S

Rivers (Prevention of Pollution) (Scotland) Act 1965

1965 CHAPTER 13

An Act to make further provision for maintaining or restoring the cleanliness of the rivers and other inland waters and of the tidal waters of Scotland; to amend the Rivers (Prevention of Pollution) (Scotland) Act 1951; and for purposes connected with the matters aforesaid.

[2nd June 1965]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1 Act (except ss. 10, 13(1), 15(1)(4), 17(1)–(3) repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

C2 References to councils of counties or of large burghs and to their areas to be read as references to regional, islands or district councils and to their areas: Local Government (Scotland) Act 1973 (c. 65), s. 135(8)

Act: transfer of functions conferred (12.10.1995) by 1995 c. 25, s. 21(1)(a)(ii) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2(b)

Act modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

1—9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 S

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Ss. 1–9, 11, 12, 14, 15(2)(3), 16, 17(4)(7), Schs. 1, 2 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

10 Samples of effluent. S

(1) In any legal proceedings it shall be presumed, until the contrary is shown, that any sample of effluent taken at an inspection chamber or manhole or other place provided in compliance with a condition imposed under [F2 sections 34 to 40 of the M1 Control of Pollution Act 1974] in relation to any waters is a sample of what was passing from the land or premises to those waters.

(2) [F3 the Scottish Environment Protection Agency (in this section referred to as “SEPA”)]may agree with the occupier of any land or premises from which effluent is discharged on the point or points at which, in exercise of the [F3 “SEPA’s”]rights under section 19 of the principal Act, samples are to be taken of the effluent passing into any waters, and in any legal proceedings it shall be presumed, until the contrary is shown, that any sample of effluent taken at a point fixed under this section is a sample of what was passing from the land or premises to those waters.

(3) An agreement under the last foregoing subsection shall have effect in relation to the land or premises (notwithstanding any change of occupier), but [F4 SEPA] or the occupier for the time being may at any time declare that it shall cease to have effect.

(4) In default of agreement under the foregoing provisions of this section, [F4 SEPA] may apply to the Secretary of State and the Secretary of State may, after considering any representations made to him by the occupier of the land or premises and any other person who appears to the Secretary of State to be interested, fix the point at which samples are to be taken; and the Secretary of State may from time to time on the application of [F4 SEPA] or the occupier of the land or premises review and vary any decision taken by him under this subsection.

(5) [F4 SEPA] shall maintain a register containing such particulars as the Secretary of State may direct of sampling points fixed under the foregoing provisions of this section, and the register shall be open to inspection at all reasonable hours by any person appearing to [F4 SEPA] to be interested.

(6) Section 19 of the principal Act shall be amended in accordance with the following provisions of this subsection, that is to say—

F5 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) after subsection (30 there shall be inserted the following subsection:—

“(4) In this section any reference to an analysis shall be construed as including a refernce to any test of whatever kind, and “analysed” and “analyst” shall be construed accordingly, and any reference to land includes a reference to premises.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 Words substituted by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 3 para. 24

F3 Words in s. 10(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 6(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F4 Words in s. 10(3)-(5) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 6(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F5 S. 10(6)(a) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C3 The text of Ss. 10(6), 13(1) 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 1974 c. 40.

11, 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 S

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6 Ss. 1–9, 11, 12, 14, 15(2)(3), 16, 17(4)(7), Schs. 1, 2 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

13 Saving for certain acts done for scientific etc. purposes with consent of Secretary of State or in certain cases of a district board. S

(1) In section 9 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 M2 (saving for certain acts which would otheriwse be offences) for the words “where such act relates to salmon” there shall be substitued the words “ in the case of an act which relates to salmon and which is not an act specified in paragraph (a) or (b) of section 4 of this Act, with the previous permission in writing ”

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7 Ss. 13(2), 17(5), Sch. 3 repealed by Control of Pollution Act 1974 (c. 40, SIF 46:4), s. 109, Sch. 4

Modifications etc. (not altering text)

C4 The text of Ss. 10(6), 13(1) 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

M2 1951 c.26.

14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 S

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8 Ss. 1–9, 11, 12, 14, 15(2)(3), 16, 17(4)(7), Schs. 1, 2 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

15 Interpretation and construction. S

(1) In this Act “the principal Act” means the M3 Rivers (Prevention of Pollution) (Scotland) Act 1951 and this Act shall be construed as one with the principal Act.

(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(4) Any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by or under any other enactment.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9 Ss. 1–9, 11, 12, 14, 15(2)(3), 16, 17(4)(7), Schs. 1, 2 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

Marginal Citations

M3 1951 c. 66.

16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 S

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F10 Ss. 1–9, 11, 12, 14, 15(2)(3), 16, 17(4)(7), Schs. 1, 2 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

17 Short title, citation, extent, repeals and commencement. S

(1) This Act may be cited as the Rivers (Prevention of Pollution) (Scotland) Act 1965.

(2) This Act and the Rivers (Prevention of Pollution) (Scotland) Act 1951 may be cited together as the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965.

(3) This Act shall extend to Scotland only.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F11 Ss. 1–9, 11, 12, 14, 15(2)(3), 16, 17(4)(7), Schs. 1, 2 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

F12 Ss. 13(2), 17(5), Sch. 3 repealed by Control of Pollution Act 1974 (c. 40, SIF 46:4), s. 109, Sch. 4

F13 S. 17(6), Sch. 4 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

SCHEDULES

SCHEDULE 1 S . . . F14

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F14 Ss. 1–9, 11, 12, 14, 15(2)(3), 16, 17(4)(7), Schs. 1, 2 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

SCHEDULE 2 S . . . F15

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F15 Ss. 1–9, 11, 12, 14, 15(2)(3), 16, 17(4)(7), Schs. 1, 2 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

F16 SCHEDULE 3 S

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F16 Ss. 13(2), 17(5), Sch. 3 repealed by Control of Pollution Act 1974 (c. 40, SIF 46:4), s. 109, Sch. 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 SCHEDULE 4 S

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F17 S. 17(6), Sch. 4 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .