C8C9C10C11C12Part II Pollution of water
Pt. II amended by S.I. 1984/1200, reg. 2(1)
Pt. II amended (1.5.1994) by S.I. 1994/1056, reg. 1(3), 19, Sch. 4 Pt. I para. 11
Pt. II modified by S.I. 1984/1200, reg. 3, Sch. 1 and 1985/5, regs. 3(1)(2), 4(1)( a )
Pt. II modified by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 45, Sch. 2 para. 5(5), Sch. 7 Pt. VI para. 2
Functions exercisable under Pt. II by (a) Minister of Agriculture, Fisheries and Food and (b) that Minister and Secretary of State jointly transferred (W.) by S.I. 1978/272, art. 2(1)(3), Sch. 1
Pt. II: transfer of functions (12.10.1995) by 1995 c. 25, s. 21(1)(a)(ii) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2
Ancillary provisions relating to control of discharges
C2C3F141C1 Registers.
1
It shall be the duty of F2SEPAto maintain in accordance with regulations, registers containing prescribed particulars of F3or relating to—
a
any notices of water quality objectives or other notices served under section 30C above;
F14b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
samples—
F15i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iii
of water taken by F4SEPA;
and information produced by analyses of the samples and the steps taken in consequence of the information;
F6e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
directions given by the Secretary of State in relation to SEPA’s functions under this Part of this Act;
F17h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17j
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17l
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
n
such other matters relating to the quality of water as may be prescribed.
2
It shall be the duty of F2SEPA—
a
to secure that registers maintained by F4SEPA in pursuance of the preceding subsection are, after such date as is prescribed with respect to the registers, open to inspection by the public free of charge at all reasonable hours; and
b
to afford members of the public reasonable facilities for obtaining from F4SEPA, on payment of reasonable charges, copies of entries in the register.F8 and, for the purposes of this subsection, places may be prescribed at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question.
F93
The Secretary of State may give SEPA directions requiring the removal from any register maintained by it under this section of any specified information which is not prescribed for inclusion under subsection (1) of this section or which, by virtue of section 42A or 42B of this Act, ought to have been excluded from the registers.
C4F1042A Exclusion from registers of information affecting national security.
C51
No information shall be included in a register kept or maintained by SEPA under section 41 of this Act if and so long as, in the opinion of the Secretary of State, the inclusion in such a register of that information, or information of that description, would be contrary to the interests of national security.
C52
The Secretary of State may, for the purposes of securing the exclusion from registers of information to which subsection (1) of this section applies, give SEPA directions—
a
specifying information, or descriptions of information, to be excluded from their registers; or
b
specifying descriptions of information to be referred to the Secretary of State for his determination;
and no information to be referred to the Secretary of State in pursuance of paragraph (b) of this subsection shall be included in any such register until the Secretary of State determines that it should be so included.
3
SEPA shall notify the Secretary of State of any information it excludes from a register in pursuance of directions under subsection (2) of this section.
C54
A person may, as respects any information which appears to him to be information to which subsection (1) of this section may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so—
a
he shall notify SEPA that he has done so; and
b
no information so notified to the Secretary of State shall be included in any such register until the Secretary of State has determined that it should be so included.
C6F1142B Exclusion from registers of certain confidential information.
1
No information relating to the affairs of any individual or business shall, without the consent of that individual or the person for the time being carrying on that business, be included in a register kept or maintained by SEPA under section 41 of this Act, if and so long as the information—
a
is, in relation to him, commercially confidential; and
b
is not required to be included in the register in pursuance of directions under subsection (7) of this section;
but information is not commercially confidential for the purposes of this section unless it is determined under this section to be so by SEPA, or, on appeal, by the Secretary of State.
2
Where information is furnished to SEPA for the purpose of—
F18a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
complying with a notice under section 93 of this Act,
then, if the person furnishing it applies to SEPA to have the information excluded from any register kept or maintained by SEPA under section 41 of this Act, on the ground that it is commercially confidential (as regards himself or another person), SEPA shall determine whether the information is or is not commercially confidential.
3
A determination under subsection (2) of this section must be made within the period of fourteen days beginning with the date of the application and if SEPA fails to make a determination within that period it shall be treated as having determined that the information is commercially confidential.
