Search Legislation

Control of Pollution Act 1974

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Control of Pollution Act 1974, Cross Heading: General. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

GeneralE+W+S

104 Orders and regulations.E+W+S

(1)Any power conferred by this Act F1... to make an order or regulations—

(a)includes power to make different provision by the order or regulations for different circumstances and to include in the order or regulations such incidental, supplemental and transitional provisions as the person making the order or regulations considers appropriate in connection with the order or regulations; and

(b)shall be exercisable by statutory instrument except in the case of the powers conferred by section 97 of this Act;

and any statutory instrument made by virtue of this subsection, except an instrument containing only [F2regulations made by virtue of section 18 of this Act or] an order made by virtue of [F3section 33(4), 44(5), 52, 53 or 109(2)] [F3section 44(5) or 109(2)] of this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2)No [F4regulations shall be made by virtue of section 18 of this Act and no] order shall be made by virtue of section 52 [F5or 53] of this Act unless a draft of the [F6regulations or] order has been approved by a resolution of each House of Parliament.

[F7(3)It shall be the duty of the Secretary of State, before he makes any regulations in pursuance of section 31(5) of this Act—

(a)to publish in the London Gazette and in at least one newspaper circulating in the area in question a copy of the proposed regulations and a notice specifying—

(i)A period of not less than twenty-eight days, beginning with the date on which the notice is first published, within which objections to the proposed regulations may be made, and

(ii)the person to whom such objections may be made; and

(b)to consider any objections to the proposed regulations which are made within that period and, if such an objection is so made by a prescribed person and is not withdrawn, to cause a local inquiry to be held in pursuance of section 96 of this Act with respect to the proposed regulations;

and the Secretary of State may, after considering any such objections as are mentioned in paragraph (b) of this subsection and the report of any person appointed to hold a local inquiry with respect to the proposed regulations, make the regulations either in the form in which a copy of them was published in pursuance of this subsection or in that form with such modifications as he considers appropriate.]

105 Interpretation etc—general.E+W

(1)In this Act—

  • [F8the Alkali Act” means the M1Alkali, &c. Works Regulation Act 1906;]

  • county[F9 county borough] and “district”, except in relation to Scotland, have the same meanings as in the M2Local Government Act 1972;

  • mine” and “quarry” have the same meanings as in the M3Mines and Quarries Act 1954;

  • modifications” includes additions, omissions and amendments and “modify” and cognate expressions shall be construed accordingly;

  • notice” means notice in writing;

  • owner”, except in relation to Scotland, means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises were let at a rackrent;

  • premises” includes land;

  • prescribed” means prescribed by regulations;

  • regulations” means regulations made by the Secretary of State;

  • [F10road” (except where the context otherwise requires) has the same meaning as in the [F11Part IV of the New Roads and Street Works Act 1991]:

  • roads authority” has the same meaning as in the Roads (Scotland) Act 1984;][F12SEPA” means the Scottish Environment Protection Agency;]

  • trade effluent” includes any liquid (either with or without particles of matter in suspension in it) which is discharged from premises used for carrying on any trade or industry, other than surface water and domestic sewage, and for the purposes of this definition on any premises wholly or mainly used (whether for profit or not) for agricultural or horticultural purposes or for scientific research or experiment shall be deemed to be premises used for carrying on a trade; and

  • vessel” includes a hovercraft within the meaning of the M4Hovercraft Act 1968.

(2)Except so far as this Act expressly provides otherwise and subject to the provisions of [F13section 18 of the M5Interpretation Act 1978] (which relates to offences under two or more laws), nothing in this Act—

(a)confers a right of action in any civil proceedings (other than the proceedings for the recovery of a fine) in respect of any contravention of this Act or an instrument made in pursuance of this Act;

(b)Affects any restriction imposed by or under any other enactment, whether public, local or private; or

(c)derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.

(3)In so far as any interest in Crown land is not an interest belonging to Her Majesty or a Crown interest or a Duchy interest, this Act shall apply to the land as if it were not Crown land; and expressions used in this subsection and [F14subsection (1) of section 293 of the Town and Country Planning Act 1990] or, in relation to Scotland, [F15subsections (1) to (3) of section 242 of the Town and Country Planning (Scotland) Act 1997] have the same meanings in this subsection as in that subsection.

(4)References in this Act to any enactment are references to it as amended by or under any other enactment.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F9Words in s. 105(1) inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 10(5) (with Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3

F12S. 105(1): definition of “SEPA” inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(35) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F13Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

F15Words in s. 105(3) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2, para. 23(2)

Modifications etc. (not altering text)

C8S. 105(3) amended (E.W.) (25.9.1991) by Atomic Weapons Establishment Act 1991 (c. 46), ss. 3, 6(2), Sch. para. 8(2)

Marginal Citations

105 Interpretation etc—general.S

(1)In this Act—

  • F22...

  • county[F23 county borough] and “district”, except in relation to Scotland, have the same meanings as in the M7Local Government Act 1972;

  • mine” and “quarry” have the same meanings as in the M8Mines and Quarries Act 1954;

  • modifications” includes additions, omissions and amendments and “modify” and cognate expressions shall be construed accordingly;

  • notice” means notice in writing;

  • owner”, except in relation to Scotland, means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises were let at a rackrent;

  • premises” includes land;

  • prescribed” means prescribed by regulations;

  • regulations” means regulations made by the Secretary of State;

  • [F24road” (except where the context otherwise requires) has the same meaning as in the [F25Part IV of the New Roads and Street Works Act 1991]:

  • roads authority” has the same meaning as in the Roads (Scotland) Act 1984;][F26SEPA” means the Scottish Environment Protection Agency;]

  • F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • vessel” includes a hovercraft within the meaning of the M9Hovercraft Act 1968.

