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Control of Pollution Act 1974

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Section 99.

SCHEDULE 2E+W+S Alteration of penalties

The M1Public Health (Scotland) Act 1897E+W+S

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F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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The M2Alkali, &c. Works Regulation Act 1906E+W+S

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Marginal Citations

4In section 12(4) of the Alkali Act (under which obstruction of an inspector is punishable on summary conviction by a fine not exceeding £10) for the words “ten pounds” there shall be substituted the word “£100”.E+W+S

5In section 16A of that Act (which provides for certain offences under other provisions of that Act to be punishable on summary conviction by a fine not exceeding £100 or £20 a day in the case of certain continuing offences) for the words “one hundred pounds” in both places where they occur there shall be substituted the word “£400” and for the words “twenty pounds” there shall be substituted the word “£50”.E+W+S

The M3Public Health Act 1936E+W+S

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Marginal Citations

[F46 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’.]E+W+S

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Amendments (Textual)

[F57In 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—E+W+S

(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.]

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Amendments (Textual)

[F68In 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”.]E+W+S

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Amendments (Textual)

[F79In 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”.]E+W+S

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Amendments (Textual)

[F810In 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”.]E+W+S

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Amendments (Textual)

[F911 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”]E+W+S

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Amendments (Textual)

[F1012 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]E+W+S

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Amendments (Textual)

F10Sch. 2 para. 12 repealed (E.W.)(N.I.) by Environmental Protection Act

The M4Public Health (Drainage of Trade Premises Act 1937E+W+S

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Marginal Citations

[F1113In 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.”]E+W+S

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Amendments (Textual)

[F1214In 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.]E+W+S

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The M5Water Act 1945E+W+S

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Marginal Citations

[F1315In 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.]E+W+S

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Amendments (Textual)

[F1416In 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—E+W+S

(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.]

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Amendments (Textual)

17, 18.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W+S

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The M6Clean Air Act 1956E+W+S

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F1619. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

The M7Radioactive Substances Act 1960E+W+S

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20(1)In subsection (2) of section 13 of the Radioactive Substances Act 1960 (which provides among other things that a person who keeps radioactive material or mobile radioactive apparatus or who disposes of or accumulates radioactive waste contrary to the provisions of the Act shall be liable on summary conviction to a fine not exceeding £100 and to imprisonment for a term not exceeding three months) for the words “one hundred pounds” there shall be substituted the word “£400”.E+W+S

(2)In subsection (4) of that section (under which a person who unlawfully discloses information famished or obtained under that Act is liable on summary conviction to a fine not exceeding £50 and to imprisonment for a term not exceeding three months) for the words “fifty pounds” there shall be substituted the word “£400”.

(3)In subsection (5) of that section (under which a person who fails to exhibit a certificate of registration or an authorisation or who obstructs an inspector or fails to provide information is liable on summary conviction to a fine not exceeding £50 and to imprisonment for a term not exceeding three months) for the words from “fifty pounds” onwards there shall be substituted the words “£100 and on conviction on indictment to a fine”.

(4)In subsection (6) of that section (under which a person who pulls down or defaces a certificate or authorisation is liable on summary conviction to a fine not exceeding £10) for the words “ten pounds” there shall be substituted the word “£20”.

The M8Sewerage (Scotland) Act 1968E+W+S

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Marginal Citations

21In 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”.E+W+S

22In 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”.E+W+S

23In 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.E+W+S

24In 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”.E+W+S

25In 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)—E+W+S

(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 M9Clean Air Act 1968E+W+S

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Marginal Citations

F1726. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F1827. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

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