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The Water Industry (Scotland) Act 2002 (Consequential Provisions) Order 2003

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Control of Pollution Act 1974 (c. 40)

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

(2) In section 30H (discharges into and from sewers etc.)–

(a)for “a sewerage authority” wherever the expression occurs substitute “Scottish Water”;

(b)for “the sewerage authority” wherever the expression occurs substitute “Scottish Water”; and

(c)for “person” where it third occurs in subsection (1) substitute “the person”.

(3) In section 36(1)(b) (provisions supplementary to sections 34 and 35)–

(a)after “instrument”, in the first place where it occurs, insert “to Scottish Water and”; and

(b)the words “, and to each water authority within whose limits of supply,” and the words “, or within whose limits of supply,” are repealed.

(4) In section 56(1) (interpretation etc. of Part II) –

(a)the definitions of “sewerage authority” and “water authority” are repealed; and

(b)in the definition of “watercourse”–

(i)for “the water authority” substitute “Scottish Water”; and

(ii)for “a water authority” substitute “Scottish Water”.

(5) In section 62(2)(a) (noise in streets)–

(a)for “a water authority (“water authority” being construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994)” substitute “Scottish Water”; and

(b)for “functions” substitute “core functions (within the meaning of section 70(2) of the Water Industry (Scotland) Act 2002) (asp 3)”.

(1)

Section 30H was inserted by the Environment Act 1995 (c. 25), Schedule 16, paragraph 2. Section 36(1), section 56(1) and section 62(2) were amended by the Local Government etc. (Scotland) 1994 (c. 39), Schedule 13, paragraph 95 and the Environment Act 1995 (c. 25), Schedule 16, paragraph 8 and Schedule 22, paragraph 29.

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