Control of Pollution Act 1974

100 Power to prohibit or restrict the importation and use etc of injurious substances

(1) The Secretary of State may by regulations prohibit or restrict—

(a) the importation into and the landing and unloading in the United Kingdom ; or

(b) the use in connection with any trade or business or manufacturing process; or

(c) the supply for any purpose,

of any substance specified in the regulations (whether natural or artificial and whether in a solid or liquid or other form) if he considers it appropriate to do so for the purpose of preventing the substance from causing damage to persons, animals or plants or pollution of air, water or land.

(2) It shall be the duty of the Secretary of State before he makes any regulations in pursuance of the preceding subsection—

(a) to consult persons appearing to him to represent persons whose activities are likely to be prohibited or restricted by the proposed regulations ; and

(b) to publish in the London Gazette, and in any other publication which he considers appropriate, a notice indicating the effect of the proposed regulations and specifying—

(i) the date on which it is proposed that the regulations should come into force, and

(ii) a place where a draft of the proposed regulations may be inspected free of charge by members of the public during office hours, and

(iii) a period of not less than fourteen days, beginning with the date on which the notice is first published, during which representations in writing may be made to the Secretary of State about the proposed regulations; and

(c) to consider any representations which are made to him in accordance with the notice.

(3) The preceding subsection shall have effect in its application to Northern Ireland as if for the reference to the London Gazette there were substituted a reference to the Belfast Gazette.

(4) The Secretary of State may, after performing the duty imposed on him by subsection (2) of this section with respect to any proposed regulations, make the regulations either—

(a) in the form of the draft mentioned in subsection (2)(2)(ii) of this section ; or

(b) in that form with such modifications as he considers appropriate;

but the Secretary of State shall not make any regulations by virtue of paragraph (b) of this subsection unless he is of opinion that it is appropriate for the requirements of subsection (2) of this section to be disregarded in relation to the regulations.

(5) Regulations made in pursuance of this section may provide that a person who contravenes a specified provision of the regulations shall be guilty of an offence and may prescribe the maximum penalty for the offence (which shall not exceed, on summary conviction, a fine of £400 and, on conviction on indictment, imprisonment for a term of two years and a fine); but no proceedings for an offence against the regulations shall be brought in England and Wales except by or with the consent of the Director of Public Prosecutions.