31(1)The M1Control 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), (6), (7)(a) and (c), (8) and (9) and 7(1), (2), (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
(c)in subsection (8), for the words “97 of the Control of Pollution Act 1974” there shall be substituted the words “72 of the Environmental Protection Act 1990”.
(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
(c)after the definition of “prescribed” there shall be inserted the following definition—
““regulation authority” means a waste regulation authority for the purposes of Part II of the Environmental Protection Act 1990;”
(6)Section 9(2) shall be omitted.
Commencement Information
I1Sch. 15, para. 31 wholly in force at 1.4.1992; Sch. 15, para. 31(4)(b) in force at 1.1.1991 ; Sch. 15, para. 31(1)-(3)(4)(a)(c)(5)(b)(c) in force at 31.5.1991 by S.I. 1991/1319, art. 2; Sch. 15, para. 31(5)(a)(6) in force at 1.4.1992 by S.I. 1991/2829, art. 2.
Marginal Citations