(1) A person authorised to enter upon any land or vessel in pursuance of the preceding section shall, if so required, produce evidence of his authority before he enters upon the land or vessel.
(2) A person so authorised may take with him on to the land or vessel in question such other persons and such equipment as may be necessary.
(3) Admission to any land or vessel used for residential purposes and admission with heavy equipment to any other land or vessel shall not, except in an emergency or in a case where the land or vessel is unoccupied, be demanded as of right in pursuance of subsection (1) of the preceding section unless a notice of the intended entry has been served on the occupier not less than seven days before the demand.
(4) A person who, in the exercise of powers conferred on him by virtue of the preceding section or this section, enters upon any land or vessel which is unoccupied or of which the occupier is temporarily absent shall leave the land or vessel as effectually secured against trespassers as he found it.
(5) It shall be the duty of a relevant authority to make full compensation to any person who has sustained damage by reason of—
(a) the exercise by a person authorised by the authority of any powers conferred on the person so authorised by virtue of the preceding section or this section; or
(b) the failure of a person so authorised to perform the duty imposed on him by the preceding subsection,
except where the damage is attributable to the default of the person who sustained it; and any dispute as to a person’s entitlement to compensation in pursuance of this subsection or as to the amount of the compensation shall be determined by arbitration.
(6) A person who wilfully obstructs another person acting in the exercise of any powers conferred on the other person by virtue of the preceding section or this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100level 3 on the standard scale.
(7) In the preceding section and this section any reference to an emergency is a reference to a case where a person requiring entry to any land or vessel has reasonable cause to believe that circumstances exist which are likely to endanger life or health and that immediate entry to the land or vessel is necessary to verify the existence of those circumstances or to ascertain their cause or to effect a remedy.
(1) Subject to the following subsection, a relevant authority may serve on any person a notice requiring him to furnish to the authority, within a period or at times specified in the notice and in a form so specified, any information so specified which the authority reasonably considers that it needs for the purposes of any function conferred on the authority by this Act.
(2) Provision may be made by regulations for restricting the information which may be required in pursuance of the preceding subsection and for determining the form in which the information is to be so required.
(3) A person who—
(a) fails without reasonable excuse to comply with the requirements of a notice served on him in pursuance of this section; or
(b) in furnishing any information in compliance with such a notice, makes any statement which he knows to be false or misleading in a material particular or recklessly makes any statement which is false or misleading in a material particular,
shall be guilty of an offence.
(3A) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) If a person discloses information relating to any trade secret used in carrying on a particular undertaking and the information has been given to him or obtained by him by virtue of this Act he shall, subject to the following subsection, be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) A person shall not be guilty of an offence under the preceding subsection by virtue of the disclosure of any information if—
(a) the disclosure is made—
(i) in the performance of his duty, or
(ii) in pursuance of section 79(1)(b) of this Act, or
(iii) with the consent in writing of a person having a right to disclose the information; or
(b) the information is of a kind prescribed for the purposes of this paragraph and, if regulations made for those purposes provide that information of that kind may only be disclosed in pursuance of the regulations to prescribed persons, the disclosure is to a prescribed person.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
95 Service of documents on and by certain undertakers.
Section 187 of the Water Act 1989 (service of documents) shall apply for the purposes of the service of any document required or authorised by virtue of this Act to be served on or by a water undertaker or sewerage undertaker as it applies for the purposes of the service of any document required or authorised by virtue of that Act to be served on or by any person.
(1) The Secretary of State may cause a local inquiry to be held in any case in which he considers it appropriate for such an inquiry to be held either in connection with a provision of this Act or with a view to preventing or dealing with pollution other than air pollution or noise at any place.
(2) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (which contain supplementary provisions with respect to local inquiries held in pursuance of that section) shall, without prejudice to the generality of subsection (1) of that section, apply to inquiries in England and Wales in pursuance of the preceding subsection as they apply to inquiries in pursuance of that section but as if the reference to a local authority in subsection (4) included a reference to a water authority.
(3) Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (local inquiries) shall, without prejudice to the generality of subsection (1) of that section, apply to inquiries in Scotland in pursuance of subsection (1) of this section as they apply to inquiries held in pursuance of that section. . .
