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.
(1) Except where the context otherwise requires, in this Part of this Act—
“agriculture” and “agricultural” have the same meanings as in the Agriculture (Scotland) Act 1948;
“controlled waters” has the meaning given by section 30A(1) above;
“drain” has the same meaning as in the Sewerage (Scotland) Act 1968;
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“sewer” has the same meaning as in the Sewerage (Scotland) Act 1968;
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“underground strata” means strata subjacent to the surface of any land;
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“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers, and passages through which water flows except mains and other pipes which belong to Scottish Water or are used by Scottish Water or any other person for the purposes only of providing a supply of water to any premises.
(2) In this Part of this Act—
(a) any reference to the waters of any loch or pond or of any river or watercourse includes a reference to the bottom, channel or bed of any loch, pond, river or, as the case may be, watercourse which is for the time being dry; and
(b) any reference to water contained in underground strata is a reference to water so contained otherwise than in a sewer, pipe, reservoir, tank or other underground works constructed in any such strata.
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(1) This section applies to works of the following description, that is to say—
(a) the erection, construction, alteration, repair or maintenance of buildings, structures or roads;
(b) breaking up, opening or boring under any road or adjacent land in connection with the construction, inspection, maintenance or removal of works;
(c) demolition or dredging work; and
(d) (whether or not also comprised in paragraph (a), (b) or (c) above) any work of engineering construction.
(2) Where it appears to a local authority that works to which this section applies are being, or are going to be, carried out on any premises, the local authority may serve a notice imposing requirements as to the way in which the works are to be carried out and may if it thinks fit publish notice of the requirements in such way as appears to the local authority to be appropriate.
(3) The notice may in particular—
(a) specify the plant or machinery which is, or is not, to be used;
(b) specify the hours during which the works may be carried out;
(c) specify the level of noise which may be emitted from the premises in question or at any specified point on those premises or which may be so emitted during specified hours; and
(d) provide for any change of circumstances.
(4) In acting under this section the local authority shall have regard—
(a) to the relevant provisions of any code of practice issued under this Part of this Act;
(b) to the need for ensuring that the best practicable means are employed to minimise noise;
(c) before specifying any particular methods or plant or machinery, to the desirability in the interests of any recipients of the notice in question of specifying other methods or plant or machinery which would be substantially as effective in minimising noise and more acceptable to them;
(d) to the need to protect any persons in the locality in which the premises in question are situated from the effects of noise.
(5) A notice under this section shall be served on the person who appears to the local authority to be carrying out, or going to carry out, the works, and on such other persons appearing to the local authority to be responsible for, or to have control over, the carrying out of the works as the local authority thinks fit.
(6) A notice under this section may specify the time within which the notice is to be complied with, and may require the execution of such works, and the taking of such other steps, as may be necessary for the purpose of the notice, or as may be specified in the notice.
(7) A person served with a notice under this section may appeal against the notice to a magistrates’ court within twenty one days from the service of the notice.
(8) If a person on whom a notice is served under this section without reasonable excuse contravenes any requirement of the notice he shall be guilty of an offence against this Part of this Act.
(1) A person who intends to carry out works to which the preceding section applies may apply to the local authority for a consent under this section.
(2) Where approval under building regulations under Part II of the Public Health Act 1936, or in Scotland a building warrant under section 9 of the Building (Scotland) Act 2003 (asp 8), is required for the carrying out of the works, the application under this section must be made at the same time as, or later than, the request for the approval under building regulations or, as the case may be, the application for a building warrant under the said Act of 2003.
(3) An application under this section shall contain particulars of—
(a) the works, and the method by which they are to be carried out; and
(b) the steps proposed to be taken to minimise noise resulting from the works.
(4) If the local authority considers that the application contains sufficient information for the purpose and that, if the works are carried out in accordance with the application, it would not serve a notice under the preceding section in respect of those works, the local authority shall give its consent to the application.
(5) In acting under this section a local authority shall have regard to the considerations set out in subsection (4) of the preceding section and shall have power to—
(a) Attach any conditions to a consent; and
(b) limit or qualify a consent to allow for any change in circumstances; and
(c) limit the duration of a consent,
and any person who knowingly carries out the works, or permits the works to be carried out, in contravention of any conditions attached to a consent under this section shall be guilty of an offence against this Part of this Act.
(6) The local authority shall inform the applicant of its decision on the application within twenty-eight days from receipt of the application; and if the local authority gives its consent to the application it may if it thinks fit publish notice of the consent, and of the works to which it relates, in such way as appears to the local authority to be appropriate.
