Control of Pollution Act 1974

Prevention of atmospheric pollution U.K.

75 Regulations about motor fuel. U.K.

(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 M1 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 M2 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 M3 Trade Descriptions Act 1968 (evidence by certificate).

(8) In Northern Ireland it shall be the duty of [F1 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 [F1 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.

Textual Amendments

F1 Words substituted by virtue of S.I. 1982/846 (N.I.11), arts. 4, 5(1)

Marginal Citations

M1 1968 c. 29.

M2 1968 c. 29.

M3 1968 c. 29.

76 Regulations about sulphur content of oil fuel for furnaces or engines. E+W+S

(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 [F2 process subject to Part I of the Environmental Protection Act 1990 [F3 or]][F4 work 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.

Textual Amendments

F2 Words in s. 76(4)(a) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 15(6), S.I. 1991/1042, art.2

F3 Word repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), 164(3), Sch. 16 Pt. I

F4 Words repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), 164(3), Sch. 16 Pt. I

Modifications etc. (not altering text)

C1 S. 76: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

S. 76 modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

C2 S. 76: certain functions transferred (10.1.1992) by S.I. 1992/2913, art. 8(1)(3), Sch. 2

S. 76 modified (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2

77 Provisions supplementary to ss. 75 and 76. U.K.

(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.

Modifications etc. (not altering text)

C3 S. 77 (insofar as it is supplementary to s. 76): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

S. 77 (insofar as it is supplementary to s. 76) modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

C4 S. 77 (insofar as it is supplementary to s. 76): certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 2

S. 77 (insofar as it is supplementary to s. 76) modified (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2

78 Cable burning. E+W+S

(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 [F5 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.

[F6 (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 [F7 level 5 on the standard scale];

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 ]

Textual Amendments

F5 Words in s. 78(1) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 15(7), S.I. 1991/1042, art.2

F6 S. 78(2)(3) substituted for s. 78(2) by S.I. 1974/2170, reg. 10

F7 In s. 78(2) words “level 5 on the standard scale” substituted (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F8 S. 78(3) repealed by S.I. 1983/943, reg. 7(1)

Modifications etc. (not altering text)

C5 S. 78: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

S. 78 modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

C6 S. 78: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 2

S. 78 modified (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2

C7 Words repealed (prosp.) as provided by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), 164(3), Sch. 16 Pt. I