(1) If the Secretary of State is satisfied that any other relevant authority has failed to perform any functions which it ought to have performed, he may make an order declaring the authority to be in default.
(2) An order made by virtue of the preceding subsection which declares an authority to be in default may, for the purpose of remedying the default, direct the authority (hereafter in this section referred to as “the defaulting authority”) to perform such of its functions as are specified in the order and may specify the manner in which and the time or times within which those functions are to be performed by the authority.
(3) If the defaulting authority fails to comply with any direction contained in such an order the Secretary of State may, instead of enforcing the order by mandamus, make an order transferring to himself such of the functions of the authority as he thinks fit.
(4) Where any functions of the defaulting authority are transferred in pursuance of the preceding subsection, the amount of any expenses which the Secretary of State certifies were incurred by him in performing those functions shall on demand be paid to him by the defaulting authority.
(5) Any expenses which in pursuance of the preceding subsection are required to be paid by the defaulting authority in respect of any functions transferred in pursuance of this section shall be defrayed by the authority in the like manner, and shall be debited to the like account, as if the functions had not been transferred and the expenses had been incurred by the authority in performing them; and the authority shall have the like powers for the purpose of raising any money required in pursuance of this subsection as the authority would have had for the purpose of raising money required for defraying expenses incurred for the purposes of the functions in question.
(6) An order transferring any functions of the defaulting authority in pursuance of subsection (3) of this section may provide for the transfer to the Secretary of State of such of the property, rights, liabilities and obligations of the authority as he considers appropriate; and where such an order is revoked the Secretary of State may, by the revoking order or a subsequent order, make such provision as he considers appropriate with respect to any property, rights, liabilities and obligations held by him for the purposes of the transferred functions.
(7) The Secretary of State may by order vary or revoke any order previously made by him in pursuance of this section.
(8) In this section “functions”, in relation to an authority, means functions conferred on the authority by virtue of this Act.
(9) This section shall not apply to Scotland.
In this Part of this Act—
“functions” includes powers and duties; and
“relevant authority” means—
in England ., the Secretary of State, a water authority, a county council, . . . , a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple and, for the purposes of sections 91 to 93 of this Act, a sewerage undertaker; and
in Wales, the Secretary of State, a county council or a county borough council and, for the purposes of sections 91 to 93 of this Act, a sewerage undertaker; and
in Scotland—
as respects sections 91 and 92, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and
as respects this Part other than those sections, the Secretary of State, SEPA or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
The enactments mentioned in Schedule 2 to this Act shall have effect subject to the provisions of that Schedule (which alter the penalties for the offences to which those enactments relate).
101 Disposal of waste etc by Atomic Energy Authority.
Without prejudice to the powers of the United Kingdom Atomic Energy Authority apart from this section, the Authority shall have power—
(a) to engage in the United Kingdom and elsewhere in such activities relating to the treatment or disposal of waste and other matter as the Secretary of State may from time to time specify by notice given to the Authority; and
(b) to do anything which appears to the Authority to be appropriate for the purpose of exercising the powers conferred on the Authority by the preceding paragraph.
102 Power to give effect to international agreements.
(1) Regulations may provide that any provision of this Act, except this section, shall have effect with such modifications as are prescribed with a view to enabling the Government of the United Kingdom to give effect to any provision made by or under any international agreement to which the Government is for the time being a party.
(2) The Secretary of State may make, to the Commission established by the Convention for the Prevention of Marine Pollution from Land-based Sources which was signed at Paris on behalf of the Government of the United Kingdom on 4 June 1974, such payments towards the expenses of the Commission as he may with the approval of the Treasury determine.
(1) Any power conferred by this Act ... to make an order or regulations—
(a) includes power to make different provision by the order or regulations for different circumstances and to include in the order or regulations such incidental, supplemental and transitional provisions as the person making the order or regulations considers appropriate in connection with the order or regulations; and
(b) shall be exercisable by statutory instrument except in the case of the powers conferred by section 97 of this Act;
and any statutory instrument made by virtue of this subsection, except an instrument containing only regulations made by virtue of section 18 of this Act or an order made by virtue of section 33(4), 44(5), 52, 53 or 109(2) section 44(5) or 109(2) of this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2) No regulations shall be made by virtue of section 18 of this Act and no order shall be made by virtue of section 52 or 53 of this Act unless a draft of the regulations or order has been approved by a resolution of each House of Parliament.
