in subsection (2), paragraph (b) shall be omitted; and
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In section 9(1)—
(a) in the definition of “controlled waste”—
(i) for the words “, subject to subsection (2) below,” there shall be substituted the words “ , at any time, ”; and
(ii) for the words “in Part I of the Control of Pollution Act 1974” there shall be substituted the words “ for the purposes of Part II of the Environmental Protection Act 1990 ”,
(b) the definition of “disposal authority” shall be omitted; and
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Section 9(2) shall be omitted.
Part I Enactments Relating to Processes
Chapter | Short title | Extent of repeal
1906 c. 14. | Alkali, &c. Works Regulation Act 1906. | The whole Act so far as unrepealed.
1956 c. 52. | Clean Air Act 1956. | Section 17(4).
In section 29(1), in the proviso, paragraph (a).
In section 31(1), the words from “(other” to “1906)”.
Schedule 2.
1968 c. 62. | Clean Air Act 1968. | Section 11.
1972 c. 70. | Local Government Act 1972. | In section 180(3), paragraph (b).
1973 c. 65. | Local Government (Scotland) Act 1973. | In section 142(2), paragraph (b).
1974 c. 37. | Health and Safety at Work etc. Act 1974. | Section 1(1)(d) and the word “and” preceding it.
Section 5.
1974 c. 40. | Control of Pollution Act 1974. | In section 76(4), the words “or work subject to the Alkali Act”.
In section 78(1), the words “or work subject to the Alkali Act”.
In section 79(4), the words “or work subject to the Alkali Act”.
In section 80(3), the words “or work subject to the Alkali Act”.
In section 84(1), the definition of “a work subject to the Alkali Act”.
In section 103(1)(a), the words “Alkali Act or the”.
In section 105(1), the definition of “the Alkali Act”.
1990 c. 43 | Environmental Protection Act 1999 | In section 79(10), the words following “Part I”.
Note: The repeal of the Alkali, &c. Works Regulation Act 1906 does not extend to Northern Ireland.
Part II Enactments Relating to Waste on Land
Chapter | Short title | Extent of repeal
1974 c. 40. | Control of Pollution Act 1974. | Sections 1 to 21.
Sections 27 to 30.
1978 c. 3. | Refuse Disposal (Amenity) Act 1978. | Sections 1.
1982 c. 45. | Civic Government (Scotland) Act 1982. | Sections 124 and 125 and in section 126, subsections (1) and (3).
1988 c. 9. | Local Government Act 1988. | In Schedule 1, in paragraph 1, in sub-paragraph (1) the words “in the application of this Part to England and Wales,” and sub-paragraph (4).
1989 c. 14. | Control of Pollution (Amendment) Act 1989. | In section 7(2), paragraph (b) and the word “and” preceding it.
In section 9, in subsection (1), the definition of “disposal authority” and subsection (2).
1989 c. 15. | Water Act 1989. | In Schedule 25, in paragraph 48, sub-paragraphs (1) to (6).
1989 c. 29. | Electricity Act 1989. | In Schedule 16, paragraph 18.
1990 c. 43. | Environmental Protection Act 1990. | In section 34(3)(b), the words following “below”.
Section 36(8).
Note: The repeal in the Refuse Disposal (Amenity) Act 1978 does not extend to Scotland.
Part III Enactments Relating to Statutory Nuisances
Chapter | Short title | Extent of repeal
1936 c. 49. | Public Health Act 1936. | Sections 91 to 100.
Sections 107 and 108.
Sections 109 and 110.
In section 267(4), “III”
1956 c. 52. | Clean Air Act 1956. | Section 16.
In section 30(1), the words from “or a nuisance” to “existed”.
1960 c. 34. | Radioactive Substances Act 1960. | In Schedule 1—
(a) In paragraph 3, the words “and ninety-two”;
(b) in paragraph 3, the words “subsection (2) of section one hundred and eight”; and
(c) in paragraph 8, the words “and sixteen”.
1961 c. 64. | Public Health Act 1961. | Section 72.
1963 c. 33. | London Government Act 1963. | In Schedule 11, in Part I, paragraph 20.
1963 c. 41. | Offices, Shops and Railway Premises Act 1963. | Section 76(3).
1969 c. 25. | Public Health (Recurring Nuisances) Act 1969. | The whole Act.
1972 c. 70. | Local Government Act 1972. | In section 180(3), paragraph (j).
In Schedule 14—
(a) in paragraph 4, the words “107(1) and (2), 108”;
(b) paragraph 11; and
(c) paragraph 12.
1974 c. 40. | Control of Pollution Act 1974. | In section 57, paragraph (a).
Sections 58 and 59.
In section 69, in subsection (1), paragraph (a) and, in paragraph (c), the words “section 59(2) or”, and in subsection (3) the words “section 59(6) or” and paragraph (i).
In Schedule 2, paragraphs 11 and 12.
1982 c. 30. | Local Government (Miscellaneous Provisions) Act 1982. | Section 26(1) and (2).
1989 c. 17. | Control of Smoke Pollution Act 1989. | Section 1.
1990 c. 8. | Town and Country Planning Act 1990. | In Schedule 17, paragraph 1.
