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- Point in Time (02/08/2005)
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Version Superseded: 01/04/2006
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(1)It shall be the duty of [F2SEPA]]to 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;
(b)application for consents—
(i)made to [F4SEPA] in pursuance of this Part of this Act;
(ii)sent to the Secretary of State in pursuance of section 34 of this Act (as modified by regulations made under section 55 of this Act);
(c)consents given in pursuance of any provision of this Part of this Act F5 . and the conditions to which the consents are subject;
(d)samples—
(i)of effluent taken by [F4SEPA] in pursuance of section 19 of the Rivers (Prevention of Pollution) (Scotland) Act M11951;
F6(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)of water taken by [F4SEPA];
and information produced by analyses of the samples and the steps taken in consequence of the information;
F7(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8(f)enforcement notices served under section 49A of this Act;
(g)directions given by the Secretary of State in relation to SEPA’s functions under this Part of this Act;
(h)convictions, for offences under this Part of this Act, of persons who have the benefit of consents under section 34 of this Act;
(j)information obtained or furnished in pursuance of conditions of such consents;
(k)works notices under section 46A of this Act;
(l)appeals under section 46C of this Act;
(m)convictions for offences under section 46D of this Act; and
(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.[F9 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.]
[F10(3)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.]
Textual Amendments
F1Ss. 31, 32 and 34-42 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I and for ss. 31-32 and ss. 34-42 there is substituted (S.) ss. 30A-32 and 34-42 by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168, 189(4)-(10), 190, 193(1), 194(4), Sch. 23 para. 4, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58
F2Words in s. 41(1)(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F3Words in s. 41(1) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(17)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F4Words in s. 41(1)(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(10) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F5Words in s. 41(1)(c) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 29(17)(b)(i), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F6S. 41(1)(d)(ii) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 29(17)(b)(ii), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F7S. 41(1)(e) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 29(17)(b)(iii), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F8S. 41(1)(f)-(n) added (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(17)(c) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F9Words in s. 41(2) added (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(18) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F10S. 41(3) added (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(19) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Modifications etc. (not altering text)
C1S. 41 extended by S.I. 1985/708, reg. 4(1), Sch. 1
C2S. 41 modified by S.I. 1985/813, reg. 3(2)
C3S. 41 extended (2.12.1991) by S.I. 1991/2539, reg. 3, Sch.
S. 41 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(3), Sch. 3 Pt. II para. 16 (with ss. 42, 46)
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