(3) It shall be the duty of the Secretary of State, before he makes any regulations in pursuance of section 31(5) of this Act—
(a) to publish in the London Gazette and in at least one newspaper circulating in the area in question a copy of the proposed regulations and a notice specifying—
(i) A period of not less than twenty-eight days, beginning with the date on which the notice is first published, within which objections to the proposed regulations may be made, and
(ii) the person to whom such objections may be made; and
(b) to consider any objections to the proposed regulations which are made within that period and, if such an objection is so made by a prescribed person and is not withdrawn, to cause a local inquiry to be held in pursuance of section 96 of this Act with respect to the proposed regulations;
and the Secretary of State may, after considering any such objections as are mentioned in paragraph (b) of this subsection and the report of any person appointed to hold a local inquiry with respect to the proposed regulations, make the regulations either in the form in which a copy of them was published in pursuance of this subsection or in that form with such modifications as he considers appropriate.
(1) In this Act—
“the Alkali Act” means the Alkali, &c. Works Regulation Act 1906;
“county” county borough and “district”, except in relation to Scotland, have the same meanings as in the Local Government Act 1972;
“mine” and “quarry” have the same meanings as in the Mines and Quarries Act 1954;
“modifications” includes additions, omissions and amendments and “modify” and cognate expressions shall be construed accordingly;
“notice” means notice in writing;
“owner”, except in relation to Scotland, means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises were let at a rackrent;
“premises” includes land;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State;
“road” (except where the context otherwise requires) has the same meaning as in the Part IV of the New Roads and Street Works Act 1991:
“roads authority” has the same meaning as in the Roads (Scotland) Act 1984; “SEPA” means the Scottish Environment Protection Agency;
“trade effluent” includes any liquid (either with or without particles of matter in suspension in it) which is discharged from premises used for carrying on any trade or industry, other than surface water and domestic sewage, and for the purposes of this definition on any premises wholly or mainly used (whether for profit or not) for agricultural or horticultural purposes or for scientific research or experiment shall be deemed to be premises used for carrying on a trade; and
“vessel” includes a hovercraft within the meaning of the Hovercraft Act 1968.
(2) Except so far as this Act expressly provides otherwise and subject to the provisions of section 18 of the Interpretation Act 1978 (which relates to offences under two or more laws), nothing in this Act—
(a) confers a right of action in any civil proceedings (other than the proceedings for the recovery of a fine) in respect of any contravention of this Act or an instrument made in pursuance of this Act;
(b) Affects any restriction imposed by or under any other enactment, whether public, local or private; or
(c) derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.
(3) In so far as any interest in Crown land is not an interest belonging to Her Majesty or a Crown interest or a Duchy interest, this Act shall apply to the land as if it were not Crown land; and expressions used in this subsection and subsection (1) of section 293 of the Town and Country Planning Act 1990 or, in relation to Scotland, subsections (1) to (3) of section 242 of the Town and Country Planning (Scotland) Act 1997 have the same meanings in this subsection as in that subsection.
(4) References in this Act to any enactment are references to it as amended by or under any other enactment.
(1) The provisions of this section shall, in addition to any express provision for the application to Scotland of any provision of this Act, have effect for the general application of this Act to Scotland.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In this Act “region”, “district”, “regional council”, “islands council” and “district council” have respectively the same meanings as in the Local Government (Scotland) Act 1973.
(4) Any reference in this Act to a highway shall, unless the contrary intention appears, include a reference to any public right of way.
(5) Any question which is required by any provision of this Act to be determined by arbitration shall be determined by a single arbiter appointed, in default of agreement between the parties concerned, by the Secretary of State on the application of any of the parties.
(6) For any reference in this Act to a magistrates’ court there shall be substituted a reference to the sheriff.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) For any reference in this Act to the London Gazette there shall be substituted a reference to the Edinburgh Gazette.
