Control of Pollution Act 1974

79 Research and publicity. E+W+S

(1) A local authority may—

(a) undertake, or contribute towards the cost of, investigation and research relevant to the problem of air pollution; and

(b) Arrange for the publication of information on that problem.

(2) Without prejudice to the generality of the preceding subsection, local authorities may obtain information about the emission of pollutants and other substances into the air—

(a) by issuing notices under the following section; and

(b) by measuring and recording the emissions, and for that purpose entering on any premises, whether by agreement or in exercise of the power conferred by section 91 of this Act; and

(c) by entering into arrangements with occupiers of premises under which they measure and record emissions on behalf of the local authority;

but references to premises in paragraphs (b) and (c) of this subsection do not include private dwellings.

(3) A local authority shall not be entitled to exercise the power mentioned in paragraph (b) of the preceding subsection for the purpose of measuring and recording such emissions on any premises unless—

(a) the authority has given to the occupier of the premises a notice—

(i) specifying the kind of emissions in question and the steps it proposes to take on the premises for the purpose of measuring and recording emissions of that kind, and

(ii) stating that it proposes to exercise that power for that purpose unless the occupier makes a request to the authority in pursuance of the following provisions of this subsection; and

(b) the period of twenty-one days beginning with the day on which the notice was given has expired,

and shall not be entitled to exercise that power in consequence of the notice if during that period the occupier gives a notice to the authority requesting it to serve on him a notice under the following section with respect to the emissions.

(4) Nothing in this section shall authorise a local authority to investigate emissions from any [F1 process subject to Part I of the Environmental Protection Act 1990 [F2 or]][F3 work subject to the Alkali Act] otherwise than by issuing notices under the following section, or by exercising the powers conferred on the authority by subsection (1)(a) of this section without entering the work.

(5) In acting under subsection (1)(b) of this section, a local authority shall ensure that the material published is presented in such a way that no information relating to a trade secret is disclosed, except with the consent in writing of a person authorised to disclose it . . . F4

(6) Breach of a duty imposed by the preceding subsection shall be actionable; but in any proceedings, whether civil or criminal, brought against a local authority, or any member or officer of a local authority, on the grounds that any information has been published, it shall be a defence to show that it was published in compliance with the preceding provisions of this section.

(7) The preceding subsection applies in particular to any proceedings brought under section 26 of the M1 Clean Air Act 1956 (which, as amended by subsection (10) of this section, makes it an offence to disclose information relating to any trade secret).

(8) So long as a local authority exercises any of its powers under subsection (2) of this section, it shall from time to time consult such persons carrying on any trade or business in the authority’s area, or such organisations appearing to the authority to be representative of those persons, and such persons appearing to the authority to be conversant with problems of air pollution or to have an interest in local amenity as appear to the authority to be appropriate—

(a) About the way in which the local authority exercises its powers under this and the following section; and

(b) About the extent to which, and the manner in which, any information collected under those powers should be made available to the public.

(9) The consultations shall take place from time to time as the authority think necessary, but not less than twice in each financial year.

(10) Paragraphs (a) and (b) of section 25 of the Clean Air Act 1956 (which are superseded by the provisions of this section) shall cease to have effect, and in paragraph (c) of that section for the words “that problem” there shall be substituted the words “the problem of the pollution of the air”; and in section 26 of that Act (which relates to the unjustified disclosure of information relating to any manufacturing process or trade secret) the words “manufacturing process or” shall cease to have effect.

Textual Amendments

F1 Words inserted (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(1), 164(3), Sch. 15 para. 15(8)

F2 Word repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), 164(3), Sch. 16 Pt. I

F3 Words repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), 164(3), Sch. 16 Pt. I

F4 Words repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. II

Modifications etc. (not altering text)

C1 The text of s. 79(10) 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.

Marginal Citations

M1 1956 c. 52.