(2)Except so far as this Act expressly provides otherwise and subject to the provisions of [F28section 18 of the M10Interpretation Act 1978] (which relates to offences under two or more laws), nothing in this Act—

(a)confers a right of action in any civil proceedings (other than the proceedings for the recovery of a fine) in respect of any contravention of this Act or an instrument made in pursuance of this Act;

(b)Affects any restriction imposed by or under any other enactment, whether public, local or private [F29or by or under any Act of the Scottish Parliament]; or

(c)derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.

[F30(3)Subject to subsections (3A) to (3D) below, this Act shall bind the Crown.

(3A)No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the Court of Session may, on the application of—

(a)the Scottish Environment Protection Agency; or

(b)any other public or local authority charged with enforcing that provision,

declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3B)Notwithstanding anything in subsection (3A) above, any provision made by or under this Act shall apply to persons in the public service of the Crown as it applies to other persons.

(3C)If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises; and in this subsection “Crown premises” means premises held or used by or on behalf of the Crown.

(3D)Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity.]

(4)References in this Act to any enactment are references to it as amended by or under any other enactment.

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F23Words in s. 105(1) inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 10(5) (with Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3

F26S. 105(1): definition of “SEPA” inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(35) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F28Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

F30S. 105(3)(3A)(3B)(3C)(3D) substituted (S.) (8.4.1998) for s. 105(3) by 1995 c. 25, s. 116, Sch. 21 Pt. II para. 4 (with ss. 7(6), 115, 117); S.I. 1998/781, art. 2 (subject to transitional provisions in art. 3)

Modifications etc. (not altering text)

C10S. 105(3C): certain functions made exercisable by the Scottish Ministers concurrently with the Minister (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2 (with art. 7)

Marginal Citations

106 General application to Scotland.E+W+S

(1)The provisions of this section shall, in addition to any express provision for the application to Scotland of any provision of this Act, have effect for the general application of this Act to Scotland.

F16(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(3)In this Act “region”, “district”, “regional council”, “islands council” and “district council” have respectively the same meanings as in the M6Local Government (Scotland) Act 1973.]

[F18(4)Any reference in this Act to a highway shall, unless the contrary intention appears, include a reference to any public right of way.]

(5)Any question which is required by any provision of this Act to be determined by arbitration shall be determined by a single arbiter appointed, in default of agreement between the parties concerned, by the Secretary of State on the application of any of the parties.

(6)For any reference in this Act to a magistrates’ court there shall be substituted a reference to the sheriff.

F19(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)For any reference in this Act to the London Gazette there shall be substituted a reference to the Edinburgh Gazette.

(9)In this Act “owner” means the person for the time being entitled to receive or who would, if the same were let, be entitled to receive, the rents of the premises in connection with which the word is used and includes a trustee, factor, tutor or curator, and, in the case of public or municipal property, includes the persons to whom the management thereof is entrusted.

Textual Amendments

F16S. 106(2) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F17S. 106(3) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

Marginal Citations

107 Application to Isles of Scilly.E+W+S

This Act shall have effect in its application to the Isles of Scilly with such modifications as the Secretary of State may by order specify, and the Secretary of State may by order vary or revoke any order previously made in pursuance of this section.

Modifications etc. (not altering text)

108 Minor and consequential amendments of enactments, and repeals.E+W+S

X1(1)The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments there specified (which are minor amendments and amendments consequential on provisions of this Act).

X1(2)The enactments mentioned in the first and second columns of Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3)The Secretary of State may by order repeal or amend any provision of any local Act passed before this Act (including an Act confirming a provisional order) or of any order or other instrument made under an Act so passed if it appears to him that the provision is inconsistent with, or has become unnecessary or requires alteration in consequence of, any provision of this Act or corresponds to any provision repealed by this Act or relates to trade effluent.

Editorial Information

X1The text of ss. 99, 108(1)(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

109 Short title, commencement and extent.E+W+S

(1)This Act may be cited as the Control of Pollution Act 1974.

(2)This Act shall come into force on such day as the Secretary of State may by order appoint; and—

(a)without prejudice to the generality of section 104(1)(a) of this Act, different days may be appointed in pursuance of this subsection for different provisions of this Act and for such different purposes of the same provision as may be specified in the order;

(b)Any provision appointing a day in pursuance of this subsection may be revoked or varied by an order made by the Secretary of State which comes into force before that day.

(3)This Act, except sections F20... F21... 101 and this section, does not extend to Northern Ireland.

Subordinate Legislation Made

P1Power of appointment conferred by s. 109(2) partly exercised by S.I. 1974/2039, 2169, 1975/230, 2118, 1976/731, 956, 1080, 1977/336, 476, 1587, 2164, 1978/816, 954, 1981/196, 1982/624, 1983/1175, 1984/853, 1985/70, 1988/818

S. 109(2) power partly exercised: 31. 5. 1991 appointed for s. 108(2) and Sch. 4 (so far as it concerns the repeal of ss. 25(1)(c)(4) and 26(2)(4)(7)(8)(9) of the Rivers (Prevention of Pollution) (Scotland) Act 1951) by S.I. 1991/1173

Textual Amendments

F20Words in s.109(3) repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6

F21Words in s. 109(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources