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- Point in Time (01/02/1991)
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Version Superseded: 01/04/1996
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There are currently no known outstanding effects for the Rivers (Prevention of Pollution) (Scotland) Act 1951 (repealed), Section 19.
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(1)A river purification authority shall have a right to obtain and take away samples of water from any stream or of any effluent which is passing from any land or vessel into any stream in the area of the authority.
[F1(2)Subject to the next following subsection, the result of any analysis of a sample taken under this section shall not be admissable as evidence in any legal proceedings in respect of any effluent passing from any land or vessel unless the following requirements are complied with, that is to say, the person taking the sample—
(a)forthwith notifies to the occupier of the land or the owner or master of the vessel his intention to have it analysed, and
(b)there and then divides the sample into three parts and causes each part to be placed in a container which is sealed and marked, and
(c)delivers one part to the occupier of the land or the owner or master of the vessel, retains one part for future comparison, and, if he thinks fit to have an analysis made, submits one part to the analyst.
(2A) If it is not reasonably practicable for the person taking the sample forthwith to notify to the occupier of the land or the owner or master of the vessel his intention to have it analysed, the last preceding subsection shall be construed as requiring the matters specified in paragraphs (a) to (c) thereof to be done as soon as is reasonably practicable.
(2B) In relation to any legal proceedings in respect of any effluent passing from a local authority sewer into any water, subsection (2) of this section shall have effect as if the reference to the occupier of the land were a reference to the sewerage authority by whom the sewer is maintained.]
(3)Notwithstanding anything in this Act, any [F2controlled waters within the meaning of section 30A of the Control of Pollution Act 1974] shall be deemed to be included in the expression “stream” for the purposes of the [F3river purification authority’s]powers under this section.
[F4(4)In this section any reference to an analysis shall be construed as including a reference to any test of whatever kind, and ”analysed’ and ”analyst’ shall be construed accordingly, and any reference to land includes a reference to premises.]
Textual Amendments
F1S. 19(2)–(2B) substituted for s. 19(2) by Rivers (Prevention of Pollution) (Scotland) Act 1965 (c. 13), s. 10(6)(a)
F2Words substituted by virtue of Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 17, Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F3Words substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 17, Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
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