1 Right to discharge trade effluents into public sewers. E+W

(1)Subject to the provisions of this Act . . . F1, and notwithstanding any restriction imposed by paragraph (a) of the proviso to subsection (1) of section thirty-four of the M1Public Health Act 1936 (hereafter in this Act referred to as “the principal Act”), the occupier of any trade premises within the [F2area] of a [F2water authority] may, with the consent of the [F2water authority], discharge into the public sewers of the [F2water authority] any trade effluent proceeding from those premises.

(2)Nothing in paragraphs (a) and (b) of subsection (1) of section twenty-seven of the principal Act (which prohibits the passing of certain matters into public sewers) shall apply in relation to any trade effluent which, by virtue of this Act, may lawfully be discharged into a public sewer; and subsections (2) to (5) of section thirty-four of the principal Act (which regulate the making of connections with public sewers for the purpose of drainage into such sewers) shall apply in relation to the lawful discharge of any trade effluent into public sewers as those subsections apply in relation to any discharge of matters into such sewers which is authorised by subsection (1) of that section.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

2 Special restrictions on discharge of trade effluents. E+W

(1)[F4An application to a sewerage undertaker for a consent to discharge trade effluent from any trade premises into the public sewer of a sewerage undertaker shall be by] a written notice (hereafter in this Act referred to as “a trade effluent notice”) served on the [F5water authority] by the owner or occupier of the premises, stating—

(a)the nature or composition of the trade effluent,

(b)the maximum quantity of the trade effluent which it is proposed to discharge on any one day, and

(c)the highest rate at which it is proposed to discharge the trade effluent; . . . F6

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(3)[F8The power of a sewerage undertaker to give a consent on an application under subsection (1) of this section shall be a power to give a consent] either unconditionally or subject to such conditions as the [F5water authority] think fit to impose with respect to—

(a)the sewer or sewers into which any trade effluent may be discharged in pursuance of the trade effluent notice,

(b)the nature or composition of the trade effuent which may be so discharged,

(c)the maximum quantity of any trade effluent which may be so discharged on any one day, either generally or into a particular sewer,

(d)the highest rate at which any trade effluent may be discharged in pursuance of the trade effluent notice, either generally or into a particular sewer . . . . F9

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(5)If, in the case of any trade premises—

(a)any trade effluent is discharged in contravention of this section, or without such consent . . . F11 as is necessary for the purposes of this Act, or

(b)any . . . F11 condition given or imposed under this section is contravened,

the occupier of the premises shall be guilty of an offence . . . F11.

[F12(5A)A person guilty of an offence under subsection (5) above shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, to a fine.]

3 Appeals to the Minister. E+W

(1)Any person aggrieved . . . F13 by the refusal of a [F14water authority] to give a consent for which application has been duly made to them by means of such a notice, or by the failure of a [F14water authority] to give such a consent within the initial period, or by any condition attached by a [F14water authority] to such a consent, may appeal to [F15the Secretary of State], . . . F16

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

4 Exemption. E+W

(1)-(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(5)Any dispute arising under [F21section 43 of the M2Control of Pollution Act 1974] as to the nature or composition of any trade effluent discharged from any trade premises into a sewer of a local authority during such a period as [F21before the repeal of those subsections by that Act was mentioned] in subsection (1) or subsection (2) of this section, or as to the quantity of trade effluent so discharged on any one day during such a period, or as to the rate at which trade effluent was so discharged during such a period, shall, unless the parties otherwise agree, be referred to [F22the Secretary of State] for determination; and upon any such reference [F22the Secretary of State] may make such order in the matter as he thinks just, and the order shall be final:

. . . F23

5, 6.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24E+W

7 Agreements between local authorities and traders or other local authorities.E+W

(1)Subject to the Provisions of this Act . . . F25, a [F26water authority] may enter into and carry into effect an agreement with the owner or occupier of any trade premises within their [F26area] for the reception and disposal by the [F26water authority] of any trade effluent produced on those premises, and in particular, but without prejudice to the generality of the preceding provision, the agreement may provide for the construction by the [F26water authority] of such works as may be required for the said reception or disposal, and for the repayment by the owner or occupier, as the case may be, of the whole or part of the expenses incurred by the [F26water authority] in carrying out their obligations under the agreement:

. . . F27

(2)A [F26water authority] may enter into and carry into effect an agreement with the owner or occupier of any trade premises within their [F26area], whereby the [F26water authority], upon such terms as may be specified in the agreement, undertake to remove and dispose of substances produced in the course of treating any trade effluent on or in connection with those premises.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

(4)Nothing in this Act . . . F25 shall affect any agreement with respect to any trade effluent duly made between a local authority and the owner or occupier of any trade premises before the commencement of this Act . . . F25

(5)If, on the application of any party to an agreement made before the passing of this Act between sewerage authorities, whereby it is agreed that a sewer of one sewerage authority may communicate with a sewer, or discharge into any sewage disposal works, of another such authority, [F29the Secretary of State] is satisfied that, owing to circumstances arising or likely to arise by reason of the operation of this Act, the agreement ought to be cancelled or varied, he may by order direct that, subject to such conditions (if any) as he may in default of agreement between the parties determine, the agreement shall cease to have effect, or that the agreement shall be varied in such manner as may be specified in the order.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

[F317A Inspection of consents etc.E+W

(1)It shall be the duty of every sewerage undertaker to secure that copies of—

(a)every consent given or having effect as if given by the undertaker under this Act;

(b)every agreement entered into or having effect as if entered into by the undertaker under section 7 of this Act;

(c)every direction given or having effect as if given by the undertaker under Part V of the Public Health Act M31961;

(d)every direction given or having effect as if given by the undertaker in pursuance of section 43(3) of the Control of Pollution Act M41974; and

(e)every notice served on the undertaker under paragraph 3 of Schedule 9 to the Water Act 1989,

are kept available, at all reasonable times, for inspection by the public free of charge at the offices of the undertaker.