(9) In this Act “owner” means the person for the time being entitled to receive or who would, if the same were let, be entitled to receive, the rents of the premises in connection with which the word is used and includes a trustee, factor, tutor or curator, and, in the case of public or municipal property, includes the persons to whom the management thereof is entrusted.
This Act shall have effect in its application to the Isles of Scilly with such modifications as the Secretary of State may by order specify, and the Secretary of State may by order vary or revoke any order previously made in pursuance of this section.
108 Minor and consequential amendments of enactments, and repeals.
(1) The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments there specified (which are minor amendments and amendments consequential on provisions of this Act).
(2) The enactments mentioned in the first and second columns of Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(3) The Secretary of State may by order repeal or amend any provision of any local Act passed before this Act (including an Act confirming a provisional order) or of any order or other instrument made under an Act so passed if it appears to him that the provision is inconsistent with, or has become unnecessary or requires alteration in consequence of, any provision of this Act or corresponds to any provision repealed by this Act or relates to trade effluent.
(1) This Act may be cited as the Control of Pollution Act 1974.
(2) This Act shall come into force on such day as the Secretary of State may by order appoint; and—
(a) without prejudice to the generality of section 104(1)(a) of this Act, different days may be appointed in pursuance of this subsection for different provisions of this Act and for such different purposes of the same provision as may be specified in the order;
(b) Any provision appointing a day in pursuance of this subsection may be revoked or varied by an order made by the Secretary of State which comes into force before that day.
(3) This Act, except sections ... ... 101 and this section, does not extend to Northern Ireland.
Section 99.
The Public Health (Scotland) Act 1897
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Alkali, &c. Works Regulation Act 1906
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Public Health Act 1936
6 In section 19(3) of the Public Health Act 1936 (under which a person is liable on summary conviction to a fine not exceeding £50 if he constructs a drain or sewer in a manner other than that in which he is required to construct it by a local authority in pursuance of that section) for the words ’fifty pounds’ there shall be substituted the word ’£200’.
7 In section 27 of that Act (which provides that certain matters are not to be passed into public sewers), in subsection (2) (under which a contravention of that section is punishable on summary conviction by a fine not exceeding £10 and a further £5 for each day on which the offence continues after conviction) for the, words from “to a fine” onwards there shall be substituted the words—
(a) on summary conviction, to a fine not exceeding £400 and to a further fine not exceeding £50 for each day on which the offence continues after conviction therefor;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both
.
8 In section 34(5) of that Act (under which a person who causes a drain or sewer to connect with a public sewer in contravention of that section is liable on summary conviction to a fine not exceeding £20) for the words “twenty pounds” there shall be substituted the word “£200”.
9 In section 36(1) of that Act (under which a person who causes a drain or sewer to communicate with a public sewer after the local authority have given notice that they intend themselves to make the connection is liable on summary conviction to a fine not exceeding £50) for the words “fifty pounds” there shall be substituted the word “£200”.
10 In section 41(3) of that Act (under which a person is liable upon summary conviction to a fine not exceeding £5 if he does certain work in connection with an underground drain which communicates with a sewer without giving 24 hours notice to the relevant local authority of his intention to do so or if he does not permit an authorised officer of the local authority free access to the work) for the words “five pounds” there shall be substituted the word “£200”.
11 In section 94(2) of that Act (under which a person who fails to abate a nuisance or to take adequate steps to prevent a recurrence of a nuisance is liable on summary conviction to a fine not exceeding £20) for the word“ £20” there shall be substituted the word “£200”
12 In section 95(1) of that Act (under which a person who contravenes or fails to comply with a nuisance order is liable on summary conviction to a fine not exceeding £50 and a further £5 for each day on which the offence continues after conviction) for the words“ £50” and“ £5” there shall be substituted the words “£400” and “£50” respectively
The Public Health (Drainage of Trade Premises Act 1937
13 In section 2 of the Public Health (Drainage of Trade Premises) Act 1937 (under which restrictions are imposed on the discharge of trade effluent), in subsection (5) (under which an occupier of premises is guilty of an offence if trade effluent is discharged in contravention of the section or without any consent necessary for the purposes of the Act or if any direction or condition given or imposed under that section is contravened) after the words “guilty of an offence” there shall be inserted the words “and liable on summary conviction to a fine not exceeding £200 and to a further fine not exceeding £50 for every day on which the offence continues after conviction therefor.”
