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Statutory Instruments

1976 No. 731 (C.21)

PUBLIC HEALTH, ENGLAND AND WALES

The Control of Pollution Act 1974 (Commencement No. 5) Order 1976

Made

12th May 1976

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 109(2) of the Control of Pollution Act 1974 and of all other powers enabling them in that behalf, hereby make the following order:—

1.  This order may be cited as the Control of Pollution Act 1974 (Commencement No. 5) Order 1976.

2.  The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.

3.  The provisions of the Control of Pollution Act 1974 which are specified in column 1 of the Schedule to this order and which relate to the subject matter specified in column 2 thereof shall come into force on 14th June 1976.

Peter Shore

Secretary of State for the Environment

12th May 1976

John Morris

Secretary of State for Wales

11th May 1976

SCHEDULE

Column 1Column 2
Provisions of the ActSubject matter of provisions
In Part I
Section 3Prohibition of unlicensed disposal of waste
Section 4Provisions supplementary to s. 3
Section 5Licences to dispose of waste.
Section 6Provisions supplementary to s. 5
Section 7Variation of conditions and revocation of licences.
Section 8Transfer and relinquishment of licences.
Section 9Supervision of licensed activities.
Section 10Appeals to Secretary of State from decisions with respect to licences.
Section 11Special provisions for land occupied by disposal authorities.
Section 16Removal of waste deposited in breach of licensing provisions.
Section 18(1) and 18(2)Application of preceding provisions to other waste.
Section 22Street cleaning etc.
Section 23Prohibition of parking to facilitate street cleaning.
In Part V
Section 88Civil liability for contravention of s. 3(3).

In Schedule 3

paragraph 18

In Schedule 4

The entry relative to the Public Health Act 1875

The entry relative to the Trunk Roads Act 1936

The entry relative to the Highways Act 1959

The entry relative to Part 1 of Schedule 11 to the London Government Act 1963 in so far as it repeals paragraph 14(1)(c).

EXPLANATORY NOTE

This Order brings into force, on 14th June 1976, provisions of the Control of Pollution Act 1974 which relate to the licensing of the disposal of controlled waste and the cleaning of streets. The Order applies to England and Wales.