SCHEDULES

FIRST SCHEDULE Enactments, other than Local Enactments, to which s. 9(1) applies

Section 9

Part I England and Wales

1

Section two of the M1Sea Fisheries Regulation Act 1888.

2

Sections eight and fifty-nine of the M2Salmon and Freshwater Fisheries Act 1923.

3

The following provisions of the M3Public Health Act 1936, that is to say, sections twenty-seven, F1thirty-nine,forty-eight, F2seventy-nine, eighty-one, eighty-two . . . F3, . . . F3, and sections one hundred and forty-one, two hundred and fifty-nine and two hundred and sixty-one.

4F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

The M4Public Health (Drainage of Trade Premises) Act 1937.

F56

Section 21 of the M5Water Act 1945.

F67

Sections two, five and seven of the M6Rivers (Prevention of Pollution) Act 1951.

8

Sections ten . . . F7of the M7Clean Air Act 1956.

8AF8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98AA

The Planning (Hazardous Substances) Act 1990

F108B

Sections 43 and 44 of the Control of Pollution Act 1974.

F118C

The Control of Pollution (Special Waste) Regulations 1980.

F128D

Section 59 of the Building Act 1984.

F138E

The following provisions of the Control of Pollution Act 1974, namely, section 31(1) to (3), (7) and (9), and sections 32, 34 to 42, 51, 54 and 55.

F148F

Section 111 of, or paragraph 57(2)(b) of Schedule 26 to, the Water Act 1989.

F158G

Sections 104, 106, 107, 110, 113, 115 and 117 to 120 of the Water Act 1989.

Annotations:
Amendments (Textual)
F15

By the insertion of para. 8G, Sch. 1 to this Act is modified (E.W.) by S.I. 1989/1158, art. 4

F16X19

Part III of the Environmental Protection Act 1990.

F179AA

Sections 72, 111 and 113(6) and Chapter III of Part IV of the Water Industry Act 1991 and paragraphs 2 to 4 of Schedule 8 to that Act so far as they re-enact provisions of sections 43 and 44 of the Control of Pollution Act 1974

F189AB

Sections 82, 84, 85, 86, 87(1), 88(2), 92, 93, 99, 161, 190, 202, 203 and 213 of the Water Resources Act 1991.

F199AC

Section 18 of the Water Act 1945 so far as it continues to have effect by virtue of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 or by virtue of provisions of the Control of Pollution Act 1974 not having been brought into force

Part II Scotland

X29F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F219A

The Control of Pollution (Special Waste) Regulations 1980.

F229B

The following provisions of the Control of Pollution Act 1974, namely, section 31(1) to (3), (7) and (9), and sections 32, 34 to 42, 51, 54 and 55.

10F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

The following provisions of the M8Public Health (Scotland) Act 1897, that is to say, sections sixteen, seventeen, thirty-two, forty-one, forty-two, one hundred and sixteen . . . F26

14

Sections F2770, 71 and 75of the M9Water (Scotland) Act F271980

C115

Sections twenty-two, twenty-five and twenty-eight of the M10Rivers Prevention of Pollution) (Scotland) Act 1951.

16

Sections ten and sixteen of the M11Clean Air Act 1956.

F2817

The Sewerage (Scotland) Act 1968

F2917A

Section 201 of the Local Government (Scotland) Act 1973.

F3017B

Section 124 of the Civic Government (Scotland) Act 1982.

Part III Northern Ireland C2

Annotations:
Modifications etc. (not altering text)

17F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

The following provisions of the M12Public Health (Ireland) Act 1878, that is to say, sections fifty, fifty-one, F35fifty-four,fifty-eight, F36fifty-nine,one hundred and seven, one hundred and twenty-nine . . . F37.

22

F38Section twenty-six of the M13Public Health Acts Amendment Act 1890.

23F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

Sections thirty-five, forty-six, forty-nine and fifty-one of the M14Public Health Acts Amendment Act 1907.

25F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

Any enactment which may be passed by the Parliament of Northern Ireland for purposes similar to those of section ten or section sixteen of the M15Clean Air Act 1956.

F41X327

Sections 26, 47 and 124 of the Fisheries Act (Northern Ireland) 1966

F42X427

The Pollution Control (Special Waste) Regulations (Northern Ireland) 1981.

F43X528

Sections 5, 7 and 8 of the Water Act (Northern Ireland) 1972

F44X628

Articles 37A to 37K and 50AB of the Planning (Northern Ireland) Order 1972.

F4529

Article 34 of the Water and Sewerage Services (Northern Ireland) Order 1973

SECOND SCHEDULE Exercise of Rights of Entry and Inspection

Section 12.

1

A person entering upon any premises in the exercise of any power conferred by this Act shall, if so required, produce written eveidence of his authority before entering thereon.

2

Where it is shown to the satisfaction of a justice of the peace, on sworn information in writing, that admission to premises specified in the information is reasonably required by a person for the purpose of exercising a power conferred by this Act in respect thereof, the justice, subject to the next following paragraph, may by warrant under his hand authorise that person to enter upon the premises.

3

A justice of the peace shall not grant a warrant under the last preceding paragraph in respect of any premises unless he is satisfied—

a

that admission to the premises, for the purpose of exercising the power in question, was sought after not less than seven days’ notice of the intended entry had been given to the occupier; or

b

that admission to the premises for that purpose was sought in a case of emergency and was refused by or on behalf of the occupier; or

c

that the premises are unoccupied; or

d

that an application for admission to the premises would defeat the object of the entry:

Provided that, in relation to premises to which subsection (2) of section twelve of this Act applies, the reference in sub-paragraph (a) of this paragraph to seven days shall be construed as a reference to twenty-four hours.

4

Every warrant granted under this Schedule shall continue in force until the purpose for which the entry is required has been satisfied.

5

Any person who, in the exercise of a power conferred by this Act, enters any premises which are unoccupied, or premises of which the occupier is temporarily absent, shall leave the premises as effectually secured against trespassers as he found them.

6

Before a person carries out any test on any premises, in the exercise of any power conferred by this Act, he shall consult with such persons having duties on the premises as may appear to him appropriate in order to secure that the carrying out of the test does not create any danger.

7

Any power of entry conferred by this Act shall, if exercised under the authority of a warrant granted under this Schedule, or in a case of emergency, but not in any other case, include power to enter, if need be, by force.

8

Any power of entry, or of carrying out tests or inspections, or of obtaining or taking away samples, conferred on any person by this Act may be exercised by him either alone or together with any other persons.

9

In this Schedule any reference to a case of emergency shall be construed in accordance with subsection (9) of section twelve of this Act.

THIRD SCHEDULE Specified elements

Section 18.

Element

Microcuries per gramme

Solid

Liquid

Gas or vapour

1. Actinium

1y10-&sup5;

2y10-&sup6;

7y10-¹¹

2. Lead

2y10-&sup5;

1y10-&sup7;

3y10-&sup9;

3. Polonium

1y10-&sup5;

7y10-&sup7;

6y10-&sup9;

4. Protoactinium

1y10-&sup5;

9y10-&sup7;

3y10-¹¹

5. Radium

1y10-&sup5;

1y10-&sup8;

1y10-&sup9;

6. Radon

1y10-&sup6;

7. Thorium

7y10-&sup5;

1y10-&sup6;

6y10-¹&sup0;

8. Uranium

3y10-&sup4; -

2y10-&sup5;

2y10-&sup9;