Control of Pollution Act 1974

SCHEDULES

Section 63(4).

SCHEDULE 1 Noise abatement zones

1 A local authority shall after making any noise abatement order—

(a) serve on every owner, lessee and occupier (other than tenants for a month or any period less than a month) of any of the premises within the area to which the order relates; and

(b) publish in the London Gazette and once at least in each of two successive weeks in some newspaper circulating in the area to which the order relates,

a notice complying with the requirements set out in the following paragraph.

2 The requirements referred to in the preceding paragraph are that the notice shall—

(a) state that the order has been made, and its general effect;

(b) specify a place in the area of the local authority where a copy of the order and of any map or plan referred to therein may be inspected by any person free of charge at all reasonable times during a period of not less than six weeks from the date of the notice ; and

(c) state that within the said period any person who will be affected by the order may by notice to the Secretary of State object to the confirmation of the order.

3 (1) If no objection is duly made to the Secretary of State within the said period, or if every objection so made is withdrawn, the Secretary of State may, if he thinks fit, confirm the order with or without modifications.

(2) In any other case he shall, subject to the following provisions of this paragraph, before confirming the order—

(a) cause a local inquiry to be held in pursuance of section 96 of this Act; or

(b) afford to any person by whom an objection has been duly made as aforesaid and not withdrawn an opportunity of appearing before and being heard by a person appointed by him for the purpose ;

and, after considering the objection and the report of the person who held the inquiry or the person appointed as aforesaid, he may confirm the order with or without modifications.

(3) The Secretary of State may confirm the order (with or without modifications) without complying with the preceding sub-paragraph if he is satisfied that compliance is unnecessary having regard to—

(a) the nature of the premises to which the order will relate when it comes into force ; or

(b) the nature of the interests of the persons who have made objections which have not been withdrawn.

(4) Where the order varies or revokes a previous order, the Secretary of State may, in acting under sub-paragraph (2) above, disregard any objection to the order which in his opinion amounts in substance to an objection which was made to the previous order.

4 An order when confirmed shall come into operation on such date as may be specified in the order which, except in the case of an order revoking an existing order or varying an existing order by excluding from it any specified class of premises, shall not be a date earlier than one month from the date of confirmation:

Provided that if, before the date on which the order is to come into operation, the local authority—

(a) passes a resolution postponing the coming into operation of the order ; and

(b) publishes a notice stating the effect of the resolution in the London Gazette and once at least in each of two successive weeks in a newspaper circulating in the area to which the order relates,

the order shall, unless there is a further postponement under paragraph (a) of this proviso, come into operation on the date specified in the resolution.

5 A local authority shall not exercise its powers under the proviso to the preceding paragraph to postpone the coming into operation of a noise abatement order for a period of, or for periods amounting in all to, more than twelve months without the consent of the Secretary of State.

Section 99.

SCHEDULE 2 Alteration of penalties

[1897 c. 38.] The Public Health (Scotland) Act 1897

1 In section 22 of the Public Health (Scotland) Act 1897 (under which a fine not exceeding £20 may be imposed for a nuisance arising from wilful fault or culpable negligence) for the word " £20 " there shall be substituted the word " £100 ".

2 In section 24 of that Act (which penalises failure to comply with decree and knowing infringement of interdict relating to nuisances under section 16, including nuisances under subsections (6) and (8) of that section arising from the conduct of factories and businesses)—

(a) for the words " £2" and " £5 " there shall be substituted the words " £10 " and ' £20 " respectively ;

(b) for the words from " £20 " to " two hundred pounds " there shall be substituted the words " £400 and to a further fine not exceeding £50 for every day on which the offence continues after conviction therefor ".

3 In section 36(1) of that Act (which provides for a penalty not exceeding £50 for nuisance arising from offensive trade), for the words " fifty pounds " there shall be substituted the word " £200 ".

[1906 c. 14.] The Alkali, &c. Works Regulation Act 1906

4 In section 12(4) of the Alkali Act (under which obstruction of an inspector is punishable on summary conviction by a fine not exceeding £10) for the words " ten pounds " there shall be substituted the word " £100 ".

5 In section. 16A of that Act (which provides for certain offences under other provisions of that Act to be punishable on summary conviction by a fine not exceeding £100 or £20 a day in the case of certain continuing offences) for the words " one hundred pounds " in both places where they occur there shall be substituted the word " £400 " and for the words " twenty pounds " there shall be substituted the word " £50 ".

