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10. For subsection (2) of section 78 of the Control of Pollution Act 1974 (which relates to cable burning) there shall be substituted the following—
“(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 £400;
(3) Proceedings for an offence under subsection (1) above shall not, in England and Wales, be instituted except by an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 or by or with the consent of the Director of Public Prosecutions.”.
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