(7) If—
(a) the local authority does not give a consent within the said period of twenty-eight days; or
(b) the local authority gives its consent within the said period of twenty-eight days but attaches any condition to the consent or limits or qualifies the consent in any way,
the applicant may appeal to a magistrates’ court within twenty-one days from the end of that period.
(8) In any proceedings for an offence under section 60(8) of this Act it shall be a defence to prove that the alleged contravention amounted to the carrying out of the works in accordance with a consent given under this section.
(9) A consent given under this section shall contain a statement to the effect that the consent does not of itself constitute any ground of defence against any proceedings instituted under ... section 82 of the Environmental Protection Act 1990.
(10) Where a consent has been given under this section and the works are carried out by a person other than the applicant for the consent, it shall be the duty of the applicant to take all reasonable steps to bring the consent to the notice of that other person; and if he fails to comply with this subsection he shall be guilty of an offence against this Part of this Act.
(1) Subject to the provisions of this section, a loudspeaker in a street shall not be operated—
(a) between the hours of nine in the evening and eight in the following morning, for any purpose;
(b) At any other time, for the purpose of advertising any entertainment, trade or business;
and any person who operates or permits the operation of a loudspeaker in contravention of this subsection shall be guilty of an offence against this Part of this Act.
In this section “street” means a highway and any other road, footway, square or court which is for the time being open to the public.
(1A) Subject to subsection (1B) of this section, the Secretary of State may by order amend the times specified in subsection (1)(a) of this section.
(1B) An order under subsection (1A) of this section shall not amend the times so as to permit the operation of a loudspeaker in a street at any time between the hours of nine in the evening and eight in the following morning.
(2) Subsection (1) of this section shall not apply to the operation of a loudspeaker—
(a) for police, fire and rescue authority or ambulance purposes or for purposes relating to the functions of Ministry of Defence fire-fighters (as defined in section 16 of the Armed Forces Act 2016), by the Environment Agency, the Natural Resources Body for Wales, a water undertaker or a sewerage undertaker in the exercise of any of its functions, or by a local authority within its area;
(b) for communicating with persons on a vessel for the purpose of directing the movement of that or any other vessel;
(c) if the loudspeaker forms part of a public telephone system;
(d) if the loudspeaker—
(i) is in or fixed to a vehicle, and
(ii) is operated solely for the entertainment of or for communicating with the driver or a passenger of the vehicle or, where the loudspeaker is or forms part of the horn or similar warning instrument of the vehicle, solely for giving warning to other traffic, and
(iii) is so operated as not to give reasonable cause for annoyance to persons in the vicinity;
(e) otherwise than on a highway , by persons employed in connection with a transport undertaking used by the public in a case where the loudspeaker is operated solely for making announcements to passengers or prospective passengers or to other persons so employed;
(f) by a travelling showman on land which is being used for the purposes of a pleasure fair;
(g) in case of emergency.
(3) Subsection (1)(b) of this section shall not apply to the operation of a loudspeaker between the hours of noon and seven in the evening on the same day if the loudspeaker—
(a) is fixed to a vehicle which is being used for the conveyance of a perishable commodity for human consumption; and
(b) is operated solely for informing members of the public (otherwise than by means of words) that the commodity is on sale from the vehicle; and
(c) is so operated as not to give reasonable cause for annoyance to persons in the vicinity.
(3A) Subsection (1) of this section shall not apply to the operation of a loudspeaker in accordance with a consent granted by a local authority under Schedule 2 to the Noise and Statutory Nuisance Act 1993.
(4) An offence under this section in Scotland may be prosecuted in any court of summary jurisdiction within the meaning of the Summary Jurisdiction (Scotland) Act 1954 having jurisdiction in the place where the offence was committed.
(1) Provision may be made by regulations—
(a) for requiring the use on or in connection with plant or machinery of devices or arrangements for reducing the noise caused by the plant or machinery;
(b) for limiting the level of noise which may be caused by any plant or machinery when used for works to which section 60 of this Act applies or which may be caused outside a factory within the meaning of the Factories Act 1961 by the use of plant or machinery in the factory;
and regulations under this section may apply standards, specifications, descriptions or tests laid down in documents not forming part of the regulations.
(2) It shall be the duty of the Secretary of State, before he makes regulations under this section, to consult persons appearing to him to represent producers and users of plants and machinery with a view to ensuring that the regulations do not contain requirements which in his opinion would be impracticable or involve unreasonable expense.
(2A) Subsection (2) does not apply to regulations which apply only in relation to England.
(3) Any person who contravenes or causes or permits another person to contravene regulations under this section shall be guilty of an offence against this Part of this Act; but in any proceedings for a contravention or regulations made in pursuance of paragraph (a) of subsection (1) of this section it shall be a defence to prove that means were used for the purpose of reducing the noise in question which were not less effective for that purpose than the means required by the regulations.
(4) Without prejudice to the generality of section 104(1)(a) of this Act, different regulations may be made under this section for different localities, and it shall be the duty of each local authority to enforce the provisions of regulations under this section within its area; but nothing in this section shall be taken to authorise a local authority in Scotland to institute proceedings for any offence.
(5) Nothing in this section or in regulations under this section shall be construed as derogating from any other provision of this Part of this Act.
70 Appeals to Secretary of State and magistrates’ court.
(1) Where any provision in this Part of this Act provides for an appeal to a magistrates’ court, the procedure shall be by way of complaint for an order and the Magistrates’ Courts Act 1980 shall apply to the proceedings.
(2) The Secretary of State may make regulations as to appeals under this Part of this Act to the Secretary of State or, subject to the preceding subsection, to magistrates’ courts; and the regulations may in particular—
(a) include provisions comparable to those in section 290 of the Public Health Act 1936 (appeals against notices requiring the execution of works);
(b) prescribe the cases in which a notice under this Part of this Act is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;
(c) prescribe the cases in which the decision on appeal may in some respects be less favourable to the appellant than the decision from which he is appealing;
(d) prescribe the cases in which the appellant may claim that a notice should have been served on some other person and prescribe the procedure to be followed in those cases.
(3) Regulations under this section may prescribe the procedure and practice as respect appeals to the Secretary of State under this Part of this Act, and in particular may make provision as respects—
(a) the particulars to be included in the notice of appeal;
(b) the persons on whom notice of appeal is to be served and the particulars, if any, to accompany the notice; and
(c) the abandonment of an appeal.
(4) In entertaining any appeal under this Part of this Act the Secretary of State, or as the case may be the magistrates’ court, shall have regard to any duty imposed by law on the appellant which concerns the activities in the course of which the noise is emitted.
(5) In the application of this section to Scotland, subsection (1) and the reference to that subsection in subsection (2) shall not have effect.
(1) For the purpose of giving guidance on appropriate methods (including the use of specified types of plant or machinery) for minimising noise, the Secretary of State may—
(a) prepare and approve and issue such codes of practice as in his opinion are suitable for the purpose; and
(b) Approve such codes of practice issued or proposed to be issued otherwise than by the Secretary of State as in the opinion of the Secretary of State are suitable for the purpose.
(2) The Secretary of State shall under paragraph (a) or paragraph (b) of the preceding subsection approve a code of practice for the carrying out of works to which section 60 of this Act applies.
(3) The powers conferred by this section on the Secretary of State shall be exercisable by order, and shall include power to vary or revoke a previous order under this section.
(1) This section shall apply for the construction of references in this Part of this Act to best practicable means.
(2) In that expression “practicable” means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications.
(3) The means to be employed include the design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and acoustic structures.
(4) The test of best practicable means is to apply only so far as compatible with any duty imposed by law, and in particular is to apply to statutory undertakers only so far as compatible with the duties imposed on them in their capacity of statutory undertakers.
(5) The said test is to apply only so far as compatible with safety and safe working conditions, and with the exigencies of any emergency or unforseeable circumstances.
(6) Subject to the preceding provisions of this section, regard shall be had, in construing references to “best practicable means”, to any relevant provision of a code of practice approved under the preceding section.
73 Interpretation and other supplementary provisions.
(1) Except where the context otherwise requires, in this Part of this Act—
“contravention” includes a failure to comply with the provision in question, and “contravene” shall be construed accordingly;
“local authority” means—
in England . . . , the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple;
in Wales, the council of a county or a county borough; and
in Scotland, an islands or district council;
“noise” includes vibration;
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“statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of . . . , . . . , or hydraulic power, and includes a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) in his capacity as a person who provides a universal postal service (within the meaning of that Part);
“work of engineering construction” means the construction, structural alteration, maintenance or repair of any railway line or siding or any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipeline, aqueduct, sewer, sewage works or gasholder.
(2) The area of a local authority which includes part of the seashore shall also include for the purposes of this Part of this Act, except section 62 , the territorial sea lying seawards from that part of the shore; and—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) this Part of this Act (except section 62 and this subsection) shall have effect, in relation to any area included in the area of a local authority by virtue of this subsection—
(i) As if references to premises and the occupier of premises included respectively a vessel and the master of a vessel, and
(ii) with such other modifications, if any, as are prescribed.
(3) Where more than one person is responsible for noise, this Part of this Act shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance, or would result in a level of noise justifying action under this Part of this Act.