[1936 c. 49.] The Public Health Act 1936

6 In section 19(3) of the Public Health Act 1936 (under which a person is liable on summary conviction to a fine not exceeding £50 if he constructs a drain or sewer in a manner other than that in which he is required to construct it by a local authority in pursuance of that section) for the words "fifty pounds" there shall be substituted the word " £200 ".

7 In section 27 of that Act (which provides that certain matters are not to be passed into public sewers), in subsection (2) (under which a contravention of that section is punishable on summary conviction by a fine not exceeding £10 and a further £5 for each day on which the offence continues after conviction) for the words from " to a fine " onwards there shall be substituted the words—

“(a) on summary conviction, to a fine not exceeding £400 and to a further fine not exceeding £50 for each day on which the offence continues after conviction therefor ;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both”.

8 In section 34(5) of that Act (under which a person who causes a drain or sewer to connect with a public sewer in contravention of that section is liable on summary conviction to a fine not exceeding £20) for the words " twenty pounds " there shall be substituted the word " £200 ".

9 In section 36(1) of that Act (under which a person who causes a drain or sewer to communicate with a public sewer after the local authority have given notice that they intend themselves to make the connection is liable on summary conviction to a fine not exceeding £50) for the words " fifty pounds " there shall be substituted the word " £200 ".

10 In section 41(3) of that Act (under which a person is liable on summary conviction to a fine not exceeding £5 if he does certain work in connection with an underground drain, which communicates with a sewer without giving 24 hours notice to the relevant local authority of his intention to do so or if he does not permit an authorised officer of the local authority free access to the work) for the words " five pounds" there shall be substituted the word " £100 ".

11 In section 94(2) of that Act (under which a person who fails to abate a nuisance or to take adequate steps to prevent a recurrence of a nuisance is liable on summary conviction to a fine not exceeding £20) for the word "£20" there shall be substituted the word " £200 ".

12 In section 95(1) of that Act (under which a person who contravenes or fails to comply with a nuisance order is liable on summary conviction to a fine not exceeding £50 and a further £5 for each day on which the offence continues after conviction) for the words " £50 " and " £5 " there shall be substituted the words " £400 " and " £50 " respectively.

[1937 c. 40.] The Public Health (Drainage of Trade Premises) Act 1937

13 In section 2 of the Public Health (Drainage of Trade Premises) Act 1937 (under which restrictions are imposed on the discharge of trade effluent), in subsection (5) (under which an occupier of premises is guilty of an offence if trade effluent is discharged in contravention of the section or without any consent necessary for the purposes of the Act or if any direction or condition given or imposed under that section is contravened) after the words "guilty of an offence " there shall be inserted the words " and liable on summary conviction to a fine not exceeding £200 and to a further fine not exceeding £50 for every day on which the offence continues after conviction therefor. "

14 In section 9 of that Act (under which a person who fails to give specified information to a water authority is liable on summary conviction to a fine not exceeding £5 and a further £2 for each day on which the offence continues after conviction) for the words " five pounds" and " forty shillings" there shall be substituted the words " £50 " and " £5 " respectively.

[1945 c. 42 (8 & 9 Geo. 6).] The Water Act 1945

15 In section 19(3) of the Water Act 1945 (under which byelaws made under section 17 of that Act or section 22(6) of the Countryside Act 1968 may contain provision making any person who contravenes the byelaws liable to a fine not exceeding £20 and a further £5 for each day during which the offence continues after conviction) for the words " twenty pounds" and " five pounds " there shall be substituted the words " £400 " and " £50 " respectively.

16 In section 21 of that Act (under which a person is guilty of an offence if he is guilty of any act or neglect whereby any spring, well, borehole or adit the water from which is used or likely to be used for human consumption or domestic purposes or for manufacturing food or drink for human consumption is polluted or likely to be polluted) after subsection (2) there shall be inserted the following subsection—

“(3) Any person guilty of an offence by virtue of this section shall be liable in respect of each offence—

(a) on summary conviction, to a fine not exceeding £400 and in the case of a continuing offence to a further fine not exceeding £50 for every day during which the offence is continued after conviction ;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both a fine and such imprisonment.”