14 In section 9 of that Act (under which a person who fails to give specified information to a water authority is liable on summary conviction to a fine not exceeding £5 and a further £2 for each day on which the offence continues after conviction) for the words “five pounds” and “forty shillings” there shall be substituted the words “£50” and “£5” respectively.
The Water Act 1945
15 In section 19(3) of the Water Act 1945 (under which byelaws made under section 17 of that Act or section 22(6) of the Countryside Act 1968 may contain provision making any person who contravenes the byelaws liable to a fine not exceeding £20 and a further £5 for each day during which the offence continues after conviction) for the words “twenty pounds” and “five pounds” there shall be substituted the words “£400” and “£50” respectively.
16 In section 21 of that Act (under which a person is guilty of an offence if he is guilty of any act or neglect whereby any spring, well, borehole or adit the water from which is used or Iikely to be used for human consumption or domestic purposes or for manufacturing food or drink for human consumption is polluted or likely to be polluted) after subsection (2) there shall be inserted the following subsection—
(3) Any person guilty of an offence by virtue of this section shall be liable in respect of each offence—
(a) on summary conviction to a fine not exceeding £400 and in the case of a continuing offence to a further fine not exceeding £50 for every day during which the offence is continued after conviction ;
(b) on conviction on indictment. to a fine or to imprisonment for a term not exceeding two years or to both a fine and such imprisonment.
17, 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Clean Air Act 1956
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Radioactive Substances Act 1960
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Sewerage (Scotland) Act 1968
21 In section 12(8) of the Sewerage (Scotland) Act 1968 (under which a person is liable on summary conviction to a fine not exceeding £25 if he connects a drain or sewer otherwise than in accordance with that section) for the word “£25” there shall be substituted the word “£200”.
22 In section 14(6) of that Act (under which a person is liable on summary conviction to a fine not exceeding £25 if he constructs a drain, sewer or sewage treatment works otherwise than in accordance with a direction under that section by a local authority) for the word “£25” there shall be substituted the word “£200”.
23 In section 24(2) of that Act (under which an occupier of trade premises who discharges trade effluent into sewers etc. without the consent of, or contrary to a direction given by or condition imposed by, the local authority is liable on summary conviction to a fine not exceeding £50 and a further fine not exceeding £20 for each day on which the offence continues after conviction) for the words “£50” and “£20” there shall be substituted the words “£200” and “£50” respectively.
24 In section 45(2) of that Act (under which a person who fails to give specified information to a local authority is liable on summary conviction to a fine not exceeding £20) for the word “£20” there shall be substituted the word “£50”.
25 In section 46 of that Act (which provides that certain matters are not to be passed into public sewers), in subsection (2) (under which a contravention of that section is punishable on summary conviction by a fine not exceeding £20 and a further fine not exceeding £10 for each day on which the offence continues after conviction)—
(a) for the words “£20” and “£10” there shall be substituted the words “£400” and “£50” respectively and
(b) there shall be added at the end the words “and on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both a fine and such imprisonment”.
The Clean Air Act 1968
26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3 Minor and consequential amendments of enactments
Section 108.
The Alkali, &c. Works Regulation Act 1906
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Public Health Act 1936
6 In section 3(1)(b) of the Public Health Act 1936 (under which an order constituting a port health authority may, among other things, assign to the authority any functions conferred on a local authority by that Act) after the words “this Act” there shall be inserted the words “or the Control of Pollution Act 1974”.
The Public Health (Drainage of Trade Premises) Act 1937
8 Sections 2(4) and 3(2) of the Public Health (Drainage of Trade Premises) Act 1937 and the proviso in section 7(1) of that Act (which relate to the protection of interested bodies within the meaning of that Act) shall cease to have effect.
