Control of Pollution Act 1974

105 Interpretation etc—general. E+W+S

(1) In this Act—

• [F1 “the Alkali Act” means the M1 Alkali, &c. Works Regulation Act 1906;]

• “county” and “district”, except in relation to Scotland, have the same meanings as in the M2 Local Government Act 1972;

• “mine” and “quarry” have the same meanings as in the M3 Mines and Quarries Act 1954;

• “modifications” includes additions, omissions and amendments and “modify” and cognate expressions shall be construed accordingly;

• “notice” means notice in writing;

• “owner”, except in relation to Scotland, means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises were let at a rackrent;

• “premises” includes land;

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made by the Secretary of State;

• [F2 “road” (except where the context otherwise requires) has the same meaning as in the [F3 Part IV of the New Roads and Street Works Act 1991]:

• “roads authority” has the same meaning as in the Roads (Scotland) Act 1984;]

• “trade effluent” includes any liquid (either with or without particles of matter in suspension in it) which is discharged from premises used for carrying on any trade or industry, other than surface water and domestic sewage, and for the purposes of this definition on any premises wholly or mainly used (whether for profit or not) for agricultural or horticultural purposes or for scientific research or experiment shall be deemed to be premises used for carrying on a trade; and

• “vessel” includes a hovercraft within the meaning of the M4 Hovercraft Act 1968.

(2) Except so far as this Act expressly provides otherwise and subject to the provisions of [F4 section 18 of the M5 Interpretation Act 1978] (which relates to offences under two or more laws), nothing in this Act—

(a) confers a right of action in any civil proceedings (other than the proceedings for the recovery of a fine) in respect of any contravention of this Act or an instrument made in pursuance of this Act;

(b) Affects any restriction imposed by or under any other enactment, whether public, local or private; or

(c) derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.

(3) In so far as any interest in Crown land is not an interest belonging to Her Majesty or a Crown interest or a Duchy interest, this Act shall apply to the land as if it were not Crown land; and expressions used in this subsection and [F5 subsection (1) of section 293 of the Town and Country Planning Act 1990] or, in relation to Scotland, subsection (7) of section 253 of the M6 Town and Country Planning (Scotland) Act 1972 have the same meanings in this subsection as in that subsection.

(4) References in this Act to any enactment are references to it as amended by or under any other enactment.

Textual Amendments

F1 Definition repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), 164(3), Sch. 16 Pt. I

F2 Definitions inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(6)

F3 Words in s. 105(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1), Sch. 8 Pt. IV para. 105; S.I. 1992/2990, art. 2(2), Sch. 2 .

F4 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

F5 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 31(2)

Modifications etc. (not altering text)

C1 S. 105(3) amended (E.W.) (25.9.1991) by Atomic Weapons Establishment Act 1991 (c. 46), ss. 3, 6(2), Sch. para. 8(2)

Marginal Citations

M1 1906 c. 14.

M2 1972 c. 70.

M3 1954 c. 70.

M4 1968 c. 59.

M5 1978 c. 30.

M6 1972 c. 52.