SCHEDULE 15 Consequential and Minor Amendments of Enactments
F11
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Exclusion of Alkali Works Act for prescribed processes
2
“2A Relation to Environmental Protection Act 1990, Part I.
(1)
The preceding provisions of this Part of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process.
(2)
The “determination date” for a prescribed process is—
(a)
in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;
(b)
in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.
(3)
In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.”.
and, immediately before section 25, as section 24A, a section in the same terms as the section 2A inserted after section 2.
Stray dogs
3
(1)
The following provisions of the M2Dogs Act 1906 shall be amended as follows.
(2)
The amendments made to section 3 by section 39(2) of the M3Local Government Act 1988 and section 128(1)(a) of the M4Civic Government (Scotland) Act 1982 shall cease to have effect.
(3)
In section 4—
(a)
subsection (1) shall be omitted;
(b)
in subsection (2), for the words “so taken to a police station” there shall be substituted the words “
taken to a police station in pursuance of section 150(1) of the Environmental Protection Act 1990
”
;
(c)
in subsection (2)(a), for the words from “his name and address” to “other” there shall be substituted the words “
this fact and shall furnish his name and address and the police officer shall, having complied with the procedure (if any) prescribed under subsection (5) below, allow the finder to remove the dog
”
;
(d)
in subsection (3), for the words from “fails” to “section” there shall be substituted the words “
removes the dog but fails to keep it for at least one month,
”
; and
(e)
“(0)
The Secretary of State may, by regulations made by statutory instrument, prescribe the procedure to be followed under subsection (2)(a) above and any instrument containing regulations under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
Statutory nuisances
4
(1)
The following provisions of the M5Public Health Act 1936 (matters deemed statutory nuisances) shall be amended as follows.
(2)
In section 141, for the words “Part III of this Act” there shall be substituted the words “
Part III of the Environmental Protection Act 1990
”
.
(3)
in section 259(1), for the words “Part III of this Act” there shall be substituted the words “
Part III of the Environmental Protection Act 1990
”
.
(4)
In section 268—
(a)
in subsection (1), for the words “Parts III” there shall be substituted the words “
Part III of the Environmental Protection Act 1990 and Parts
”
;
(b)
in subsection (2), for the words “the said Part III” there shall be substituted the words “
Part III of the Environmental Protection Act 1990
”
; and
(c)
in subsection (3), for the words “Part III of this Act” there shall be substituted the words “
Part III of the Environmental Protection Act 1990
”
.
5
(1)
Section 151 of the M6Mines and Quarries Act 1954 (matters deemed statutory nuisances) shall be amended as follows.
(2)
In subsection (2), for the words “Part III of the Public Health Act 1936” there shall be substituted the words “
Part III of the Environmental Protection Act 1990
”
.
(3)
In subsection (3), for the words “Part III of the Public Health Act 1936” there shall be substituted the words “
Part III of the Environmental Protection Act 1990
”
.
F2(4)
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Exclusion of Clean Air Act 1956 for prescribed processes
F36
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Statutory nuisances
F47
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F58
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9
In section 1(1)(g) of the Hovercraft Act 1986 (power to exclude noise nuisance proceedings), after the word “1974” there shall be inserted the words “
or Part III of the Environmental Protection Act 1990.
”
Goods vehicle operators’ licences: pollution offences
10
(1)
The following provisions of of the M7Transport Act 1968 shall be amended as follows.
F6(2)
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(3)
In section 108(1)
(statutory nuisance proceedings in relation to waterways), for the words “said Act of 1936” there shall be substituted the words “
Environmental Protection Act 1990
”
.
National Park Wardens
11
In section 42 of the M8Countryside Act 1968 (National Park Wardens), in subsection (4)(a), for the words “section 1 of the Litter Act 1983” there shall be substituted the words “
section 87 of the Environmental Protection Act 1990
”
.
Exclusion of Clean Air Act 1968 for prescribed processes
F712
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Sale of electricity: Scotland
13
In section 170A(3) of the M9Local Government (Scotland) Act 1973 (restriction on sale of electricity by local authority) after the word “prescribed,” there shall be inserted the words “
or in cases where it is produced from waste,
”
.
Workplace emissions into the air
14
Section 5 of the M10Health and Safety at Work etc. Act 1974 (general duty in relation to harmful emissions into the air from prescribed premises) shall be amended by the insertion—
(a)
in subsection (1), at the beginning, of the words “Subject to subsection (5) below,”; and
(b)
“(5)
The foregoing provisions of this section shall not apply in relation to any process which is a prescribed process as from the date which is the determination date for that process.
(6)
For the purposes of subsection (5) above, the “determination date” for a prescribed process is—
(a)
in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;
(b)
in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.
(7)
In subsections (5) and (6) above “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.”
Water, noise and atmospheric pollution
15
(1)
The following provisions of the M11Control of Pollution Act 1974 shall be amended as follows.
(2)
In section 30D, after the words “and 1965” there shall be inserted the words “
and of the Environmental Protection Act 1990
”
.
(3)
In section 61(9), at the end, there shall be inserted the words “
(in relation to Scotland) or section 82 of the Environmental Protection Act 1990 (in relation to England and Wales)
”
.
(4)
In section 65(8), at the end, there shall be inserted the words “
(in relation to Scotland) or section 82 of the Environmental Protection Act 1990 (in relation to England and Wales)
”
.
(5)
“; or
(c)
under section 80(4) of the Environmental Protection Act 1990,”.