(4) This Part of this Act does not apply to noise caused by aircraft other than model aircraft and does not confer functions on port health authorities.
(1) . . . , a person guilty of an offence against this Part of this Act shall be liable on summary conviction—
(a) in the case of a first offence against this Part of this Act, to a fine not exceeding level 5 on the standard scale; and
(b) in the case of a second or subsequent offence against this Part of this Act, to a fine not exceeding level 5 on the standard scale,
together, in any case, with a further fine not exceeding £50 for each day on which the offence continues after the conviction.
(2) In determining whether an offence is a second or subsequent offence against this Part of this Act, account shall be taken of any offence—
(a) under section 24 of the Public Health (Scotland) Act 1897 by way of contravening a decree or interdict relating to noise; or
(b) under section 95 of the Public Health Act 1936 by way of contravening a nuisance order relating to noise, ; or
(c) under section 80(4) of the Environmental Protection Act 1990,
as if it were an offence against this Part of this Act.
(1) For the purpose of limiting or reducing air pollution, the Secretary of State may by regulations—
(a) impose requirements as to the composition and contents of any fuel of a kind used in motor vehicles; and
(b) where such requirements are in force, prevent or restrict the production, treatment, distribution, import, sale or use of any fuel which in any respect fails to comply with the requirements, and which is for use in the United Kingdom.
(2) It shall be the duty of the Secretary of State, before he makes any regulations in pursuance of this section, to consult such persons appearing to him to represent manufacturers and users of motor vehicles, such persons appearing to him to represent the producers and users of fuel for motor vehicles and such persons appearing to him to be conversant with problems of air pollution as he considers appropriate.
(3) Regulations under this section—
(a) in imposing requirements as to the composition and contents of any fuel, may apply standards, specifications, descriptions or tests laid down in documents not forming part of the regulations;
(b) may authorise the Secretary of State to confer exemptions from any provision of the regulations.
(4) Where fuel is subject to requirements as to composition or contents imposed by regulations under this section, the regulations may, in order that persons to whom the fuel is supplied are afforded information as to its composition or contents, impose requirements for securing that the information is displayed at such places and in such manner as may be prescribed by the regulations.
(5) It shall be the duty of every local weights and measures authority to enforce the provisions of regulations under this section within its area; and subsections (2) and (3) of section 26 of the Trade Descriptions Act 1968 (reports and inquiries) shall apply as respects those authorities’ functions under this subsection as they apply to their functions under that Act.
(6) The following provisions of the Trade Descriptions Act 1968 shall apply in relation to the enforcement of regulations under this section as they apply to the enforcement of that Act, that is to say—
section 27 (power to make test purchases);
section 28 (power to enter premises and inspect and seize goods and documents);
section 29 (obstruction of authorised officers);
section 30 (notice of test),
and section 33 of that Act shall apply to the exercise of powers under section 28 as applied by this subsection.
References to an offence under that Act in those provisions as applied by this subsection, except the reference in section 30(2) to an offence under section 28(5) or 29 of that Act, shall be construed as references to an offence under section 77 of this Act relating to regulations under this section.
(7) In relation to Scotland—
(a) nothing in subsection (5) of this section authorises a local weights and measures authority to institute proceedings for an offence;
(b) regulations under this section may provide that certificates issued by such persons as may be specified by the regulations in relation to such matters as may be so specified shall, subject to the provisions of the regulations, be received in evidence, and be sufficient evidence, of those matters in any proceedings for an offence under regulations made under this section; and the regulations may apply any of the provisions of subsections (2) to (4) of section 31 of the Trade Descriptions Act 1968 (evidence by certificate).
(8) In Northern Ireland it shall be the duty of the Department of Economic Development to enforce the provisions of regulations under this section; and accordingly this section shall have effect in relation to Northern Ireland with the omission of subsection (5), and it is hereby declared that in relation to Northern Ireland the references in subsection (6) to provisions of the said Act of 1968 are references to those provisions as modified by section 40(1)(b) and (c) of that Act.
(9) The Secretary of State shall for each financial year pay into the Consolidated Fund of Northern Ireland such sum as the Secretary of State and the Department of Economic Development for Northern Ireland may agree to be appropriate as representing the expenses incurred by that Department in enforcing the provisions of any regulations made under this section.
76 Regulations about sulphur content of oil fuel for furnaces or engines.
(1) For the purpose of limiting or reducing air pollution, the Secretary of State may by regulations impose limits on the sulphur content of oil fuel which is used in furnaces or engines.
