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Regulatory Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

PART 4CONTROL OF POLLUTION ACT 1974

16(1)The Control of Pollution Act 1974 is amended as follows.

(2)The following provisions are repealed—

(a)section 30B (classification of quality waters),

(b)section 30C (water quality objectives),

(c)section 30D (general duties to achieve and maintain objectives, etc.),

(d)section 30E (consultation and collaboration),

(e)section 31B (nitrate sensitive areas),

(f)section 31C (registering of agreement),

(g)section 41 (registers),

(h)section 42A (exclusion from registers of information affecting national security),

(i)section 42B (exclusion from registers of certain confidential information),

(j)section 43 (control of discharges into sewers),

(k)section 44 (provisions supplementary to section 43),

(l)section 45 (early variation of conditions of discharges),

(m)section 52 (charges in respect of certain discharges in England and Wales),

(n)section 57 (periodical inspections by local authorities),

(o)sections 63 to 67 (noise abatement zones),

(p)section 69 (execution of works by local authority),

(q)in section 87 (miscellaneous provisions relating to legal proceedings), subsection (3),

(r)section 88 (civil liability for contravention of section 3(3)),

(s)section 90 (establishment charges and interest in respect of certain expenses of authorities),

(t)section 101 (disposal of waste etc. by Atomic Energy Authority),

(u)Schedule 1 (noise abatement zones), and

(v)Schedule 1A (orders designating nitrate sensitive areas: Scotland).

(3)In section 30Y (introductory), in subsection (1) (meaning of “abandonment” in relation to a mine), in paragraph (b)—

(a)the word “or” immediately following sub-paragraph (i) is repealed,

(b)after sub-paragraph (ii) insert or

(iii)any disclaimer by notice signed by the Queen’s and Lord Treasurer’s Remembrancer under section 1013 of the Companies Act 2006 (Crown disclaimer of property vesting as bona vacantia)..

(4)In section 51 (codes of good agricultural practice), in subsection (2), the words from “but” to the end of the subsection are repealed.

(5)In section 55A (regulations under Part 2), the words “and sections 43 to 45” are repealed.

(6)In section 56 (interpretation etc. of Part 2)—

(a)in subsection (1)—

(i)in the definition of “coastal waters”, “controlled waters”, “ground waters”, “inland waters” and “relevant territorial waters”, for the words from the beginning to “meanings” substitute ““controlled waters” has the meaning”,

(ii)the definitions of “effluent”, “micro-organism”, “operations”, “sewage effluent”, “substance” and “trade effluent” are repealed,

(b)subsections (3), (5) and (6) are repealed.

(7)In section 73 (interpretation and other supplementary provisions)—

(a)in subsection (1), the definitions of the following expression are repealed—

(i)“noise abatement order” and “noise abatement zone”,

(ii)“noise level register”,

(iii)“noise reduction notice”, and

(iv)“person responsible”,

(b)in subsection (2), for the words “sections 62 to 67” in both places where they occur, substitute “section 62”.

(8)In section 74 (penalties)—

(a)in subsection (1), in paragraph (a), the words “in the case of a first offence against this Part of this Act,” are repealed,

(b)the words from “; and” immediately following that paragraph to the end of the section are repealed.

(9)In section 104 (orders and regulations)—

(a)in subsection (1), the following words are repealed—

(i)“(except sections 63 and 65(6))”, and

(ii)“regulations made by virtue of section 18 of this Act or”,

(b)in subsection (2), the following words are repealed—

(i)“regulations shall be made by virtue of section 18 of this Act and no”, and

(ii)“regulations or”.

(10)In section 105 (interpretation etc. – general), in subsection (1), the definition of “trade effluent” is repealed.

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