Note: The repeals in the Clean Air Act 1956, the Control of Pollution Act 1974 and the Control of Smoke Pollution Act 1989 do not extend to Scotland.
Part IV Enactments Relating to Litter
Chapter | Short title | Extent of repeal
1974 c. 40. | Control of Pollution Act 1974. | Section 22(1) and (2).
1982 c. 43 | Local Government and Planning (Scotland) Act 1982. | Section 25(1).
1983 c. 35. | Litter Act 1983. | Section 1 and 2.
Section 12(1).
1986 c. ii. | Berkshire Act 1986. | Section 13.
1987 c. xi. | Exeter City Council Act 1987. | Section 24.
1988 c. viii. | City of Westminster Act 1988. | The whole Act.
1990 c. vii. | London Local Authorities Act 1990. | Section 43.
Part V Enactments Relating to Radioactive Substances
Chapter | Short title | Extent of repeal
1960 c. 34. | Radioactive Substances Act 1960. | Section 2(1).
In section 4, subsection (1) and in subsection (2) the word “further”.
Section 7(3)(a).
Section 8(1)(a).
In section 12, subsection (1), in subsection (2)(b) the words “of waste” and, at the end “and”, and in subsection (3)(b) the words “subsection (1) or”.
In section 19(1) the definition of “the Minister”.
Section 21(4).
In Schedule 1, paragraphs 9 and 11.
Part VI Enactments Relating to Nature Conservation and Countryside Matters
Chapter | Short title | Extent of repeal
1968 c. 41. | Countryside Act 1968. | In section 15(2), the words “in the national interest”.
Section 19.
In section 46(2), the words “and (2)”
1973 c. 54. | Nature Conservancy Council Act 1973. | In section 1, subsections (1), (2) and (4) to (8).
Sections 2 and 4.
In Schedule 1, paragraphs 6, 10 and 12.
In Schedule 3, Parts I and II.
1981 c. 69. | Wildlife and Countryside Act 1981. | In section 34(6) the words “and Wales”.
Section 38.
In section 43(1A) the words “by the Countryside Commission”.
In Schedule 13, paragraph 5.
Part VII Enactments Relating to Hazardous Substances
Chapter | Short title | Extent of repeal
1972 c. 52. | Town and Country Planning (Scotland) Act 1972. | In section 56A(1), the words “and to section 56B below”.
Section 56B.
In section 56E(2)(e) and 56K(5)(b), the words “or Health and Safety Commission”.
In section 56F(1), the words “and (3)”.
Section 56F(3).
Section 56H(5).
In section 56J(5), the words from “other” to “applies”.
In section 56M(3), the words “Subject to subsection (4) below,”.
Section 56M(4).
In section 56N, in subsection (1)(b), the words from “or” to “would be” and subsection (2).
In section 56O, the definition of “the appropriate body” and the word “and” immediately following.
1986 c. 63. | Housing and Planning Act 1986. | In Part II of Schedule 7, in paragraph 8 the word “56B,”.
1989 c. 29. | Electricity Act 1989. | In Schedule 17, paragraph 37(1)(b).
1990 c. 10. | Planning (Hazardous Substances) Act 1990. | In section 1, the words “2 or”.
Section 2.
Section 3(6).
In section 9(2)(e) and 18(2)(b), the words “or Health and Safety Commission”.
In section 11(7), the words “to the conditions that”.Section 13(7).
In section 15(1), the words from “other” to “applies)”.
Section 20(6).
Section 21(7).
Section 27(4).
In section 28(1), the words “authority who are a” and the words “by virtue of section 1 or 3”.
In section 28(1)(b), the words “or but for section 2 would be”.
Section 28(2).
In section 29(6), the definition of “the appropriate body” and the word “and” immediately following that definition.
In section 30(1), the words “by virtue of section 1 or 3”.
Section 33.
In section 38(2), the words “(being a local planning authority)”.
In section 39(2), the entries for “the 1971 Act”, “the appropriate Minister” and “operational land”.
In section 39(4), the words “2,” and “and his undertaking a statutory undertaking”.
In section 39(5), the word “2,”, in the first place it occurs and the words following “undertaker” in the second place it occurs.
In section 39(6), the words “and their undertakings statutory undertakings”.Section 39(7) and (8).
1990 c. 11. | Planning (Consequential Provisions) Act 1990. | In Schedule 2, paragraph 82(2).
Part VIII Enactments Relating to Deposits at Sea
Chapter | Short title | Extent of repeal
1985 c. 48. | Food and Environment Protection Act 1985. | Section 5(c), (d) and (e)(iii).
Section 6(1)(a)(iii).
Schedule 4.
Part IX Miscellaneous Enactments
Chapter | Short title | Extent of repeal
1906 c. 32. | Dogs Act 1906. | Section 4(1).
1974 c. 40. | Control of Pollution Act 1974. | Section 100.
1982 c. 45. | Civic Government (Scotland) Act 1982. | Section 128(1).
1982 c. 48. | Criminal Justice Act 1982. | Section 43.
1988 c. 9. | Local Government Act 1988. | Section 39(2) and (4).
1988 c. 33. | Criminal Justice Act 1988. | Section 58.