(2) It shall be the duty of the Secretary of State, before he makes any regulations in pursuance of this section, to consult such persons appearing to him to represent producers and users of oil fuel, such persons appearing to him to represent manufacturers and users of plant and equipment for which oil fuel is used and such persons appearing to him to be conversant with problems of air pollution as he considers appropriate.
(3) Regulations under this section—
(a) may prescribe the kinds of oil fuel, and the kinds of furnaces and engines, to which the regulations are to apply;
(b) may apply standards, specifications, descriptions or tests laid down in documents not forming part of the regulations;
(c) may authorise the Secretary of State to confer exemptions from any provision of the regulations;
(d) may, without prejudice to the generality of section 104(1)(a) of this Act, make different provision for different areas.
(4) It shall be the duty—
(a) of every local authority to enforce the provisions of regulations under this section within its area, except in relation to a furnace which is part of a process subject to Part I of the Environmental Protection Act 1990 orwork subject to the Alkali Act; and
(b) of the inspectors appointed under that Act to enforce those provisions in relation to such furnaces;
but nothing in this section shall be taken to authorise a local authority in Scotland to institute proceedings for any offence.
(5) In this section “oil fuel” means any liquid petroleum product produced in a refinery.
(1) A person who contravenes or fails to comply with any provision of regulations under either of the two preceding sections shall be guilty of an offence and liable—
(a) on conviction on indictment to a fine; and
(b) on summary conviction to a fine not exceeding £400:
Provided that the regulations may in any case exclude liability to conviction on indictment, and may in any case reduce the maximum fine on summary conviction.
(2) Regulations under each of the two preceding sections shall, subject to any provision to the contrary in the regulations, apply to fuel used for, and to persons in, the public service of the Crown as they apply to fuel used for other purposes and to other persons; but a local authority shall not be entitled by virtue of this subsection to exercise, in relation to fuel used for and persons in that service, any power conferred on the authority by virtue of sections 91 to 93 of this Act.
(1) A person who burns insulation from a cable with a view to recovering metal from the cable shall be guilty of an offence under this subsection unless the burning is part of a process subject to Part I of the Environmental Protection Act 1990 or the place at which he does so is a work registered in pursuance of section 9 of the Alkali Act.
(2) A person who contravenes the provisions of the preceding subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale;
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A local authority may—
(a) undertake, or contribute towards the cost of, investigation and research relevant to the problem of air pollution; and
(b) Arrange for the publication of information on that problem.
(2) Without prejudice to the generality of the preceding subsection, local authorities may obtain information about the emission of pollutants and other substances into the air—
(a) by issuing notices under the following section; and
(b) by measuring and recording the emissions, and for that purpose entering on any premises, whether by agreement or in exercise of the power conferred by section 91 of this Act; and
(c) by entering into arrangements with occupiers of premises under which they measure and record emissions on behalf of the local authority;
but references to premises in paragraphs (b) and (c) of this subsection do not include private dwellings.
(3) A local authority shall not be entitled to exercise the power mentioned in paragraph (b) of the preceding subsection for the purpose of measuring and recording such emissions on any premises unless—
(a) the authority has given to the occupier of the premises a notice—
(i) specifying the kind of emissions in question and the steps it proposes to take on the premises for the purpose of measuring and recording emissions of that kind, and
(ii) stating that it proposes to exercise that power for that purpose unless the occupier makes a request to the authority in pursuance of the following provisions of this subsection; and
(b) the period of twenty-one days beginning with the day on which the notice was given has expired,
and shall not be entitled to exercise that power in consequence of the notice if during that period the occupier gives a notice to the authority requesting it to serve on him a notice under the following section with respect to the emissions.
(4) Nothing in this section shall authorise a local authority to investigate emissions from any process subject to Part I of the Environmental Protection Act 1990 orwork subject to the Alkali Act otherwise than by issuing notices under the following section, or by exercising the powers conferred on the authority by subsection (1)(a) of this section without entering the work.
(5) In acting under subsection (1)(b) of this section, a local authority shall ensure that the material published is presented in such a way that no information relating to a trade secret is disclosed, except with the consent in writing of a person authorised to disclose it . . .
(6) Breach of a duty imposed by the preceding subsection shall be actionable; but in any proceedings, whether civil or criminal, brought against a local authority, or any member or officer of a local authority, on the grounds that any information has been published, it shall be a defence to show that it was published in compliance with the preceding provisions of this section.
(7) The preceding subsection applies in particular to any proceedings brought under section 26 of the Clean Air Act 1956 (which, as amended by subsection (10) of this section, makes it an offence to disclose information relating to any trade secret).