9 In section 4(5) of that Act (under which disputes arising under that Act as to the discharges of trade effluent which were made during such a period as is mentioned in subsections (1) or (2) of that section are to be determined by the Secretary of State) for the words “this Act” there shall be substituted the words “section 43 of the Control of Pollution Act 1974” and for the words “is mentioned” there shall be substituted the words “before the repeal of those subsections by that Act was mentioned”.
10 In section 10(1) of that Act (which authorises the taking of samples of trade effluent which is passing from premises into a public sewer) after the word “passing” there shall be inserted the words “, either directly or through a private drain or sewer,”.
The Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Rivers (Prevention of Pollution) (Scotland) Act 1951
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 In section 18 of that Act (which relates to the provision and obtaining of information by river purification authorities), at the end there shall be inserted the following subsection—
(6) Notwithstanding anything in this Act, any tidal waters adjoining the shore of the area of a river purification authority and any underground waters within the area of such an authority shall be deemed to be included in the expression “stream” for the purposes of the authority’s powers under this section.
15 In section 19 of that Act (which empowers river purification authorities to take samples of effluents), in subsection (3), after the word “authority” there shall be inserted the words “and any underground waters within the area of such an authority”.
The Clean Air Act 1956
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Rivers (Prevention of Pollution) Act 1961
17 In section 10(1) of the Rivers (Prevention of Pollution) Act 1961 (which among other things relates to inspection chambers provided in compliance with conditions imposed under that Act) and in section 12(1)(ii) of that Act (which authorises the disclosure in connection with the execution of that Act of information of which the disclosure is restricted by that section) the reference to that Act shall include a reference to this Act.
The Public Health Act 1961
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The London Government Act 1963
19 In section 41(1)(b) of the London Government Act 1963 (which enables the functions, rights and liabilities of a local authority under any of the provisions there mentioned to be assigned to the port health authority for the Port of London) after the words “section 87 of this Act” there shall be inserted the words “and under any provision of the Control of Pollution Act 1974”.
The Water Resources Act 1963
20 In section 77(2) of the Water Resources Act 1963 (which refers to sewage effluent within the meaning of the Rivers (Prevention of Pollution) Act 1951) for the words “the Rivers (Prevention of Pollution) Act 1951” there shall be substituted the words “Part II of the Control of Pollution Act 1974”.
21 In section 113(1) of that Act (which authorises water authorities to take samples of certain effluents) for the words “Clean Rivers (Estuaries and Tidal Waters) Act 1960” in paragraph (c) there shall be substituted the words “Part II of the Control Pollution Act 1974”.
22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Spray Irrigation (Scotland) Act 1964
23 In section 9(2) of the Spray Irrigation (Scotland) Act 1964 (which among other things attracts for the purposes of that Act certain powers of entry contained in the Rivers (Prevention of Pollution) (Scotland) Act 1951), for the words “20(1)(b) of the said Act of 1951 to an authorisation granted under” there shall be substituted the words “91(1)(a)(iii) of the Control of Pollution Act 1974 to any provision of”.
The Rivers (Prevention of Pollution) (Scotland) Act 1965
24 In section 10(1) of the Rivers (Prevention of Pollution) (Scotland) Act 1965 (which contains provisions with respect to samples of effluent taken at an inspection chamber provided in compliance with a condition imposed under that Act of section 28 of the Rivers (Prevention of Pollution) (Scotland) Act 1951) for the words “this Act or section 28 of the principal Act” there shall be substituted the words “sections 34 to 40 of the Control of Pollution Act 1974”.
25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Hovercraft Act 1968
26 In section 1(1)(g) of the Hovercraft Act 1968 for the words “no proceedings in pursuance of the Noise Abatement Act 1960” there shall be substituted the words “no proceedings in pursuance of Part III of the Control of Pollution Act 1974”.
The Water Act 1973
27 For the purposes of section 14 of the Water Act 1973 (under which, among other things, functions of local authorities with respect to sewerage and sewage disposal, including certain functions under Part XII of the Public Health Act 1936, were transferred to water authorities), section 306 of the said Act of 1936 (which related to the compulsory purchase of land was contained in the said Part XII) shall have effect from 31st March 1974 as if that section had not been repealed by the Local Government Act 1972.
