Control of Pollution (Amendment) Act 1989

7 Further enforcement provisions. E+W+S

(1) Subject to subsection (2) below, the provisions of sections [F1 91 to 94 of the M1 Control of Pollution Act 1974 (powers of entry, power to obtain information and duty not to disclose information)] [F1 [F2 section 71] of the Environmental Protection Act 1990 (powers of entry, of dealing with imminent pollution and to obtain information)] shall have effect as if the provisions of this Act were provisions of that Act and as if, in those sections, references to a [F3 relevant authority] [F3 waste regulation authority] were references to a [F4 disposal authority] [F4 regulation authority].

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A person shall be guilty of an offence under this subsection if he—

(a) fails, without reasonable excuse, to comply with any requirement in pursuance of regulations under this Act to provide information to the Secretary of State or a [F4 disposal authority] [F4 regulation authority]; or

(b) in complying with any such requirement, provides information which he knows to be false [F6 or misleading] in a material particular or recklessly provides information which is false [F6 or misleading] in a material particular;

and in paragraph (a) above the words “without reasonable excuse” shall be construed in their application to Scotland, as in their application to England and Wales, as making it a defence for a person against whom proceedings for the failure are brought to show that there was a reasonable excuse for the failure, rather than as requiring the person bringing the proceedings to show that there was no such excuse.

(4) A person guilty of an offence under subsection (3) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) Where the commission by any person of an offence under this Act is due to the act or default of some other person, that other person shall also be guilty of the offence; and a person may be charged with and convicted of an offence by virtue of this subsection whether or not proceedings for the offence are taken against any other person.

(6) Where a body corporate is guilty of an offence under this Act (including where it is so guilty by virtue of subsection (5) above) in respect of any act or omission which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(7) Where the affairs of a body corporate are managed by its members, subsection (6) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

F5 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 7(1) substituted (31.5.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 31(4)(a), S.I. 1991/1319, art. 2

F2 Words in s. 7(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 37(5) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/186, art. 3

F3 Words in s. 7(1) substituted (E.W.) (31.3.2004 for W., 31.3.2004 for E.) by Anti-social Behaviour Act 2003 (c. 38), ss. 55(2), 93; S.I. 2004/690, art. 3(h); S.I. 2004/999, art. 2(m); S.I. 2004/690, art. 3(h); S.I. 2004/999, art. 2(m)

F4 Words in s. 7(1)(3)(a)(8) substituted (31.5.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 31(2), S.I. 1991/1319, art. 2

F5 S. 7(2)(8) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 37(6)(7), Sch. 24 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/186, art. 3

F6 Words in s. 7(3)(b) inserted (1.4.1996) by 1995 c. 25, s. 112, Sch. 19 para. 3 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/186, art. 3

Commencement Information

I1 S. 7 wholly in force at 14.10.1991 see s. 11(2) and S.I. 1991/1618, art. 3.

Marginal Citations

M1 1974 c. 40.