- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (25/02/2015)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/04/2015
Point in time view as at 25/02/2015. There are multiple versions of this provision on screen. These apply to different geographical extents.This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. status_warning_revised_p22i Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. A later version of this provision including subsequent changes and effects supersedes these versions.
There are currently no known outstanding effects for the Control of Pollution Act 1974, Section 105.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)In this Act—
[F1 “the Alkali Act” means the M1Alkali, &c. Works Regulation Act 1906;]
“county” [F2 county borough] and “district”, except in relation to Scotland, have the same meanings as in the M2Local Government Act 1972;
“mine” and “quarry” have the same meanings as in the M3Mines 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;
[F3“road” (except where the context otherwise requires) has the same meaning as in the [F4Part IV of the New Roads and Street Works Act 1991]:
“roads authority” has the same meaning as in the Roads (Scotland) Act 1984;][F5 “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 M4Hovercraft Act 1968.
(2)Except so far as this Act expressly provides otherwise and subject to the provisions of [F6section 18 of the M5Interpretation 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 [F7subsection (1) of section 293 of the Town and Country Planning Act 1990] or, in relation to Scotland, [F8subsections (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.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Definition repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), 164(3), Sch. 16 Pt. I
F2Words in s. 105(1) inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 10(5) (with Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3
F3Definitions inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(6)
F4Words in s. 105(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1), Sch. 8 Pt. IV para. 105; S.I. 1992/2990, art. 2(2), Sch. 2 .
F5S. 105(1): definition of “SEPA” inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(35) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F6Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)
F7Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 31(2)
F8Words in s. 105(3) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2, para. 23(2)
Modifications etc. (not altering text)
C8S. 105(3) amended (E.W.) (25.9.1991) by Atomic Weapons Establishment Act 1991 (c. 46), ss. 3, 6(2), Sch. para. 8(2)
Marginal Citations
(1)In this Act—
[F9 “the Alkali Act” means the M6Alkali, &c. Works Regulation Act 1906;]
“county” [F10 county borough] and “district”, except in relation to Scotland, have the same meanings as in the M7Local Government Act 1972;
“mine” and “quarry” have the same meanings as in the M8Mines 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;
[F11“road” (except where the context otherwise requires) has the same meaning as in the [F12Part IV of the New Roads and Street Works Act 1991]:
“roads authority” has the same meaning as in the Roads (Scotland) Act 1984;][F13 “SEPA” means the Scottish Environment Protection Agency;]
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“vessel” includes a hovercraft within the meaning of the M9Hovercraft Act 1968.
(2)Except so far as this Act expressly provides otherwise and subject to the provisions of [F15section 18 of the M10Interpretation 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 [F16or by or under any Act of the Scottish Parliament]; or
(c)derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.
[F17(3)Subject to subsections (3A) to (3D) below, this Act shall bind the Crown.
(3A)No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the Court of Session may, on the application of—
(a)the Scottish Environment Protection Agency; or
(b)any other public or local authority charged with enforcing that provision,
declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3B)Notwithstanding anything in subsection (3A) above, any provision made by or under this Act shall apply to persons in the public service of the Crown as it applies to other persons.
(3C)If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises; and in this subsection “Crown premises” means premises held or used by or on behalf of the Crown.
(3D)Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity.]
(4)References in this Act to any enactment are references to it as amended by or under any other enactment.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F9Definition repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), 164(3), Sch. 16 Pt. I
F10Words in s. 105(1) inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 10(5) (with Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3
F11Definitions inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(6)
F12Words in s. 105(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1), Sch. 8 Pt. IV para. 105; S.I. 1992/2990, art. 2(2), Sch. 2 .
F13S. 105(1): definition of “SEPA” inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(35) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F14Words in s. 105(1) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para. 16(10); S.S.I. 2014/160, art. 2(1)(2), Sch.
F15Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)
F16Words in s. 105(2)(b) added (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para. 39(4); S.S.I. 2014/160, art. 2(1)(2), Sch.
F17S. 105(3)(3A)(3B)(3C)(3D) substituted (S.) (8.4.1998) for s. 105(3) by 1995 c. 25, s. 116, Sch. 21 Pt. II para. 4 (with ss. 7(6), 115, 117); S.I. 1998/781, art. 2 (subject to transitional provisions in art. 3)
Modifications etc. (not altering text)
C9S. 105(3C): certain functions made exercisable by the Scottish Ministers concurrently with the Minister (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2 (with art. 7)
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys