Control of Pollution Act 1974 (c. 40)

SCHEDULES

Section 108.

SCHEDULE 3 E+W+S Minor and consequential amendments of enactments

The Alkali, &c. Works Regulation Act 1906 E+W+S

F1 1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 3 paras. 1-4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

F1 2 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 3 paras. 1-4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

F1 3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 3 paras. 1-4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

F1 4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 3 paras. 1-4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

F2 5 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 3 para. 5 repealed by Salmon and Freshwater Fisheries Act 1975 (c. 51), s. 42(1), Sch. 5

The M1 Public Health Act 1936 E+W+S

Marginal Citations

M1 1936 c. 49.

X1 [F3 6 E+W+S 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”.]

Editorial Information

X1 The text of Sch. 3 paras 6, 19–21, 28, 30 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F3 Sch. 3 para. 6 repealed (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

Prospective

X2 7 E+W+S 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.

Editorial Information

X2 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M2 Public Health (Drainage of Trade Premises) Act 1937 E+W+S

Marginal Citations

M2 1937 c. 40.

X3 [F4 8 E+W+S 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.]

Editorial Information

X3 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F4 Sch. 3 para. 8 repealed (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60), ss. 3(1), 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)

X4 [F5 9 E+W+S 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”.]

Editorial Information

X4 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F5 Sch. 3 para. 9 repealed (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60), ss. 3(1), 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)

X5 [F6 10 E+W+S 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,”.]

Editorial Information

X5 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F6 Sch. 3 para. 10 repealed (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60), ss. 3(1), 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)

The M3 Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 E+W+S

Marginal Citations

M3 1951 c. 26.

F7 F8 11 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 3 para. 11 repealed (15.11.2006) by The Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 Pt. 2

F8 Sch. 3 para. 11 repealed (S.) (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), Sch. 4 Pt. 2 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2

The Rivers (Prevention of Pollution) (Scotland) Act 1951 E+W+S

F9 12 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 3 para. 12 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F10 13 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 3 para. 13 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

X6 14 E+W+S In section 18 of that Act (which relates to the provision and obtaining of information by river purification authorities), at the end there shall be inserted the following subsection—

“(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.”

Editorial Information

X6 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X7 15 E+W+S 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”.

Editorial Information

X7 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M4 Clean Air Act 1956 E+W+S

Marginal Citations

M4 1956 c. 52.

F11 16 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Sch. 3 para. 16 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6

The M5 Rivers (Prevention of Pollution) Act 1961 E+W+S

Marginal Citations

M5 1961 c. 50

17 E+W+S 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 M6 Public Health Act 1961 E+W+S

Marginal Citations

M6 1961 c. 64

X8 18 E+W+S 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”.

Editorial Information

X8 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M7 London Government Act 1963 E+W+S

Marginal Citations

M7 1963 c. 33.

X9 [F12 19 E+W+S 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”.]

Editorial Information

X9 The text of Sch. 3 paras 6, 19–21, 28, 30 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F12 Sch. 3 para. 19 repealed (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

The M8 Water Resources Act 1963 E+W+S

Marginal Citations

M8 1963 c. 38.

X10 [F13 20 E+W+S 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”.]

Editorial Information

X10 The text of Sch. 3 paras 6, 19–21, 28, 30 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F13 Sch. 3 paras. 20, 21 repealed (E.W.) 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. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

X11 [F14 21 E+W+S 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”.]

Editorial Information

X11 The text of Sch. 3 paras 6, 19–21, 28, 30 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F14 Sch. 3 paras. 20, 21 repealed (E.W.) 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. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

22 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Textual Amendments

F15 Sch. 3 para. 22 repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 24 Pt. II

The M9 Spray Irrigation (Scotland) Act 1964 E+W+S

Marginal Citations

M9 1964 c. 56.

X12 23 E+W+S 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 M10 Rivers (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”.

Editorial Information

X12 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M10 1951 c. 66.

The M11 Rivers (Prevention of Pollution) (Scotland) Act 1965 E+W+S

Marginal Citations

M11 1965 c. 13.

X13 24 E+W+S 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”.

Editorial Information

X13 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

25 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F16 Sch. 3 para. 25 repealed by Refuse Disposal (Amenity) Act 1978 (c. 3), Sch. 2

The M12 Hovercraft Act 1968 E+W+S

Marginal Citations

M12 1968 c. 59.

X14 26 E+W+S 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”.

Editorial Information

X14 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Water Act 1973 E+W+S

[F17 27 E+W+S 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.]

Textual Amendments

F17 Sch. 3 paras. 27-30 repealed (E.W.) 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. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

X15 [F18 28 E+W+S In subsection (12) of section 24 of that Act (which relates to reports of surveys prepared by water authorities under that section) after paragraph (a) there shall be inserted the following paragraph—

“(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.”]

Editorial Information

X15 The text of Sch. 3 paras 6, 19–21, 28, 30 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F18 Sch. 3 paras. 27-30 repealed (E.W.) 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. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

[F19 29 E+W+S 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.]

Textual Amendments

F19 Sch. 3 paras. 27-30 repealed (E.W.) 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. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

X16 [F20 30 E+W+S 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 M13 Rivers (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)”.]

Editorial Information

X16 The text of Sch. 3 paras 6, 19–21, 28, 30 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F20 Sch. 3 paras. 27-30 repealed (E.W.) 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. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

Marginal Citations

M13 1951 c. 64.

Prospective

The Local Government (Scotland) Act 1973 E+W+S

F21 31 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Sch. 3 para. 31 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group 2