(8) So long as a local authority exercises any of its powers under subsection (2) of this section, it shall from time to time consult such persons carrying on any trade or business in the authority’s area, or such organisations appearing to the authority to be representative of those persons, and such persons appearing to the authority to be conversant with problems of air pollution or to have an interest in local amenity as appear to the authority to be appropriate—
(a) About the way in which the local authority exercises its powers under this and the following section; and
(b) About the extent to which, and the manner in which, any information collected under those powers should be made available to the public.
(9) The consultations shall take place from time to time as the authority think necessary, but not less than twice in each financial year.
(10) Paragraphs (a) and (b) of section 25 of the Clean Air Act 1956 (which are superseded by the provisions of this section) shall cease to have effect, and in paragraph (c) of that section for the words “that problem” there shall be substituted the words “the problem of the pollution of the air”; and in section 26 of that Act (which relates to the unjustified disclosure of information relating to any manufacturing process or trade secret) the words “manufacturing process or” shall cease to have effect.
80 Notices requiring information about air pollution.
(1) A local authority may by notice require the occupier of any premises in its area to furnish, whether by periodical returns or by other means, such estimates or other information as may be specified or described in the notice concerning the emission of pollutants and other substances into the air from the premises.
(2) This section shall not apply to premises in so far as they consist of a private dwelling.
(3) If the notice relates to a process subject to Part I of the Environmental Protection Act 1990 or awork subject to the Alkali Act, the person on whom the notice is served shall not be obliged to supply any information which, as certified by an inspector appointed under that Act, is not of a kind which is being supplied to the inspector for the purposes of that Act.
(4) The person on whom a notice is served under this section shall comply with the notice within six weeks of the date of service, or within such longer period as the local authority may by notice allow.
(5) A notice under this section shall not require returns at intervals of less than three months, and no one notice (whether or not requiring periodical returns) shall call for information covering a period of more than twelve months.
(6) Except so far as regulations provide otherwise, this section shall apply to premises used for, and to persons in, the public service of the Crown as it applies to other premises and persons; but a local authority shall not be entitled by virtue of this subsection to exercise, in relation to premises used for and persons in that service, any power conferred on the authority by virtue of sections 91 to 93 of this Act.
(7) A person who—
(a) fails without reasonable excuse to comply with the requirements of a notice served on him in pursuance of this section; or
(b) in furnishing any estimate or other information in compliance with a notice under this section, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(8) Where a person is convicted of an offence under the preceding subsection in respect of any premises and information of any kind, nothing in subsection (3) of the preceding section shall prevent a local authority from exercising the power of entry there mentioned for the purpose of obtaining information of that kind in respect of the premises.
(1) A person served with a notice under the preceding section, or any other person having an interest in the premises to which the notice relates, may appeal to the Secretary of State—
(a) on the ground that the giving to the authority or the disclosure to the public of all or part of the information required by the notice would—
(i) prejudice to an unreasonable degree some private interest by disclosing information about a trade secret, or
(ii) be contrary to the public interest, or
(b) on the ground that the information required by the notice is not immediately available and cannot readily be collected or obtained by the recipient of the notice without incurring undue expenditure for the purpose.
(2) If the Secretary of State allows the appeal he may direct the local authority to withdraw or modify the notice, or to take such steps as may be specified by the Secretary of State to ensure that prejudicial information is not disclosed to the public; and it shall be the duty of the authority to comply with the direction.
(3) The Secretary of State may make regulations as to appeals under this section, including regulations about the time for bringing an appeal and the circumstances in which all or any part of the appellant’s case is to be withheld from the respondent; but it shall be the duty of the Secretary of State, before he makes any regulations under this subsection, to consult such persons appearing to him to represent local authorities, such persons appearing to him to represent industrial interests and such persons appearing to him to be conversant with problems of air pollution as he considers appropriate.
(1) The Secretary of State shall by regulations prescribe the manner in which, and the methods by which, local authorities are to perform their functions under sections 79 and 80 of this Act.
(2) It shall be the duty of the Secretary of State, before he makes regulations under this section, to consult such persons appearing to him to represent local authorities, such persons appearing to him to represent industrial interests and such persons appearing to him to be conversant with problems of air pollution as he considers appropriate.
(3) Regulations under this section may in particular—
(a) prescribe the kinds of emissions to which notices under section 80 of this Act may relate;
(b) prescribe the kinds of information which may be required by those notices;
(c) prescribe the manner in which any such notice is to be given, and the evidence which is to be sufficient evidence of its having been given, and of its contents and authenticity;
(d) require each local authority to maintain in a prescribed form a register containing—
(i) information obtained by the authority by virtue of section 79(2) of this Act, other than information as to which a direction in pursuance of subsection (2) of the preceding section provides that the information is not to be disclosed to the public; and
(ii) such information (if any) as the Secretary of State may determine, or as may be determined by or under regulations, with respect to any appeal in pursuance of the preceding section which was against a notice served by the authority and which the Secretary of State did not dismiss;
(e) specify the circumstances in which local authorities may enter into arrangements with owners or occupiers of premises under which they will record and measure emissions on behalf of the local authorities;
(f) specify the kinds of apparatus which local authorities are to have power to provide and use for measuring and recording emissions, and for other purposes.
