SCHEDULE 3 Minor and consequential amendments of enactments
The M1Alkali, &c. Works Regulation Act 1906
X11
Sections 3, 4 and 5 of the Alkali Act (alkali waste), section 14 (appointment of additional inspectors) and section 15 (power of owners of works to make special rules) shall cease to have effect.
X22
Section 8 of that Act (which is superseded by paragraph 4 of this Schedule) shall cease to have effect.
3
X3(1)
In section 27 of that Act as amended by the M2Alkali, &c. Works Order 1966, in the definition of “noxious or offensive gas” the words “except that arising solely from the combustion of coal”, in both places where they occur, shall be omitted and for the words “Sulphurous anhydride” there shall be substituted the words “Sulphur dioxide”.
(2)
The amendments made by the preceding sub-paragraph may be varied or revoked as if they were contained in the said Order of 1966.
4
X4(1)
“(61)
Smelting works, that is to say works in which sulphide ores are calcinated or smelted.”
(2)
The said paragraph (61) may be varied or revoked as if it were contained in the said Orders of 1971 and 1972.
5
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The M5Public Health Act 1936
F2X56
In section 3(1)(b) of the Public Health Act 1936 (under which an order constituting a port health authority may, among other things, assign to the authority any functions conferred on a local authority by that Act) after the words “this Act” there shall be inserted the words “or the Control of Pollution Act 1974”.
X67
Sections 79 and 80 of that Act (which relate to the removal of noxious matter, manure and refuse from premises) shall cease to have effect.
The M6Public Health (Drainage of Trade Premises) Act 1937
F3X78
Sections 2(4) and 3(2) of the Public Health (Drainage of Trade Premises) Act 1937 and the proviso in section 7(1) of that Act (which relate to the protection of interested bodies within the meaning of that Act) shall cease to have effect.
F4X89
In section 4(5) of that Act (under which disputes arising under that Act as to the discharges of trade effluent which were made during such a period as is mentioned in subsections (1) or (2) of that section are to be determined by the Secretary of State) for the words “this Act” there shall be substituted the words “section 43 of the Control of Pollution Act 1974” and for the words “is mentioned” there shall be substituted the words “before the repeal of those subsections by that Act was mentioned”.
F5X910
In section 10(1) of that Act (which authorises the taking of samples of trade effluent which is passing from premises into a public sewer) after the word “passing” there shall be inserted the words “, either directly or through a private drain or sewer,”.
The M7Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951
X1011
In section 9 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (which provides that acts done for scientific and certain other purposes shall not constitute an offence under Part I of that Act) after the words “this Part of this Act” there shall be inserted the words “or of section 31(1)(a) of the Control of Pollution Act 1974”.
The Rivers (Prevention of Pollution) (Scotland) Act 1951
F612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F713
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X1114
“(6)
Notwithstanding anything in this Act, any tidal waters adjoining the shore of the area of a river purification authority and any underground waters within the area of such an authority shall be deemed to be included in the expression “stream” for the purposes of the authority’s powers under this section.”
X1215
In section 19 of that Act (which empowers river purification authorities to take samples of effluents), in subsection (3), after the word “authority” there shall be inserted the words “and any underground waters within the area of such an authority”.
The M8Clean Air Act 1956
F816
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M9Rivers (Prevention of Pollution) Act 1961
17
In section 10(1) of the Rivers (Prevention of Pollution) Act 1961 (which among other things relates to inspection chambers provided in compliance with conditions imposed under that Act) and in section 12(1)(ii) of that Act (which authorises the disclosure in connection with the execution of that Act of information of which the disclosure is restricted by that section) the reference to that Act shall include a reference to this Act.
The M10Public Health Act 1961
X1318
At the end of section 34(5) of the Public Health Act 1961 (which among other things provides that “rubbish” in that section does not include material accumulated in the course of business) there shall be inserted the words “or waste deposited in accordance with a disposal licence in force under Part I of the Control of Pollution Act 1974”.
The M11London Government Act 1963
F9X1419
In section 41(1)(b) of the London Government Act 1963 (which enables the functions, rights and liabilities of a local authority under any of the provisions there mentioned to be assigned to the port health authority for the Port of London) after the words “section 87 of this Act” there shall be inserted the words “and under any provision of the Control of Pollution Act 1974”.
The M12Water Resources Act 1963
F10X1520
In section 77(2) of the Water Resources Act 1963 (which refers to sewage effluent within the meaning of the Rivers (Prevention of Pollution) Act 1951) for the words “the Rivers (Prevention of Pollution) Act 1951” there shall be substituted the words “Part II of the Control of Pollution Act 1974”.
F11X1621
In section 113(1) of that Act (which authorises water authorities to take samples of certain effluents) for the words “Clean Rivers (Estuaries and Tidal Waters) Act 1960” in paragraph (c) there shall be substituted the words “Part II of the Control Pollution Act 1974”.
22
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The M13Spray Irrigation (Scotland) Act 1964
X1723
In section 9(2) of the Spray Irrigation (Scotland) Act 1964 (which among other things attracts for the purposes of that Act certain powers of entry contained in the M14Rivers (Prevention of Pollution) (Scotland) Act 1951), for the words “20(1)(b) of the said Act of 1951 to an authorisation granted under” there shall be substituted the words “91(1)(a)(iii) of the Control of Pollution Act 1974 to any provision of”.
The M15Rivers (Prevention of Pollution) (Scotland) Act 1965
X1824
In section 10(1) of the Rivers (Prevention of Pollution) (Scotland) Act 1965 (which contains provisions with respect to samples of effluent taken at an inspection chamber provided in compliance with a condition imposed under that Act of section 28 of the Rivers (Prevention of Pollution) (Scotland) Act 1951) for the words “this Act or section 28 of the principal Act” there shall be substituted the words “sections 34 to 40 of the Control of Pollution Act 1974”.
25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
The M16Hovercraft Act 1968
X1926
In section 1(1)(g) of the Hovercraft Act 1968 for the words “no proceedings in pursuance of the Noise Abatement Act 1960” there shall be substituted the words “no proceedings in pursuance of Part III of the Control of Pollution Act 1974”.
The Water Act 1973
F1427
For the purposes of section 14 of the Water Act 1973 (under which, among other things, functions of local authorities with respect to sewerage and sewage disposal, including certain functions under Part XII of the Public Health Act 1936, were transferred to water authorities), section 306 of the said Act of 1936 (which related to the compulsory purchase of land was contained in the said Part XII) shall have effect from 31st March 1974 as if that section had not been repealed by the Local Government Act 1972.
F15X2028
“(aa)
shall secure that a copy of each such report and of all such amendments is available at the principal office of the authority for inspection by the public free of charge at all reasonable hours.”
F1629
In section 36(3) of that Act (which among other things provides that Part II of Schedule 7 to that Act shall have effect with respect to the making of byelaws by water authorities under any enactment shall be construed as including a reference to any enactment passed after that Act.
F17X2130
In paragraph 17(2) of Schedule 7 to that Act (which relates to the confirmation of byelaws made by a water authority under section 5 of the Rivers (Prevention of Pollution) Act 1951) for the words “section 5 of the M17Rivers (Prevention of Pollution) Act 1951” there shall be substituted the words “section 31(6) or 33(1) of the Control of Pollution Act 1974” and after the words “a stream” there shall be inserted the words “or the controlled waters (within the meaning of Part 11 of that Act)”.
The Local Government (Scotland) Act 1973
F1831
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