F8(6)
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F8(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(8)
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F8(9)
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F916
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Exclusion of Part II of Control of Pollution Act 1974 for radioactive substances: Scotland
17
“(6)
Except as provided by regulations made under this subsection, nothing in this Part of this Act applies to radioactive waste within the meaning of the Radioactive Substances Act 1960; but regulations may—
(a)
provide for prescribed provisions of this Part of this Act to have effect with such modifications as the Secretary of State considers appropriate for the purposes of dealing with such radioactive waste;
(b)
make such modifications of the Radioactive Substances Act 1960 and any other Act as the Secretary of State considers appropriate in connection with regulations made under paragraph (a) above.”
Statutory nuisances
F1118
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Refuse Disposal: Scotland
19
(1)
Section 1 of the M13Refuse Disposal (Amenity) Act 1978 (provision by waste disposal authorities of places etc. for disposal of refuse) shall be amended in relation to Scotland as follows.
(2)
In subsection (1) at the end there shall be inserted the words “
and to dispose of refuse so deposited
”
.
(3)
In subsection (6) for the words from “mandamus” to the end of the subsection there shall be substituted the words “
by proceedings under section 45 of the Court of Session Act 1988
”
.
(4)
In subsection (7) the definition of “local authority” and the word “and” which follows it shall be omitted.
Street cleansing: Scotland
20
“(3)
In subsection (2) above “cleansing” means such cleansing as appears to the islands or as the case may be district council to be necessary in the interests of public health or safety or of the amenities of their area but does not include operations for the removal of snow or ice and “relevant land” means any land, in the open air, to which members of the public have access and which is not comprehended in a public road within the meaning of the Roads (Scotland) Act 1984.”.
Byelaws relating to straw or stubble burning
21
Section 43 of the M15Criminal Justice Act 1982 (creation by byelaws of offences relating to burning of straw or stubble) shall cease to have effect.
Functions assignable to London port health authority
22
“(l)
Part I of the Environmental Protection Act 1990;
(m)
Part III of the Environmental Protection Act 1990;”.
Street cleaning, etc: restriction of traffic
F1223
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Statutory nuisance
24
In section 76(1)(b) and (4)(a) of the M18Building Act 1984, for the words “sections 93 to 96 of the Public Health Act 1936” there shall be substituted the words “
section 80 of the Environmental Protection Act 1990
”
.
Registers of deposits etc. at sea: Northern Ireland Assembly control of regulations
25
“(iii)
in section 14(8), for the words from “and any such power” onwards there shall be substituted the words
“ and any such regulations shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954; and ””.
Constitution of authorities for waste disposal
26
In section 10 of the M20Local Government Act 1985 (joint arrangements for waste disposal functions), in subsection (4), for the words “Part I of the Control of Pollution Act 1974” there shall be substituted the words “
Part II of the Environmental Protection Act 1990
”
.
Meaning of household waste: competition
27
In Schedule 1 to the M21Local Government Act 1988 (competition: collection of household waste), paragraph 1 shall be amended as follows—
(a)
in sub-paragraph (1), the words “In the application of this Part to England and Wales,” shall be omitted;
(b)
in sub-paragraph (2)(a), for the words “section 12 of the Control of Pollution Act 1974” there shall be substituted the words “
section 45 of the Environmental Protection Act 1990
”
;
(c)
in sub-paragraph (3), for the words “section 30(4) of the Control of Pollution Act 1974” there shall be substituted the words “
section 75(8) of the Environmental Protection Act 1990
”
; and
(d)
sub-paragraph (4) shall be omitted.
Exclusion of Water Act 1989 controls of exercise of trade effluent functions in case of prescribed processes
F1328
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Exclusion of Part III of Water Act 1989 for discharges from prescribed processes
F1429
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Contents of registers of National Rivers Authority
F1530
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Carriers of controlled waste
31
(1)
The M22Control of Pollution (Amendment) Act 1989 shall be amended as follows.
(2)
In the following provisions, for the words “disposal authority” and “disposal authorities” there shall be substituted the words “
regulation authority
”
and “
regulation authorities
”
respectively, that is to say, in sections 1(4)(a), 2(1), 2(b) and (e), (3)(a) and (e) and (4)(a), (b) and (c), 3(1), (2) and (6), 4(1), (3), (4), (5) and (8)(b) and (c), 5(1) and (4)(a), 6(1), (2), (3), (5), F16. . ., (7)(a) and (c), (8) and (9) and 7(1), F16. . ., (3)(a) and (8).
(3)
In section 6(1) (offences justifying seizure of vehicles), in paragraph (a)(i)—
(a)
after “1974” there shall be inserted the words “
or section 33 of the Environmental Protection Act 1990
”
; and
(b)
after the word “unlicensed” there shall be inserted the words “
deposit, treatment or
”
.
(4)
In section 7 (enforcement)—
(a)
in subsection (1), for the words from “91” to “information)” there shall be substituted the words “
68(3), (4) and (5), 69, 70 and 71 of the Environmental Protection Act 1990 (powers of entry, of dealing with imminent pollution and to obtain information)
”
;
(b)
in subsection (2), paragraph (b) shall be omitted; and
F17(c)
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(5)
In section 9(1)—
(a)
in the definition of “controlled waste”—
(i)
for the words “, subject to subsection (2) below,” there shall be substituted the words “
, at any time,
”
; and
(ii)
for the words “in Part I of the Control of Pollution Act 1974” there shall be substituted the words “
for the purposes of Part II of the Environmental Protection Act 1990
”
,
(b)
the definition of “disposal authority” shall be omitted; and
F17(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
Section 9(2) shall be omitted.