Control of Pollution Act 1974

[F1 32 Control of discharges of trade and sewage effluent etc. into rivers and coastal waters etc. S

(1) Subject to subsections (3) to [F2 (5A )]]of this section, a person shall be guilty of an offence if he causes or knowingly permits—

(a) any trade effluent or sewage effluent to be discharged—

(i) into any controlled waters, or

(ii) from land in Scotland through a pipe into the sea outside the seaward limits of controlled waters, or

(iii) from a building or from plant on to or into any land or into any waters of a loch or pond which are not inland waters; or

(b) any matter other than trade or sewage effluent to be discharged into controlled waters from a sewer as defined by section 59(1) of the Sewerage (Scotland) Act M1 1968 or from a drain as so defined; or

(c) any matter other than trade or sewage effluent to be discharged into controlled waters from a drain which a roads authority is obliged or entitled to keep open by virtue of section 31 of the Roads (Scotland) Act M2 1984, and in respect of which the river purification authority in whose area the discharge occurs has, not later than the beginning of the period of three months ending with the date of the discharge, served on the roads authority a notice stating that this paragraph is to apply to the drain,

unless the discharge is made with the consent in pursuance of section 34 of this Act of the river purification authority in whose area the discharge occurs (or, in a case falling within paragraph (a)(ii) of this subsection, of the river purification authority whose area includes the point at which the pipe passes or first passes into or under controlled waters from the sea outside them) and is in accordance with the conditions, if any, to which the consent is subject.

[F3 (2) Where any sewage effluent is discharged as mentioned in paragraph (a) of subsection (1) above from any sewer or works—

(a) vested in a sewerage authority; or

(b) vested in a person other than a sewerage authority and forming (or forming part of) a system provided by him such as is mentioned in section 98(1)(b) of the Local Government etc. (Scotland) Act 1994,

and the authority, or as the case may be person, did not cause or knowingly permit the discharge but was bound to receive into the sewer or works, either unconditionally or subject to conditions which were observed, matter included in the discharge, the authority or person shall be deemed for the purposes of that subsection to have caused the discharge.]

(3) The Secretary of State may—

(a) by an order made before subsection (1) of this section comes into force provide that that subsection shall not, while the order is in force, apply to discharges which are of a kind or in an area specified in the order and for which, if this Act had not been passed, consent in pursuance of the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 would not have been required;

(b) by order vary or revoke any order in force by virtue of the preceding paragraph;

and an order made by virtue of this subsection may require any river purification authority specified in the order to publish in a manner so specified such information about the order as is so specified.

(4) Subsection (1) of this section shall not apply to any discharge which—

(a) is from a vessel; or

(b) is authorised by a licence granted under Part II of the M3 Food and Environment Protection Act 1985, [F4 or

(c) is authorised by an authorisation granted under Part I of the Environmental Protection Act 1990 for a prescribed process designated for central control,]

and a person shall not be guilty of an offence under subsection (1) if—

(i) the discharge is caused or permitted in an emergency in order to avoid danger to life or health;

(ii) he takes all such steps as are reasonably practicable in the circumstances for minimising the extent of the discharge and of its polluting effects; and

(iii) as soon as reasonably practicable after the discharge occurs, particulars of the discharge are furnished to the river purification authority in whose area it occurs.

(5) A local authority shall not be guilty of an offence by virtue of subsection (1) of this section by reason only of the fact that a discharge from a sewer or works vested in the authority contravenes conditions of a consent relating to the discharge if—

(a) the contravention is attributable to a discharge which another person caused or permitted to be made into the sewer or works; and

(b) the authority either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions but the conditions were not observed; and

(c) the authority could not reasonably have been expected to prevent the discharge into the sewer or works;

and a person shall not be guilty of such an offence in consequence of a discharge which he caused or permitted to be made into a sewer or works vested in a local authority if the authority was bound to receive the discharge there either unconditionally or subject to conditions which were observed.

[F5 (5A) A person in whom any such sewer or works as is described in subsection (2)(b) above is vested (such person being in this subsection referred to as a “relevant person”) shall not be guilty of an offence by virtue of subsection (1) of this section by reason only of the fact that a discharge from the sewer or works contravenes conditions of a consent relating to the discharge if—

(a) the contravention is attributable to a discharge which another person caused or permitted to be made into the sewer or works; and

(b) the relevant person either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions but the conditions were not observed; and

(c) the relevant person could not reasonably have been expected to prevent the discharge into the sewer or works;

and another person shall not be guilty of such an offence in consequence of a discharge which he caused or permitted to be made into a sewer or works vested in a relevant person if the relevant person was bound to receive the discharge there either unconditionally or subject to conditions which were observed.]

(6) In subsection (2) of this section and the preceding subsection, “local authority” means a local authority within the meaning of the Sewerage (Scotland) Act M4 1968.

(7) A person who is guilty of an offence by virtue of subsection (1) of this section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding [F6 £20,000] or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

Textual Amendments

F1 Ss. 31, 32 and 34-42 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I and for ss. 31-32 and ss. 34-42 there is substituted (S.) ss. 30A-32 and 34-42 by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168, 189(4)-(10), 190, 193(1), 194(4), Sch. 23 para. 4, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

F2 Words in s. 32(1) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 95(2)(a); S.I. 1994/2850, art. 3(c)(viii); (which substituting provision was repealed (1.2.1996) by 1994 c. 39, Sch. 13 para. 95(2) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2)

F3 S. 32(2) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 95(2)(b); S.I. 1994/2850, art. 3(c)(viii); (which substituting provision was repealed (1.2.1996) by 1994 c. 39, Sch. 13 para. 95(2) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2)

F4 S. 32(4)(c) and the word “or” preceding it inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 16(3); S.I. 1991/1042, art. 2

F5 S. 32(5A) inserted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 95(2)(d); S.I. 1994/2850, art. 3(c)(viii); (which inserting provision was repealed (1.2.1996) by 1994 c. 39, Sch. 13 para. 95(2) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2)

F6 Word substituted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 145(2)

Modifications etc. (not altering text)

C1 S. 32 extended by S.I. 1985/708, reg. 4(1), Sch. 1

C2 S. 32 extended (2.12.1991) by S.I. 1991/2539, reg. 3, Sch.

S. 32 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(3), Sch. 3 Pt. II para. 16 (with ss. 42, 46)

C3 S. 32(1) excluded by S.I. 1983/1182, reg. 3

C4 S. 32(3) extended by S.I. 1984/863, reg. 3, Sch. 1 and S.I. 1985/708, reg. 4(1), Sch. 1

Marginal Citations

M1 1968 c.47(100:2).

M2 1984 c.54(108).

M3 1985 c.48(111).

M4 1968 c.47(100:2).