(4) Regulations under subsection (3)(b) of this section may in particular require returns of—
(a) the total volume of gases, whether pollutant or not, discharged from the premises in question over any period;
(b) the concentration of pollutant in the gases discharged;
(c) the total of the pollutant discharged over any period;
(d) the height or heights at which discharges take place;
(e) the hours during which discharges take place;
(f) the concentration of pollutants at ground level.
(5) A register maintained by a local authority in pursuance of regulations made by virtue of subsection (3)(d) of this section shall be open to public inspection at the principal office of the authority free of charge at all reasonable hours, and the authority shall afford members of the public reasonable facilities for obtaining from the authority, on payment of reasonable charges, copies of entries in the register.
83 Provision by local authorities of information for Secretary of State.
(1) The Secretary of State may, for the purpose of obtaining information about air pollution, direct a local authority to make such arrangements as may be specified in the direction—
(a) for the provision, installation, operation and maintenance by the local authority of apparatus for measuring and recording air pollution; and
(b) for transmitting the information so obtained to the Secretary of State.
(2) Where apparatus is provided in pursuance of a direction under the preceding subsection, the Secretary of State shall defray the whole of the capital expenditure incurred by a local authority in providing and installing the apparatus.
(3) Before giving a direction under subsection (1) of this section the Secretary of State shall consult the local authority, and it shall be the duty of the local authority to comply with any direction given under that subsection.
(1) In this Part of this Act—
“local authority” means—
(a) in England and Wales, the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple, and
(b) in Scotland, an islands or district council;
“private dwelling” has the same meaning as in Part I of this Act; and
“a work subject to the Alkali Act” means a work registered under section 9 of the Alkali Act, excluding the whole or part of such a work while the work or part is the subject of an order made or treated as made under subsection (3) of section 11 of the Clean Air Act 1968 (under which certain enactments relating to clean air which apart from that subsection do not apply to works so registered may be applied to such works).
(2) References in this Part of this Act to the emission of substances into the atmosphere shall be construed as applying to substances in a gaseous or liquid or solid state, or any combination of those states.
(3) Any reference in this Part of this Act to measurement includes a reference to the taking of samples.
85 Appeals to Crown Court or Court of Session against decisions of magistrates’ court or sheriff.
(1) An appeal against any decision of a magistrates’ court in pursuance of this Act (other than a decision made in criminal proceedings) shall lie to the Crown Court at the instance of any party to the proceedings in which the decision was given if such an appeal does not lie to the Crown Court by virtue of any other enactment.
(2) In Scotland an appeal against any decision of the sheriff in pursuance of this Act (other than a decision made in criminal proceedings) shall lie to the Court of Session at the instance of any party to the proceedings in which the decision was given if such an appeal does not lie to the Court of Session by virtue of any other enactment.
(3) Where a person appeals to the Crown Court or the Court of Session against a decision of a magistrates’ court or the sheriff dismissing an appeal against a notice served in pursuance of this Act which was suspended pending determination of that appeal, the notice shall again be suspended pending the determination of the appeal to the Crown Court or Court of Session.
(4) In subsection (2), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
87 Miscellaneous provisions relating to legal proceedings.
(1) When an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members the preceding provisions of this subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(2) Where the commission by any person of an offence under this Act is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of an offence by virtue of this subsection whether or not proceedings for the offence are taken against any other person.
(3) ... Notwithstanding anything in section 331 of the Criminal Procedure (Scotland) Act 1975, summary proceedings in Scotland for any offence under section 30F of this Act or regulations or byelaws made in pursuance of section 31 of this Act such offence may be commenced at any time within one year from the time when the offence was committed, and subsection (3) of section 331 of the said Act of 1975 shall apply for the purposes of this subsection, ... as that subsection applies for the purposes of that section.
(4) Where an appeal against a decision of a relevant authority lies to a magistrates’ court by virtue of any provision of this Act, it shall be the duty of the authority to include in any document by which it notifies the decision to the person concerned a statement indicating that such an appeal lies as aforesaid and specifying the time within which it must be brought.
(5) Where on an appeal to any court against or arising out of a decision of a relevant authority in pursuance of this Act the court varies or reverses the decision it shall be the duty of the authority to act in accordance with the court’s decision.