4
Where it appears to SEPA that any information (other than information furnished in circumstances within subsection (2) of this section) which has been obtained by SEPA under or by virtue of any provision of any enactment might be commercially confidential, SEPA shall—
a
give to the person to whom or whose business it relates notice that that information is required to be included in a register kept or maintained by SEPA under section 41 of this Act, unless excluded under this section; and
b
give him a reasonable opportunity—
i
of objecting to the inclusion of the information on the ground that it is commercially confidential; and
ii
of making representations to SEPA for the purpose of justifying any such objection;
and, if any representations are made, SEPA shall, having taken the representations into account, determine whether the information is or is not commercially confidential.
C75
Where, under subsection (2) or (4) of this section, SEPA determines that information is not commercially confidential—
a
the information shall not be entered on the register until the end of the period of twenty-one days beginning with the date on which the determination is notified to the person concerned; and
b
that person may appeal to the Secretary of State against the decision;
and, where an appeal is brought in respect of any information, the information shall not be entered on the register pending the final determination or withdrawal of the appeal.
6
Subsections (2), (4) and (7) of section 49B of this Act shall apply in relation to appeals under subsection (5) of this section; but
a
subsection (4) of that section shall have effect for the purposes of this subsection with the substitution for the words from (“which may” onwards of the words “(which must be held in private)”; and
b
subsection (5) of this section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).
7
The Secretary of State may give SEPA directions as to specified information, or descriptions of information, which the public interest requires to be included in registers kept or maintained by SEPA under section 41 of this Act notwithstanding that the information may be commercially confidential.
8
Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this section at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded; but the person who furnished it may apply to SEPA for the information to remain excluded from the register on the ground that it is still commercially confidential and SEPA shall determine whether or not that is the case.
9
Subsections (5) and (6) of this section shall apply in relation to a determination under subsection (8) of this section as they apply in relation to a determination under subsection (2) or (4) of this section.
10
The Secretary of State may prescribe the substitution (whether in all cases or in such classes or descriptions of case as may be prescribed) for the period for the time being specified in subsection (3) above of such other period as he considers appropriate.
11
Information is, for the purposes of any determination under this section, commercially confidential, in relation to any individual or person, if its being contained in register would prejudice to an unreasonable degree the commercial interests of that individual or person.
C14F13F1242 Power of Secretary of State to exempt applications, consents and conditions etc. from publicity. C13
1
If a person who proposes to make or has made an application to a river purification authority for any consent in pursuance of section 34 of this Act (hereafter in this subsection referred to as “the relevant application”)—
a
applies to the Secretary of State within a prescribed period for a certificate providing that section 36(1) of this Act and paragraphs (b) to (d) of subsection (1) of the preceding section shall not apply to the relevant application or to any consent given or conditions imposed in consequence of the relevant application or to any sample of effluent taken from a discharge for which consent is given in consequence of the relevant application or to information produced by analysis of such a sample; and
b
satisfies the Secretary of State that it would—
i
prejudice to an unreasonable degree some private interest by disclosing information about a trade secret, or
ii
be contrary to the public interest,
if a certificate were not issued in pursuance of his application to the Secretary of State,
the Secretary of State may issue a certificate to that person providing that section 36(1) of this Act and those paragraphs shall not apply to such of the things mentioned in paragraph (a) of this subsection as are specified in the certificate.
2
If a person who is making or proposes to make a discharge which is the subject of a consent given in pursuance of the Rivers (Prevention of Pollution) (Scotland) Acts M11951 and M21965—
a
applies to the Secretary of State for a certificate providing that subsection (1)(c) or (d) of the preceding section shall not apply to the consent or any conditions to which the consent is subject or any sample of effluent taken from a discharge to which the consent relates or any information produced by analysis of such a sample; and
b
satisfies the Secretary of State as mentioned in paragraph (b) of the preceding subsection,
the Secretary of State may issue a certificate to that person providing that the said subsection (1)(c) or (d) shall not apply to such of the things mentioned in paragraph (a) of this subsection as are specified in the certificate.
Pt. II modified (S.) (19.5.1993) by S.I. 1993/1156, regs. 3, 4, 5, Sch. 1
Pt. II (ss. 31-56) modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3