[1946 c. 42.] The Water (Scotland) Act 1946

17 In section 62(3) of the Water (Scotland) Act 1946 (under which byelaws made under sections 60 and 61 of that Act, section 30 of the Water (Scotland) Act 1967 or section 63(7) of the Countryside (Scotland) Act 1967 may contain provisions making any person who contravenes the byelaws liable to a fine not exceeding £20 and a further fine of £5 for every day during which the offence continues after conviction) for the words "twenty pounds" and "five pounds " there shall be substituted the words " £400 " and " £50 " respectively.

18 In section 64 of that Act (under which a person is guilty of an offence if he is guilty of any act or neglect whereby any spring, well or adit the water from which is used or likely to be used for human consumption or domestic purposes or for manufacturing food or drink for human consumption is polluted or likely to be polluted)—

(a) for the word "Act" there shall be substituted the word " section "; and

(b) there shall be added at the end the following subsection—

“(2) Any person guilty of an offence by virtue of this section shall be liable in respect of each offence—

(a) on summary conviction, to a fine not exceeding £400 and in the case of a continuing offence to a further fine not exceeding £50 for every day during which the offence is continued after conviction ;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both a fine and such imprisonment.”

[1956 c. 52.] The Clean Air Act 1956

19 (1) In subsection (1) of section 27 of the Clean Air Act 1956 (under which a person is on summary conviction liable in respect of an emission of dark smoke from a building to a fine not exceeding £20 in the case of an emission from a private dwelling and not exceeding £100 in the case of other emissions) for the word " £20 " there shall be substituted the word " £100 " and for the words " one hundred pounds " there shall be substituted the words " £400 or, in the case of an offence under that section as applied to vessels by section 20 of this Act, £1,000 ".

(2) In subsection (2) of that section (under which a person who fails to notify the local authority of the installation of a furnace or who occupies a building in a smoke control area from which smoke is emitted is liable on summary conviction to a fine not exceeding £20) for the word " £20 " there shall be substituted the word " £100 ".

(3) In subsection (3) of that section (under which a person who unlawfully discloses information furnished or obtained under that Act is liable on summary conviction to a fine not exceeding £100 and to imprisonment for a term not exceeding three months) for the words from " one hundred pounds " onwards there shall be substituted the word " £400 ".

(4) In subsection (4) of that section (under which a person who is guilty of any other offence under that Act is liable on summary conviction to a fine not exceeding £100) for the words " one hundred pounds " in both places where they occur there shall be substituted the word " £400 " and for the words " twenty pounds " there shall be substituted the word " £50 ".

[1960 c. 34.] The Radioactive Substances Act 1960

20 (1) In subsection (2) of section 13 of the Radioactive Substances Act 1960 (which provides among other things that a person who keeps radioactive material or mobile radioactive apparatus or who disposes of or accumulates radioactive waste contrary to the provisions of the Act shall be liable on summary conviction to a fine not exceeding £100 and to imprisonment for a term not exceeding three months) for the words " one hundred pounds " there shall be substituted the word " £400 ".

(2) In subsection (4) of that section (under which a person who unlawfully discloses information furnished or obtained under that Act is liable on summary conviction to a fine not exceeding £50 and to imprisonment for a term not exceeding three months) for the words " fifty pounds " there shall be substituted the word " £400 ".

(3) In subsection (5) of that section (under which a person who fails to exhibit a certificate of registration or an authorisation or who obstructs an inspector or fails to provide information is liable on summary conviction to a fine not exceeding £50 and to imprisonment for a term not exceeding three months) for the words from " fifty pounds" onwards there shall be substituted the words " £100 and on conviction on indictment to a fine ".

(4) In subsection (6) of that section (under which a person who pulls down or defaces a certificate or authorisation is liable on summary conviction to a fine not exceeding £10) for the words " ten pounds " there shall be substituted the word " £20 ".

[1968 c. 47.] The Sewerage (Scotland) Act 1968

21 In section 12(8) of the Sewerage (Scotland) Act 1968 (under which a person is liable on summary conviction to a fine not exceeding £25 if he connects a drain or sewer otherwise than in accordance with that section) for the word " £25 " there shall be substituted the word " £200 "

22 In section 14(6) of that Act (under which a person is liable on summary conviction to a fine not exceeding £25 if he constructs a drain, sewer or sewage treatment works otherwise than in accordance with a direction under that section by a local authority) for the word " £25 " there shall be substituted the word " £200 ".

23 In section 24(2) of that Act (under which an occupier of trade premises who discharges trade effluent into sewers etc. without the consent of, or contrary to a direction given by or condition imposed by, the local authority is liable on summary conviction to a fine not exceeding £50 and a further fine not exceeding £20 for each day on which the offence continues after conviction) for the words " £50 " and " £20 " there shall be substituted the words " £200 " and " £50 " respectively.

24 In section 45(2) of that Act (under which a person who fails to give specified information to a local authority is liable on summary conviction to a fine not exceeding £20) for the word " £20 " there shall be substituted the word " £50 ".

25 In section 46 of that Act (which provides that certain matters are not to be passed into public sewers), in subsection (2) (under which a contravention of that section is punishable on summary conviction by a fine not exceeding £20 and a further fine not exceeding £10 for each day on which the offence continues after conviction)—

(a) for the words "" £20 " and " £10 " there shall be substituted the words " £400 " and " £50 " respectively ; and

(b) there shall be added at the end the words " and on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both a fine and such imprisonment ".

[1968 c. 62.] The Clean Air Act 1968

26 In the following provisions of the Clean Air Act 1968 (which provide that a person who commits an offence mentioned in any of those provisions is liable on summary conviction to a fine not exceeding £100), namely—

(a) section 1(1) (which prohibits the emission of dark smoke from any industrial or trade premises);

(b) section 2(2) (which penalises the emission of grit or dust, from a chimney serving a furnace to which the section applies, at a rate exceeding a prescribed limit);

(c) section 2(4) (which penalises a failure to use any practicable means of minimising the emission of grit or dust from a chimney for which no limit is prescribed);

(d) section 3(3) (which penalises the use of certain furnaces which are not fitted with appropriate plant for arresting grit and dust);

(e) section 4(7) (which penalises the use for certain purposes of furnaces which are exempt from the operation of section 3(1) of that Act); and

(f) section 6(1) and (2) (which penalise the use of certain furnaces unless they are served by chimneys of approved heights and any conditions of the approvals are complied with),

for the word " £100 " there shall be substituted the word " £400 "

27 In section 9(1) of that Act (under which a person who acquires or sells by retail any unauthorised solid fuel for use in a smoke control area is liable on summary conviction to a fine not exceeding £20) for the word " £20 " there shall be substituted the word " £100 ".

Section 108.

SCHEDULE 3 Minor and consequential amendments of enactments

[1906 c. 14.] The Alkali, &c. Works Regulation Act 1906

1 Sections 3, 4 and 5 of the Alkali Act (alkali waste), section 14 (appointment of additional inspectors) and section 15 (power of owners of works to make special rules) shall cease to have effect.

2 Section 8 of that Act (which is superseded by paragraph 4 of this Schedule) shall cease to have effect.

3 (1) In section 27 of that Act as amended by the [S.I. 1966/1143.] Alkali, &c. Works Order 1966, in the definition of " noxious or offensive gas " the words " except that arising solely from the combustion of coal ", in both places where they occur, shall be omitted and for the words " Sulphurous anhydride " there shall be substituted the words " Sulphur dioxide ".

(2) The amendments made by the preceding sub-paragraph may be varied or revoked as if they were contained in the said Order of 1966.

4 (1) At the end of Schedule 1 to that Act, as amended by the Alkali, &c. Works Order 1966 and the [S.I. 1971/960.] Alkali, &c. Works Order 1971 and in Scotland by the [S.I. 1972/1330.] Alkali, &c, Works (Scotland) Order 1972, there shall be added the following paragraph—

“(61) Smelting works, that is to say works in which sulphide ores are calcinated or smelted.”

(2) The said paragraph (61) may be varied or revoked as if it were contained in the said Orders of 1971 and 1972.

[1923 c. 16.] The Salmon and Freshwater Fisheries Act 1923

5 In section 9(5) of the Salmon and Freshwater Fisheries Act 1923 (which provides that certain activities authorised by that section shall not constitute an offence under provisions which include section 2(1)(a) of the Rivers (Prevention of Pollution) Act 1951) for the words " section 2(1)(a) of the Rivers (Prevention of Pollution) Act 1951" there shall be substituted the words " and section 31(1)(a) of the Control of Pollution Act 1974 ".

[1936 c. 49.] The Public Health Act 1936

6 In section 3(1)(b) of the Public Health Act 1936 (under which an order constituting a port health authority may, among other things, assign to the authority any functions conferred on a local authority by that Act) after the words " this Act" there shall be inserted the words " or the Control of Pollution Act 1974 ".

7 Sections 79 and 80 of that Act (which relate to the removal of noxious matter, manure and refuse from premises) shall cease to have effect.

[1937 c. 40.] The Public Health (Drainage of Trade Premises) Act 1937

8 Sections 2(4) and 3(2) of the Public Health (Drainage of Trade Premises) Act 1937 and the proviso in section 7(1) of feat Act (which relate to the protection of interested bodies within the meaning of that Act) shall cease to have effect.

9 In section 4(5) of that Act (under which disputes arising under that Act as to the discharges of trade effluent which were made during such a period as is mentioned in subsections (1) or (2) of that section are to be determined by the Secretary of State) for the words " this Act" there shall be substituted the words " section 43 of the Control of Pollution Act 1974 " and for the words " is mentioned " there shall be substituted the words " before the repeal of those subsections by that Act was mentioned ".

10 In section 10(1) of that Act (which authorises the taking of samples of trade effluent which is passing from premises into a public sewer) after the word " passing " there shall be inserted the words " , either directly or through a private drain or sewer, ".

[1951 c. 26.] The Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951

11 In section 9 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (which provides that acts done for scientific and certain other purposes shall not constitute an offence under Part I of that Act) after the words " this Part of this Act" there shall be inserted the words " or of section 31(1)(a) of the Control of Pollution Act 1974 ".

[1951 c. 66.] The Rivers (Prevention of Pollution) (Scotland) Act 1951

12 In section 12(4) of the Rivers (Prevention of Pollution) (Scotland) Act 1951 (which restricts in certain respects the power of a river purification board to appoint agents and delegate functions), in paragraph (c) for the words " section twenty-eight thereof " there shall be substituted the words " sections 34 to 40 of the Control of Pollution Act 1974 ".

13 In section 17(1) of that Act (which sets out the general duties of river purification authorities), at the end there shall be inserted the words " and by the Control of Pollution Act 1974 ".

14 In section 18 of that Act (which relates to the provision and obtaining of information by river purification authorities), at the end there shall be inserted the following subsection—

“(6) Notwithstanding anything in this Act, any tidal waters adjoining the shore of the area of a river purification authority and any underground waters within the area of such an authority shall be deemed to be included in the expression " stream " for the purposes of the authority's powers under this section.”

15 In section 19 of that Act (which empowers river purification authorities to take samples of effluents), in subsection (3), after the word " authority" there shall be inserted the words " and any underground waters within the area of such an authority ".

[1956 c. 52.] The Clean Air Act 1956

16 (1) In subsection (1) of section 30 of the Clean Air Act 1956 (early notification to be confirmed in writing within 48 hours of beaming aware of the offence) for the words "within forty-eight hours after " there shall be substituted the words " before the end of the four days next following the day on which ".

(2) In subsection (2) of that section (presumption in favour of defendant if notification not given within two days after the day of the offence) for the words " two days " there shall be substituted the words " four days ".

(3) This paragraph shall not apply where the offence was committed before the coming into force of this paragraph.

[1961 c. 50.] The Rivers (Prevention of Pollution) Act 1961

17 In section 10(1) of the Rivers (Prevention of Pollution) Act 1961 (which among other things relates to inspection chambers provided in compliance with conditions imposed under that Act) and in section 12(1)(ii) of that Act (which authorises the disclosure in connection with the execution of that Act of information of which the disclosure is restricted by that section) the reference to that Act shall include a reference to this Act.

[1961 c. 64.] The Public Health Act 1961

18 At the end of section 34(5) of the Public Health Act 1961 (which among other things provides that " rubbish " in that section does not include material accumulated in the course of business) there shall be inserted the words " or waste deposited in accordance with a disposal licence in force under Part I of the Control of Pollution Act 1974 ".

[1963 c. 33.] The London Government Act 1963

19 In section 41(1)(b) of the London Government Act 1963 (which enables the functions, rights and liabilities of a local authority under any of the provisions there mentioned to be assigned to the port health authority for the Port of London) after the words " section 87 of this Act" there shall be inserted the words " and under any provision of the Control of Pollution Act 1974 ".

[1963 c. 38.] The Water Resources Act 1963

20 In section 77(2) of the Water Resources Act 1963 (which refers to sewage effluent within the meaning of the Rivers (Prevention of Pollution) Act 1951) for the words " the Rivers (Prevention of Pollution) Act 1951 " there shall be substituted the words " Part II of the Control of Pollution Act 1974 ".

21 In section 113(1) of that Act (which authorises water authorities to take samples of certain effluents) for the words "Clean Rivers (Estuaries and Tidal Waters) Act 1960" in paragraph (c) there shall be substituted the words " Part II of the Control of Pollution Act 1974 ".

[1964 c. 56.] The Housing Act 1964

22 In section 95 of the Housing Act 1964, after subsection (2) (power of local authority to resolve to exclude heating appliances from eligibility for grant) there shall be inserted the following subsection—

“(2A) The Secretary of State may, when confirming the order to which a resolution under subsection (2) above relates, direct that the resolution shall have effect subject to such modifications as may be specified in the direction, or may direct that the resolution shall not have effect.”

[1964 c. 90.] The Spray Irrigation (Scotland) Act 1964

23 In section 9(2) of the Spray Irrigation (Scotland) Act 1964 (which among other things attracts for the purposes of that Act certain powers of entry contained in the [1951 c. 66.] Rivers (Prevention of Pollution) (Scotland) Act 1951), for the words " 20(1)(b) of the said Act of 1951 to an authorisation granted under" there shall be substituted the words " 91(1)(a)(iii) of the Control of Pollution Act 1974 to any provision of ".

[1965 c. 13.] The Rivers (Prevention of Pollution) (Scotland) Act 1965

24 In section 10(1) of the Rivers (Prevention of Pollution) (Scotland) Act 1965 (which contains provisions with respect to samples of effluent taken at an inspection chamber provided in compliance with a condition imposed under that Act of section 28 of the Rivers (Prevention of Pollution) (Scotland) Act 1951) for the words "this Act or section 28 of the principal Act" there shall be substituted the words " sections 34 to 40 of the Control of Pollution Act 1974 ".

[1967 c. 69.] The Civic Amenities Act 1967

25 (1) In section 18(1) of the Civic Amenities Act 1967 (which requires local authorities to provide places where certain refuse can be deposited at' all reasonable times free of charge by persons resident in the authorities' areas and on payment by other persons) after the word " times " there shall be inserted the words " (including at least one period of time on the Saturday or the following day of each week except a week in which the Saturday is 25th December or 1st January) ",

and for the words from " persons resident " onwards there shall be substituted the words " any person ".

(2) In section 23 of that Act, for subsection (3) (by which section 76 of the [1936 c. 49.] Public Health Act 1936, which is repealed by this Act, is applied for the purposes of that section) there shall be substituted the following subsection—

“(3) A local authority may—

(a) provide places for the deposit of any thing removed by them under subsection (1) of this section ;

(b) provide plant and apparatus for the treatment or disposal of any thing deposited at such a place ; and

(c) sell or otherwise dispose of any such thing.”

[1968 c. 59.] The Hovercraft Act 1968

26 In section 1(1)(g) of the Hovercraft Act 1968 for the words " no proceedings in pursuance of the Noise Abatement Act 1960 " there shall be substituted the words " no proceedings in pursuance of Part III of the Control of Pollution Act 1974 ".

[1973 c. 37.] The Water Act 1973

27 For the purposes of section 14 of the Water Act 1973 (under which, among other things, functions of local authorities with respect to sewerage and sewage disposal, including certain functions under Part XII of the [1936 c. 49.] Public Health Act 1936, were transferred to water authorities), section 306 of the said Act of 1936 (which related to the compulsory purchase of land and was contained in the said Part XII) shall have effect from 31st March 1974 as if that section had not been repealed by the [1972 c. 70.] Local Government Act 1972.

28 In subsection (12) of section 24 of that Act (which relates to reports of surveys prepared by water authorities under that section) after paragraph (a) there shall be inserted the following paragraph—

“(aa) shall secure that a copy of each such report and of all such amendments is available at the principal office of the authority for inspection by the public free of charge at all reasonable hours.”

29 In section 36(3) of that Act (which among other things provides that Part II of Schedule 7 to that Act shall have effect with respect to the making of byelaws by water authorities under any enactment) the last reference to any enactment shall be construed as including a reference to any enactment passed after that Act.

30 In paragraph 17(2) of Schedule 7 to that Act (which relates to the confirmation of byelaws made by a water authority under section 5 of the Rivers (Prevention of Pollution) Act 1951) for the words " section 5 of the [1951 c. 64.] Rivers (Prevention of Pollution) Act 1951 " there shall be substituted the words " section 31(6) or 33(1) of the Control of Pollution Act 1974 " and after the words "a stream" there shall be inserted the words " or the controlled waters (within the meaning of Part II of that Act) ".

[1973 c. 65.] The Local Government (Scotland) Act 1973

31 In paragraph 1 of Schedule 28 to the Local Government (Scotland) Act 1973, for the words from "Sections 104" to "Section 116" there shall be substituted the words—

• “Sections 104 to 106

• Section 110”.

Section 108.

SCHEDULE 4 Repeals

Chapter	Short Title	Extent of Repeal
25 & 26 Vict. c. 97.	The Salmon Fisheries (Scotland) Act 1862.	Section 13.
38 & 39 Vict. c. 55.	The Public Health Act 1875.	Section 148, but not so as to affect any agreement in force under that section.
55 & 56 Vict. c. 55.	The Burgh Police (Scotland) Act 1892.	In Sections 107 to 109.
		In section 110, the words from " and may place " to " or nuisance."
		Sections 111 to 114.
		Section 116.
58 & 59 Vict. c. 42.	The Sea Fisheries Regulation (Scotland) Act 1895.	Section 8(1)(f).
60 & 61 Vict. c. 38.	The Public Health (Scotland) Act 1897.	In section 39, the first paragraph.
3 Edw. 7. c. 33.	The Burgh Police (Scotland) Act 1903.	Section 23.
		In section 24, the words "the immediately preceding section or under".
6 Edw. 7. c. 14.	The Alkali, &c. Works Regulation Act 1906.	Sections 3, 4, 5 and 8.
		In section 9(1) the words " a cement work, or a smelting work ".
		In section 11(b) the words " or with the treatment of alkali waste ".tely preceding section or under".
		Section 12(1)(d).
		Sections 14. 15 and 17.
		In section 18, in subsection (1) the words " other than an offence against a special rule " and subsection (4).
		Section 19.
		In section 20 the words " other than an offence against a special rule ".
		In section 22(1) the words from "or that any alkali waste is deposited " to " contravention of this Act".
		In section 28, in paragraph (b) the words " offences against special rules and " and paragraph (c).
13 & 14 Geo. 5. c. 16.	The Salmon and Freshwater Fisheries Act 1923.	In section 9(5) the words from "and section 22(1)(a)" onwards.
24 & 25 Geo. 5. c. 40.	The Administration of Justice (Appeals) Act 1934.	In the Schedule the entry amending section 17(5) of the Alkali Act.
26 Geo. 5 & 1 Edw. 8. c. 49.	The Public Health Act 1936.	Sections 72 to 77, 79, 80 and 259(2).
1 Edw. 8 and 1 Geo. 6. c. 5.	The Trunk Roads Act 1936.	Section 6(6).
1 Edw. 8 and 1 Geo. 6. c. 40.	The Public Health (Drainage of Trade Premises) Act 1937.	Section 2(4), 3(2) and 4(1) to (3).
		In section 7(1), the proviso.
		Section 11.
		In section 14(1) the definition of " interested body ".
8 & 9 Geo. 6. c. 42.	The Water Act 1945.	Section 18.
14 & 15 Geo. 6. c. 64.	The Rivers (Prevention of Pollution) Act 1951.	The whole Act.
14 & 15 Geo. 6. c. 66.	The Rivers (Prevention of Pollution) (Scotland) Act 1951.	The whole Act except sections 1,6(1), 7, 9,10(1), 12(1) to (3) and (4)(a) and (c), 13, 16, 17, 18(1) to (3), 19, 32(1), in section 35(1) the definitions of " contravention ", " functions ", " land ", " local authority", " local water authority ", " river purification authority "," river purification board ", " stream " and " tidal waters ", section 36(1) and (5) and Schedule 4.
1 & 2 Eliz. 2. c. 26.	The Local Government (Miscellaneous Provisions) Act 1953.	Section 8.
4 & 5 Eliz. 2. c. 52.	The Clean Air Act 1956.	In section 16(1), in the proviso, paragraph (i).
		In section 25, paragraphs (a) and (b).
		In section 26, the words " manufacturing process or ".
		In Schedule 2, the amendments of sections 3, 8 and 18 of the Alkali Act.
7 & 8 Eliz. 2 c. 25.	The Highways Act 1959.	In section 228(9) the words "section one hundred and forty-eight of the Public Health Act 1875 ".
8 & 9 Eliz. 2. c. 34.	The Radioactive Substances Act 1960.	In Schedule 1, in paragraph 3 the words "seventy-nine", in paragraph 6 the word " eighteen " and paragraphs 7. 8A and 15
8 & 9 Eliz. 2 c. 54.	The Clean Rivers (Estuaries & Tidal Waters) Act 1960.	The whole Act.
8 & 9 Eliz. 2. c. 68.	The Noise Abatement Act 1960.	The whole Act, but not so as to affect notices served by virtue of section 1 of the Act before the coming into force of section 58 of this Act.
9 & 10 Eliz. 2. c 50.	The Rivers (Prevention of Pollution) Act 1961.	The whole Act except sections 10,12,13(1) and 15(1) and (3).
1961 c. 64.	The Public Health Act 1961.	Sections 55 to 58 and 63(5),
1963 c. 33.	The London Government Act 1963.	In section 40(4)(d), the reference to section 8 of the Local Government (Miscellaneous Provisions) Act 1953, and section 40f4)(g).
		In Part I of Schedule 11, paragraphs 14. 16 and 32
1963 c. 38.	The Water Resources Act I 1963.	Sections 72 to 76.
		In section 79, subsections (1), (2) and (7), in subsection (5) the words " by virtue of subsection (1) of this section or " and in subsection (8) the words from " (including " to I " section)".
		In section 114, in subsection (1) the words from the first " or " to " section " and the words " or discharge", and subsections (2) and (4)(a).
		In section 115(1)(b) the words from " or " to " thereof ".
		In section 135(8) the word "72".
		In Schedule 13, paragraphs 5, 6. 7. 11 and 14.
1965 c. 13.	The Rivers (Prevention of Pollution) (Scotland) Act 1965.	The whole Act except sections 10, 13(1), 15(1) and (4) and 17(1) to (3).
1965 c. 36.	The Gas Act 1965.	Section 4(5)
1966 c. 38.	The Sea Fisheries Regulation Act 1966.	Section 5(1)(c).
1967 c. 69.	The Civic Amenities Act 1967.	Section 23(6)(a).
1967 c. 80.	The Criminal Justice Act 1967.	In Schedule 3, the entry relating to section 114 of the Burgh Police (Scotland) Act 1892, in the entry relating to section 22 of the Public Health (Scotland) Act 1897, the words " (as extended by section 1(5) of the Noise Abatement Act 1960)" and the entries relating to sections 76(3), 94(2) and 95(1) (both as originally enacted and as applied by section 16(1) of the Clean Air Act 1956) of the Public Health Act 1936 and section 27(1) and (2) of the Clean Air Act 1956.
1968 c. 41.	The Countryside Act 1968.	Section 22(6)(c) and (8).
1972 c. 21.	The Deposit of Poisonous Waste Act 1972.	The whole Act.
1972 c. 70.	The Local Government Act 1972.	Section 180(3)(d) and (g).
		In section 236(2) the words " or 18".
		In Schedule 14, in paragraph 4 the words "79, 80" and paragraphs 5 to 8 and 49.
1973 c. 37.	The Water Act 1973.	Section 17(1) to (4).
		Paragraph 5 of Schedule 2.
		Paragraph 63 of Schedule 8.
1973 c. 65.	The Local Government (Scotland) Act 1973.	In section 135(3), the words from "and the said areas" to the end.
		Section 136.
		In Schedule 16, paragraphs 7 to 9.
		In Schedule 28, paragraph 69.