(6) A judge of any court and a justice of the peace shall not be disqualified from acting in cases arising under this Act by reason of his being, as one of several ratepayers or as one of any other class of persons, liable in common with the others to contribute to or be benefited by any rate or fund out of which any expenses of a relevant authority are to be defrayed.
(1) Where any damage is caused by poisonous, noxious or polluting waste which has been deposited on land, any person who deposited it or caused or knowingly permitted it to be deposited, in either case so as to commit an offence under section 3(3) or by virtue of section 18(2) of this Act, is liable for the damage except where the damage—
(a) was due wholly to the fault of the person who suffered it; or
(b) was suffered by a person who voluntarily accepted the risk thereof.
(2) The matters which under paragraphs (a) to (c) of subsection (4) of section 3 of this Act may be proved by way of defence to a charge of committing an offence under subsection (3) of that section may be proved also by way of defence to an action brought by virtue of the preceding subsection (the reference in the said paragraph (a) to the charge being construed as a reference to the act alleged to give rise to the liability).
(3) In this section—
“damage” includes the death of, or injury to, any person (including any disease and any impairment of physical or mental condition);
“fault” has the same meaning as in the Law Reform (Contributory Negligence) Act 1945; and
“land” includes such water as is mentioned in section 4(4) of this Act.
(4) For the purposes of the following enactments, namely—
(a) the Fatal Accidents Acts 1846 to 1959;
(b) the Law Reform (Contributory Negligence) Act 1945; and
(c) the Limitation Act 1980
and for the purposes of any action of damages in Scotland arising out of the death of, or personal injury to, any person, any damage for which a person is liable under subsection (1) of this section shall be treated as due to his fault.
(5) Subsection (1) of this section is without prejudice to any liability which arises apart from the provisions of this section.
89 Expenses and receipts of Secretary of State etc.
(1) There shall be paid out of money provided by Parliament—
(a) Any expenses incurred by the Secretary of State for the purposes of this Act; and
(b) Any increase attributable to the provisions of this Act in the sums payable under any other Act out of money so provided.
(2) Any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.
90 Establishment charges and interest in respect of certain expenses of authorities.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where a sum is payable to a relevant authority by any person by virtue of this Act in respect of the expenses incurred by the authority or by virtue of section 36 of the Local Government Act 1974 in respect of establishment charges related to such expenses or by virtue of section 193 of the Local Government (Scotland) Act 1947 in respect of general expenses related to such expenses, then—
(a) the authority and that person may agree that the sum ... shall be paid in instalments; and
(b) the authority shall be entitled to receive from that person interest on the sum ... , or on such portion of it as is for the time being unpaid, at such reasonable rate or rates as the authority may determine.
(3) In the application of this section to Scotland, for the references to a water authority there shall be substituted references to SEPA.
(1) Any person authorised in writing in that behalf by a relevant authority may at any reasonable time—
(a) enter upon any land or vessel for the purpose of—
(i) performing any function conferred on the authority or that person by virtue of this Act, or
(ii) determining whether, and if so in what manner, such a function should be performed, or
(iii) determining whether any provision of this Act or of an instrument made by virtue of this Act is being complied with;
(b) carry out such inspections, measurements and tests on the land or vessel or of any articles on it and take away such samples of the land or articles as he considers appropriate for such a purpose.
(2) If it is shown to the satisfaction of a justice of the peace on sworn information in writing—
(a) that admission to any land or vessel which a person is entitled to enter in pursuance of the preceding subsection has been refused to that person or that refusal is apprehended or that the land or vessel is unoccupied or that the occupier is temporarily absent or that the case is one of emergency or that an application for admission would defeat the object of the entry; and
(b) that there is reasonable ground for entry upon the land or vessel for the purpose for which entry is required,
then, subject to the following subsection, the justice may by warrant under his hand authorise that person to enter the land or vessel, if need be by force.
(3) A justice of the peace shall not issue a warrant in pursuance of the preceding subsection in respect of any land or vessel unless he is satisfied—
(a) that admission to the land or vessel in pursuance of subsection (1) of this section was sought after not less than seven days notice of the intended entry had been served on the occupier; or
(b) that admission to the land or vessel in pursuance of that subsection was sought in an emergency and was refused by or on behalf of the occupier; or
(c) that the land or vessel is unoccupied; or
(d) that an application for admission to the land or vessel would defeat the object of the entry.
(4) A warrant issued in pursuance of this section shall continue in force until the purpose for which the entry is required has been satisfied.
(5) In the application of this section to Scotland—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Any reference to a justice of the peace shall include a reference to the sheriff.