Control of Pollution Act 1974

44 Provisions supplementary to s. 43. E+W

(1) It is hereby declared that a direction may be given in pursuance of subsection (1) of section 60 of the Public Health Act 1961 varying the conditions attached to an actual consent given in pursuance of the preceding section and that the other provisions of Part V of that Act have effect accordingly.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3) Provision may be made by regulations—

(a) for determining by arbitration or otherwise whether any such agreement as is mentioned in subsection (1)(b) of the preceding section relates also to a matter other than the discharge of trade effluent into a sewer of a particular water authority;

(b) for determining as aforesaid what modifications (if any) of such an agreement relating also to such a matter are appropriate in consequence of any prescribed provision of the preceding section;

(c) where the conditions mentioned in paragraph (b) of subsection (2) of the preceding section include a condition as to charges which are in respect of the discharges in question and other matters, for determining as aforesaid the proportion of the charges attributable to the discharges and for limiting accordingly the conditions to which the discharges are, for the purposes of that paragraph, to be treated as subject immediately before the appointed day.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(5) In the preceding section and this section “the appointed day” means such day after the expiration of six months beginning with the date on which this Act is passed as the Secretary of State may by order appoint; and an expression used in any provision of the preceding section or this section and in the said Act of 1937 has the same meaning in that provision as in that Act.

(6) This section does not apply to Scotland.

Textual Amendments

F1 S. 44(2) repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6),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

F2 S. 44(4) repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6),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

Modifications etc. (not altering text)

C1 S. 44 modified by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 74(1), 101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

C2 S. 44 extended by S.I. 1976/959, reg. 3

C3 S. 44(3) amended 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. 8 para. 5(2), Sch. 26 paras. 3(1)(2), 13(2), 17, 40(4), 41(1), 57(6), 58