(2)It shall be the duty of every sewerage undertaker, on the payment of such sum as may be reasonable, to furnish a person who requests it with a copy of, or of an extract from, anything kept available for inspection under this subsection.

(3)The duties of a sewerage undertaker under this section shall be enforceable under section 20 of the Water Act 1989 by the Director General of Water Services.]

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32E+W

9 Production of plans, and furnishing of information to local authorities.E+W

(1)The owner or occupier of any land on or under which is situate any sewer, drain, pipe, channel or outlet used or intended to be used for discharging any trade effluent into a sewer of a [F33water authority], shall, when requested in writing so to do by the [F33water authority],—

(a)produce to the [F33water authority] all such plans of the sewer, drain, pipe, channel or outlet as the owner or occupier, as the case may be, possesses or is able without expense to obtain, and allow copies of the plans so produced by him to be made by, or under the directions of, the [F33water authority], and

(b)furnish to the [F33water authority] all such information as the owner or occupier, as the case may be, can reasonably be expected to supply with respect to the sewer, drain, pipe, channel or outlet.

(2)The owner or occupier of any trade premises from which any trade effluent was, at any time during the period of one year ending on the third day of March, nineteen hundred and thirty-seven, discharged into a sewer of a local authority, shall, if requested by the [F33water authority] in writing so to do, furnish to the [F33water authority] such information specified in the request as he can reasonably be expected to supply with respect to the nature or composition, and the volume, of the trade effluent discharged as aforesaid from those premises during that period, and with respect to the rate at which it was so discharged.

(3)Every person who fails to comply with this section shall be guilty of an offence and shall, for each such offence, be liable to a fine not exceeding [F34level 3 on the standard scale] . . . F35.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

10 Power to take samples of trade effluents. E+W

(1)Any officer of a [F37water authority], on any occasion on which, for the purposes of this Act, he exercises in relation to any premises the powers conferred on him by section two hundred and eighty-seven of the principal Act (which authorises officers of local authorities to enter premises), may obtain and take away a sample of any trade effluent which is passing [, F38either directly or through a private drain or sewer,] from those premises into a public sewer of the [F37water authority].

(2)The result of any analysis of a sample taken by an officer by virtue of this section shall not be admissible as evidence in any legal proceedings under this Act, unless the following requirements have been complied with, that is to say, the officer shall, forthwith after taking the sample, notify to the occupier of the trade premises the officer’s intention to have it analysed and shall there and then divide the sample into three parts, shall cause each part to be placed in a suitable container which shall be sealed up and marked, and shall—

(a)deliver one part to the occupier of the trade premises,

(b)retain one part for future comparison, and

(c)if he thinks fit to have an analysis made, submit one part to the analyst.

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39E+W

12 Adaptation of local Acts.E+W

(1)[F40The Secretary of State], upon application made to him by any [F41water authority] or by the owner or occupier of trade premises within the [F41area] of that [F41water authority], may by order make such amendments or adaptations of any local Act relating to the [F41water authority] as appear to him to be necessary for the purpose of bringing the provisions of that Act into conformity with the provisions of this Act.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

(3)The following provisions shall have effect in relation to any order under this section:—

(a)[F40the Secretary of State] shall, as soon as may be after the making of the order, cause to be published in the London Gazette and in such other manner as he thinks best adapted for informing persons affected, a notice of the making of the order, specifying the place where copies of the order may be obtained and stating that the order will become final and come into operation unless, within such period not being less than thirty days as may be specified in the said notice, notice of objection to the order is given to [F40the Secretary of State] by some person affected by the order;

(b)if no such notice of objection has been given within the period aforesaid, or if every objection of which notice has been so given has been withdrawn, the order shall come into operation at the end of the said period or on such date thereafter as may be specified in the order, but if such notice of objection has been so given and the objection has not been withdrawn, the order shall have no effect until confirmed by Parliament;

(c)where, by virtue of the preceding provisions of this subsection, the order can have no effect until confirmed by Parliament, the order shall be deemed to be a provisional order for the purposes of [F43paragraphs (c) and (d) of subsection (1) and subsection (6) of section 240 of the M5Local Government Act 1972].

(4)Any power under this section to make an order shall be construed as including a power, exerciseable in the like manner and subject to the like conditions, to vary or revoke the order.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

13 Saving of rights in respect of water.E+W

Nothing in this Act shall affect any right with respect to water in a river, stream or watercourse, or authorise any infringement of such a right.

14 Interpretation.E+W

(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• “district” means, in relation to a local authority, the area over which that authority have jurisdiction;

• “harbour” and “tidal water” have the meanings respectively assigned to those expressions by section seven hundred and forty-two of the M6Merchant Shipping Act 1894;

• . . . F45

• “trade effluent” means any liquid, either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, and, in relation to any trade premises, means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage;

• “trade premises” means any premises used or intended to be used for carrying on any trade or industry.

(2)This Act shall be construed as one with the principal Act, and, without prejudice to the generality of the preceding provision, section ninety of the principal Act (which relates to the interpretation of expressions used in Part II of that Act) shall apply for the purposes of this Act as that section applies for the purposes of Part II of the principal Act.

15†Short title, citation, extent and commencement.E+W

(1)This Act may be cited as the Public Health (Drainage of Trade Premises) Act 1937; and the principal Act and this Act may be cited together as the Public Health Acts 1936 and 1937.

(2)This Act shall not extend to Scotland, Northern Ireland . . . F46

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

F48F48SCHEDULEE+W

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