28 In subsection (12) of section 24 of that Act (which relates to reports of surveys prepared by water authorities under that section) after paragraph (a) there shall be inserted the following paragraph—
(aa) shall secure that a copy of each such report and of all such amendments is available at the principal office of the authority for inspection by the public free of charge at all reasonable hours.
29 In section 36(3) of that Act (which among other things provides that Part II of Schedule 7 to that Act shall have effect with respect to the making of byelaws by water authorities under any enactment shall be construed as including a reference to any enactment passed after that Act.
30 In paragraph 17(2) of Schedule 7 to that Act (which relates to the confirmation of byelaws made by a water authority under section 5 of the Rivers (Prevention of Pollution) Act 1951) for the words “section 5 of the Rivers (Prevention of Pollution) Act 1951” there shall be substituted the words “section 31(6) or 33(1) of the Control of Pollution Act 1974” and after the words “a stream” there shall be inserted the words “or the controlled waters (within the meaning of Part 11 of that Act)”.
Section 108.
Chapter | Short title | Extent of repeal
25 & 26 Vict. c. 97. | The Salmon Fisheries (Scotland) Act 1862. | Section 13.
38 & 39 Vict. c. 55. | The Public Health Act 1875. | Section 148, but not so as to affect any agreement in force under that section.
55 & 56 Vict. c.55 | The Burgh Police (Scotland) Act 1892. | Sections 107 to 109.
In section 110, the words from “and may place” to “or nuisance.”
Sections 111 to 114.
Section 116.
58 & 59 Vict. c. 42. | The Sea Fisheries Regulation (Scotland) Act 1895. | Section 8(1)(f).
60 & 61 Vict. c. 38. | The Public Health (Scotland) Act 1897. | In section 39, the first paragraph.
3 Edw. 7. c. 33. | The Burgh Police (Scotland) Act 1903. | Section 23.
In section 24, the words “the immediately preceding section o r under”.
6 Edw. 7. c. 14. | The Alkali, &c. Works Regulation Act 1906. | Sections 3, 4, 5 and 8.
In section 9(1) the words “a cement work, or a smelting work”.
In section 11(b) the words “or with the treatment of alkali waste”.
Section 12(1)(d).
Sections 14, 15 and 17.
In section 18, in subsection (1) the words “other than an offence against a special rule” and subsection (4).
Section 19.
In section 20 the words “other than an offence against a special rule”.
In section 22(1) the words from “or that any alkali waste is deposited” to “contravention of this Act”.
In section 28, in paragraph (b) the words “offences against special rules and” and paragraph (c).
13 & 14 Geo. 5. c. 16. | The Salmon and Freshwater Fisheries Act 1923. | In section 9(5) the words from “and section 22(1)(a)” onwards.
24 & 25 Geo. 5. c. 40. | The Administration of Justice (Appeals) Act 1934. | In the Schedule the entry amending section 17(5) of the Alkali Act.
26 Geo. 5 & 1 Edw. 8. c. 49. | The Public Health Act 1936. | Sections 72 to 77, 79, 80 and 259(2).
1 Edw. 8 and 1 Geo. 6. c. 5. | The Trunk Roads Act 1936. | Section 6(6).
1 Edw. 8 and 1 Geo. 6. c. 40. | The Public Health (Drainage of Trade Premises) Act 1937. | Section 2(4), 3(2) and 4(1) to(3).
In section 7(1), the proviso.
Section 11.
In section 14(1) the definition of “interested body”.
8 & 9 Geo. 6. c. 42. | The Water Act 1945. | Section 18.
14 & 15 Geo. 6. c. 64. | The Rivers (Prevention of Pollution) Act 1951. | The whole Act.
14 & 15 Geo. 6. c. 66. | The Rivers (Prevention of Pollution) (Scotland) Act 1951. | The whole Act except sections 1, 6(1), 7, 9, 10(1), 12(1) to (3)and (4)(a) and (c), 13, 16, 17, 18(1) to (3), 19, 32(1), in section 35(1) the definitions of “contravention”, “functions”, “land”, “local authority”, “local water authority”, “river purification authority”, “river purification board”, “stream” and “tidal waters”, section 36(1) and (5) and Schedule 4.
1 & 2 Eliz. 2. c. 26. | The Local Government (Miscellaneous Provisions) Act 1953. | Section 8.
4 & 5 Eliz. 2. c. 52. | The Clean Air Act 1956. | In section 16(1), in the proviso, paragraph (i).
In section 25, paragraphs (a) and (b).
In section 26, the words “manufacturing process or”.
In Schedule 2, the amendments of sections 3, 8 and 18 of the Alkali Act.
7 & 8 Eliz. 2 c. 25. | The Highways Act 1959. | In section 228(9) the words “section one hundred and forty-eight of the Public Health Act 1875”.
8 & 9 Eliz. 2. c. 34. | The Radioactive Substances Act 1960. | In Schedule 1, in paragraph 3 the words “seventy-nine”, in paragraph 6 the word “eighteen” and paragraphs 7, 8A and 15.
8 & 9 Eliz. 2. c. 54. | The Clean Rivers (Estuaries & Tidal Waters) Act 1960. | The whole Act.
8 & 9 Eliz. 2. c. 68. | The Noise Abatement Act 1960. | The whole Act, but not so as to affect notices served by virtue of section 1 of the Act before the coming into force of section 58 of this Act.
9 & 10 Eliz. 2. c. 50. | The Rivers (Prevention of Pollution) Act 1961. | The whole Act except sections 10, 12, 13(1) and 15(1) and (3).
1961 c. 64. | The Public Health Act 1961. | Sections 55 to 58 and 63(5).
1963 c. 33. | The London Government Act 1963. | In section 40(4)(d), the reference to section 8 of the Local Govermnent (Miscellaneous Provisions) Act 1953, and section 40(4)(g).
In Part I of Schedule 11, paragraphs 14, 16 and 32.
1963 c. 38. | The Water Resources Act 1963. | Sections 72 to 76.
In section 79, subsections (1), (2) and (7), in subsection (5) the words “by virtue of subsection (1) of this section or” and in subsection (8) the words from “(including” to “section)”.
In section 114, in subsection (1) the words from the first “or” to “section” and the words “or discharge”, and subsections (2) and (4)(a).
In section 115(1)(b) the words from “or” to “thereof”.
In section 135(8) the word “72”.
In Schedule 13, paragraphs 5, 6, 7, 11 and 14.
1965 c. 13. | The Rivers (Prevention of Pollution) (Scotland) Act 1965. | The whole Act except sections 10, 13(1), 15(1) and (4) and 17(1) to (3).
1965 c. 36. | The Gas Act 1965. | Section 4(5).
1966 c. 38. | The Sea Fisheries Regulation Act 1966. | Section 5(1)(c).
1967 c. 69. | The Civic Amenities Act 1967. | Section 23(6)(a).
1967 c. 80. | The Criminal Justice Act 1967. | In Schedule 3, the entry relating to section 114 of the Burgh Police (Scotland) Act 1892, in the entry relating to section 22 of the Public Health (Scotland) Act 1897, the words “(as extended by section 1(5) of the Noise Abatement Act 1960 )” and the entries relating to sections 76(3), 94(2) and 95(1) (both as originally enacted and as applied by section 16(1) of the Clean Air Act 1956) of the Public Health Act 1936 and section 27(1) and (2) of the Clean Air Act 1956.
1968 c. 41. | The Countryside Act 1968. | Section 22(6)(c) and (8).
1972 c. 21. | The Deposit of Poisonous Waste Act 1972. | The whole Act.
1972 c. 70. | The Local Government Act 1972. | Section 180(3)(d) and (g).
In section 236(2) the words “or 18”.
In Schedule 14 in paragraph 4 the words “79, 80” and paragraphs 5 to 8 and 49.
1973 c. 37. | The Water Act 1973. | Section 17(1) to (4).
Paragraph 5 of Schedule 2.
Paragraph 63 of Schedule 8.
1973 c. 65. | The Local Government (Scotland) Act 1973. | In section 135(3), the words from “and the said areas” to the end.
Section 136.
In Schedule 16, paragraphs 7 to 9.
In Schedule 28, paragraph 69.