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Control of Pollution Act 1974

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Control of Pollution Act 1974, SCHEDULE 2 is up to date with all changes known to be in force on or before 18 January 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Schedule 2:

Section 99.

SCHEDULE 2E+W+S Alteration of penalties

The Public Health (Scotland) Act 1897E+W+S

F11E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 2 para. 1 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F22E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Sch. 2 para. 2 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F33E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 2 para. 3 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

The Alkali, &c. Works Regulation Act 1906E+W+S

F44E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 2 para. 4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

F55E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 2 para. 5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

The M1Public Health Act 1936E+W+S

Marginal Citations

[F66E+W+S 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’.]

Textual Amendments

[F77E+W+SIn 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.]

Textual Amendments

[F88E+W+SIn 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”.]

Textual Amendments

[F99E+W+SIn 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”.]

Textual Amendments

[F1010E+W+SIn section 41(3) of that Act (under which a person is liable upon 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 “£200”.]

Textual Amendments

F10Sch. 2 para. 10 repealed (E.W.) by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7

[F1111E+W+S 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”]

Textual Amendments

[F1212E+W+S 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]

Textual Amendments

F12Sch. 2 para. 12 repealed (E.W.)(N.I.) by Environmental Protection Act

The M2Public Health (Drainage of Trade Premises Act 1937E+W+S

Marginal Citations

[F1313E+W+SIn 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.”]

[F1414E+W+SIn 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.]

Textual Amendments

The M3Water Act 1945E+W+S

Marginal Citations

15E+W+SIn 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.

[F1516E+W+SIn 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 Iikely 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.]

Textual Amendments

17, 18.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F16Sch. 2 paras 17, 18 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

The Clean Air Act 1956E+W+S

F1719E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17Sch. 2 para. 19 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6

The Radioactive Substances Act 1960E+W+S

F1820E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18Sch. 2 para. 20 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

The M4Sewerage (Scotland) Act 1968E+W+S

Marginal Citations

21E+W+SIn 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”.

22E+W+SIn 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”.

23E+W+SIn 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.

24E+W+SIn 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”.

25E+W+SIn 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”.

The Clean Air Act 1968E+W+S

F1926E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19Sch. 2 para. 26 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6

F2027E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20Sch. 2 para. 27 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6

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