Part IS Central Authority

1 Duty of Secretary of State in relation to prevention of pollution of rivers and other waters.S

(1)It shall be the duty of the Secretary of State to promote the cleanliness of the rivers and other inland waters and the tidal waters of Scotland.

(2)–(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Part IIS River Purification Boards

2—5 F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

6 Financial provisions.S

(1)The expenses of a river purification board, so far as they are not defrayed out of revenues of the board under any enactment other than this section, shall be defrayed by the councils of the [F3regions whose areas] are comprised wholly or partly in the river purification board area in the proportions specified in the [F3order constituting] the board.

In this subsection the expression “expenses” includes the interest on, and provision for the repayment of, borrowed moneys.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

7 F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

8 F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

9 Acquisition and disposal of land; and provision of buildings.S

(1)A river purification board may acquire by agreement any land which they require for any purpose connected with the exercise of their functions:

(2)The Secretary of State may authorise a river purification board to purchase compulsorily any land which they require for such a purpose as aforesaid, and the M1Acquisition of Land (Authorisation Procedure (Scotland) Act 1947, shall apply in relation to any such compulsory purchase as if this Act had been in force immediately before the commencement of that Act.

(3)A river purification board may, with the approval of the Secretary of State, sell or otherwise dispose of any land vested in them which is not required for any purpose connected with the exercise of their functions.

(4)A river purification board shall have power to provide such offices and other buildings as they may require for any purpose connected with the exercise of their functions.

10 Provisions as to officers and servants.S

[F7(1)Subject to the provisions of the order establishing the board under section 135 of the M2Local Government (Scotland) Act 1973 a river purification board shall appoint such officers as they think necessary for the proper discharge by the river purification board of their functions and may pay to such officers such reasonable salaries as the board may determine and shall make appropriate arrangements for the superannuation of such officers as if they were employees of a local authority and any offiers so appointed shall hold office during the pleasure of the board].

(2)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

11 F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

12 Power to appoint agents and to delegate functions.S

(1)Subject to the provisions of their administrative scheme, [F10prepared in pursuance of an order under section 135(5) and (6)(b) of the M3Local Government (Scotland) Act 1973], a river purification board may, on such terms and conditions as they may agree with the councils concerned, appoint the council of any county or burgh whose district is comprised wholly or partly in the river purification board area to act as the agents of the river purification board to carry out any function vested in the board and exercisable within the county or burgh, as the case may be; and, subject to the terms of the appointment, the council so acting as agent may act through a committee or sub-committee thereof.

(2)A river purification board may, on the application of a local water authority who have made byelaws under [F11section 71 of the Water (Scotland) Act 1980], defining any part of the board area as an area within which they deem it necessary to exercise control, delegate to the authority on such terms and conditions as they may agree with the authority the exercise of such of the functions exercisable by the board in relation to any stream or part of a stream within the area so defined as may be so agreed.

(3)If any such local water authority as aforesaid is aggrieved by the refusal of a river purification board to delegate to them any functions under the last foregoing subsection or if any question arises as to the functions to be delegated or the terms and conditions on which functions are to be delegated, they may refer the matter to the Secretary of State for determination, and it shall be the duty of the board to give effect to any such determination.

(4)Nothing in the foregoing provisions of this section shall authorise a river purification board to appoint a county or town council to act as their agents in the exercise of, or to delegate to a local water authority the exercise of, any of the following functions, that is to say—

(a)the making of byelaws;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(c)the granting of consents under [F13sections 34 to 40 of the M4Control of Pollution Act 1974]

13[F14(1)The following provisions of the Local Government (Scotland) Act 1973 that is to say—

(a)section 82 (Promotion of or opposition to private legislation);

(b)section 192 (Service of notices);

(c)section 202 (Procedure etc. for byelaws);

(d)section 204 (Evidence of byelaws);

(e)section 211 (Provision for default);

shall apply in relation to a river purification board as they apply in relation to a local authority, provided that in the application of the said section 202 to a river purification board for subsection (13) there shall be substituted the following subsection—

“(13) The proper officer of a river purification board shall send a copy of any byelaws made by the board to the proper officer of the council of each region and district to the whole or any part of which the byelaws will apply” ].

14 F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

15 F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

16 Reports.S

(1)Every river purification board shall, before such date in every year as the Secretary of State may fix, send to the Secretary of State a report in respect of the preceding year, and shall at the same time send a copy of the report to the council of every county or large burgh whose district is comprised wholly or partly in the river purification board area.

(2)Every report under this section shall be in such form and shall contain particulars with respect to such matters as the Secretary of State may direct.

(3)A river purification board shall cause a copy of every report made by them under this section to be open to public inspection at all reasonable hours without payment and shall on application furnish a copy thereof to any person on payment of such sum . . . F17as the board may determine.

Part IIIS Prevention of Pollution

River Purification AuthoritiesS

17 River purification authorities.S

(1)It shall be the duty of the authorities specified in the next following subsection (in this Act referred to as “river purification authorities”) to promote the cleanliness of the rivers and other inland waters and the tidal waters in their areas, to conserve so far as practicable the water resources of their areas and to exercise for those purposes the functions conferred on them by this Act [F18and by the M5Control of Pollution Act 1974].

(2)The authorities referred to in the foregoing subsection are

[F19river purification boards established under section 135 of the M6Local Government (Scotland) Act 1973 and islands councils].

18 Provision and obtaining of information.S

(1)For the purpose of enabling them to perform the functions conferred on them a river purification authority may make surveys of their area and gauge and keep records of the flow or volume and other characteristics of any stream in their area, and may take steps for the measurement and recording of the rainfall in their area or any part thereof and for the installation and maintenance for these purposes of gauges or other apparatus and works connected therewith, and may take such other steps as may be necessary in order to obtain any information required for the purposes aforesaid.

(2)The Secretary of State may give directions requiring any river purification authority to exercise all or any of the powers conferred on them by the foregoing subsection and to furnish to him such information obtained in pursuance of the directions at such times and in such form as may be specified in the directions, and it shall be the duty of the authority to comply with any directions to given.

(3)Every river purification authority shall give reasonable facilities for the inspection of records kept by them of the rainfall or the flow or volume of any stream in their area and for the taking of copies or extracts from such records, and such facilities shall be available free of charge to all local authorities whose districts are wholly or partly included in the area of the river purification authority and shall be available to other persons on payment of such [F20reasonable fees as may be determined by the river purification authority]

(4), (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

[F22(6)Notwithstanding anything in this Act, any [F23controlled waters within the meaning of section 30A of the Control of Pollution Act 1974]shall be deemed to be included in the expression “stream” for the purposes of the [F23river purification authority’s]powers under this section.]

19 Power to take samples of effluents.S

(1)A river purification authority shall have a right to obtain and take away samples of water from any stream or of any effluent which is passing from any land or vessel into any stream in the area of the authority.

[F24(2)Subject to the next following subsection, the result of any analysis of a sample taken under this section shall not be admissable as evidence in any legal proceedings in respect of any effluent passing from any land or vessel unless the following requirements are complied with, that is to say, the person taking the sample—

(a)forthwith notifies to the occupier of the land or the owner or master of the vessel his intention to have it analysed, and

(b)there and then divides the sample into three parts and causes each part to be placed in a container which is sealed and marked, and

(c)delivers one part to the occupier of the land or the owner or master of the vessel, retains one part for future comparison, and, if he thinks fit to have an analysis made, submits one part to the analyst.

(2A) If it is not reasonably practicable for the person taking the sample forthwith to notify to the occupier of the land or the owner or master of the vessel his intention to have it analysed, the last preceding subsection shall be construed as requiring the matters specified in paragraphs (a) to (c) thereof to be done as soon as is reasonably practicable.

(2B) In relation to any legal proceedings in respect of any effluent passing from a local authority sewer into any water, subsection (2) of this section shall have effect as if the reference to the occupier of the land were a reference to the sewerage authority by whom the sewer is maintained.]

(3)Notwithstanding anything in this Act, any [F25controlled waters within the meaning of section 30A of the Control of Pollution Act 1974] shall be deemed to be included in the expression “stream” for the purposes of the [F26river purification authority’s]powers under this section.

[F27(4)In this section any reference to an analysis shall be construed as including a reference to any test of whatever kind, and ”analysed’ and ”analyst’ shall be construed accordingly, and any reference to land includes a reference to premises.]

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28S

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29S

Provisions for Prevention of PollutionS

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30S

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31S

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32S

[25F33 Byelaws.S

(1)Subject to the provisions of the next following section, a river purification authority may by byelaws make such provision as respects any stream or part of a stream in their area as appears to them expedient—

(a), (b)F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)for prohibiting or regulating the keeping or use on the stream of vessels provided with sanitary appliances from which polluting matter passes or can pass into the stream;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

(4)Any person contravening byelaws made by virtue of paragraph (b), (c) or (d) of subsection (1) of this section shall be liable on summary conviction to a fine not exceeding fifty pounds, and where a contravention of byelaws made by virtue of the said paragraph (c) or (d) is continued after a person has been convicted therefor, that person shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding five pounds for every day on which the contravention is so continued.]

[F3426 Supplementary provisions with regard to byelaws.S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

(2)A river purification authority in exercising the powers conferred by the last foregoing section to make byelaws for any stream or part of a stream shall have regard to the character and flow of the stream and to the extent to which the stream is, or may in the future be, used for industrial purposes, fisheries, water supply, agriculture or navigation.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

(4)The confirming authority in relation to byelaws made under the last foregoing section shall be the Secretary of State.

(5), (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

(7)The Secretary of State may by notice require a river purification authority to make byelaws under the last foregoing section in relation to such matters as he may specify and, if the authority do not within three months after such requirement make in relation to the matters specified byelaws satisfactory to him, the Secretary of State may himself make byelaws with respect to those matters.

(8)If after they have been in operation for a period of not less than three years the Secretary of State considers unsatisfactory any byelaws made by a river purification authority under the last foregoing section, he may after consultation with the river purification authority by notice require the authority to revoke those byelaws and to make such new byelaws under the said section as he considers necessary and, if the authority do not within three months after such requirement comply therewith, the Secretary of State may himself revoke the byelaws and make such new byelaws under the said section as he considers necessary.

[F35(9)Byelaws made by the Secretary of State under subsection (7) or (8) of this section shall have effect as if they had been made by the authority concerned and confirmed by the Secretary of State.]]

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36S

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37S

Part IVS General

29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38S

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39S

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40S

32 Expenses.S

(1)Any expenses incurred by the Secretary of State under this Act shall be defrayed out of moneys provided by Parliament.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42S

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43S

35 Interpretation.S

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

• “contravention” includes failure to comply with, and “contravene” shall be construed accordingly;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

• “functions” includes powers and duties;

• “land” includes land covered by water;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

• “local authority” means a [F46regional, islands or district] council, and includes a development corporation within the meaning of the New Towns [F47(Scotland) Act 1968], where the corporation is by virtue of an order made under [F47section 34(1) of that Act entitled to exercise any powers] in relation to the construction of sewage disposal or sewerage works;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

• “river purification authority” has the meaning assigned to it by section seventeen of this Act;

• “river purification board” and “river purification board area” have the meanings assigned to them by [F46section 135 of the M7Local Government (Scotland) Act 1973];

• [F49“sewage effluent” includes any effluent from the sewage disposal or sewerage works of a local authority;]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

• “stream” includes any river, watercourse or inland water (whether natural or artificial) and any tidal waters to which this Act applies, except that it does not include either—

  (a)

  any body of water which does not discharge into a stream; or

  (b)

  any sewer vested in a local authority,

  but any reference to a stream includes a reference to the channel or bed of a stream which is for the time being dry;

• “tidal waters” means any part of the sea or the tidal part of any river, watercourse or inland water (whether natural or artificial) and includes the waters of any enclosed dock which adjoins tidal waters;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

(3)–(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

36 Short title, transitional provisions, repeal, commencement and extent.S

(1)This Act may be cited as the Rivers (Prevention of Pollution) (Scotland) Act 1951.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

(5)This Act shall extend to Scotland only.

SCHEDULES

F54F54FIRST SCHEDULES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55F55SECOND SCHEDULES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THIRD SCHEDULES

1S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

2S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

3S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

F59F59FOURTH SCHEDULES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .