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Control of Pollution Act 1974

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Version Superseded: 31/05/1991

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[F133 Control of sanitary appliances on vessels.S

(1)A water authority may by byelaws make such provision as the authority considers appropriate for prohibiting or regulating the keeping or use, on a stream or restricted waters in the area of the authority, of vessels of a kind specified in the byelaws which are provided with sanitary appliances; and a person who contravenes any byelaw made by virtue of this section shall be guilty of an offence.

(2)The Secretary of State may by order provide that any byelaws specified in the order which were made by virtue of section 5(1)(c) of the M1Rivers (Prevention of Pollution) Act 1951 (which, as extended in pursuance of section 6 of that Act, relates to the keeping on streams and other waters of vessels provided with sanitary appliances) or of section 25(1)(c) of the M2Rivers (Prevention of Pollution) (Scotland) Act 1951 (which makes corresponding provision with respect to streams in Scotland) shall have effect, with such modifications (if any) as are so specified, as if made by virtue of the preceding subsection.

(3)A person who, after the end of the year 1978, keeps or uses on a stream any vessel provided with a sanitary appliance shall, subject to subsection (8) of this section, be guilty of an offence; and at the end of that year the words “a stream or” in subsection (1) of this section shall cease to have effect.

(4)The Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly or, in relation to Scotland, the Secretary of State may, by an order made after the end of the year 1978 on the application of a water authority or harbour authority, provide that a person who keeps or uses, on any restricted waters in the area of the authority which are specified in the order, any vessel provided with a sanitary appliance shall, subject to subsection (8) of this section, be guilty of an offence; and when an order is in force by virtue of the preceding provisions of this subsection in relation to any restricted waters, then—

(a)subsection (1) of this section shall not apply in relation to the waters; and

(b)the said Ministers acting jointly or, in relation to Scotland, the Secretary of State may, on the application of or after giving notice to the authority on whose application the order was made, by order revoke the order.

(5)The said Ministers acting jointly or, in relation to Scotland, the Secretary of State may—

(a)by order provide that so much of any stream as is specified in the order shall be disregarded for the purposes of subsection (3) of this section and treated as restricted waters for the purposes of the preceding subsection; and

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

(6)In relation to England and Wales paragraphs 1 to 6 of Schedule 8 to the M3Water Resources Act 1963 (which among other things provide for the publication of a draft of an order to authorise the execution of works, the gazetting of notices relating to the draft order, the furnishing of copies of the draft, the making of an order in the terms of the draft or in those terms with alterations and the making and consideration of objections relating to the draft or alterations) shall have effect in relation to an application for an order in pursuance of subsection (4) of this section (except subsection (4)(b)) as those paragraphs have effect in relation to an application for such an order as is mentioned in the said paragraph 1 but with the substitution—

(a)for any reference to the Secretary of State of a reference to him and the Minister of Agriculture, Fisheries and Food acting jointly;

(b)for any reference to a water authority of a reference to a harbour authority in a case where the application in question is made by a harbour authority;

(c)for any reference to the locality where the operations are to be carried out of a reference to the area of the applicant;

(d)for any reference to a period of twenty-eight or twenty-five days of a reference to a period of six weeks; and

(e)for the words from “engineering” onwards in paragraph 2(a) of the words “waters specified in the draft are situated”,

and as if paragraph 2(b) were omitted.

(7)In relation to Scotland paragraphs 1 to 6 of Part I of Schedule 1 to the M4Water (Scotland) Act [F21980]] (which make provision with respect to the procedure for the making of certain orders under that Act) shall have effect in relation to an application for an order in pursuance of subsection (4) of this section (except subsection (4)(b)) as those paragraphs have effect in relation to an application for an order to which the said Part applies, but with the following modifications—

(a)for any reference to a period of twenty-eight or twenty-five days there shall be substituted a reference to a period of six weeks;

(b)in paragraph 2(i), for the words “water authority, regional council, district council and water development board for every area comprised wholly or partly in the area affected by the order” there shall be substituted the words “council of each region or district in which the waters specified in the draft order, or any part thereof, are situated, and on such other bodies or persons as the Secretary of State may direct”;

(c)paragraph 2(ii) shall be omitted;

(d)in paragraph 3, for the words “districts comprised wholly or partly in the area affected by the order” there shall be substituted the words “areas in which the waters specified in the draft order, or any part thereof, are situated”;

(e)in paragraph 6, for the words “authority or board or undertakers” there shall be substituted the words “council, body or person”.

(8)At and after the end of the year 1978 it shall be the duty of each water authority to make arrangements for the fixing, at the request of a person in charge of a vessel provided with a sanitary appliance, of a seal to the vessel or appliance in such a manner that while the seal is affixed matter cannot pass from the appliance into the water on which the vessel is for the time being situated; and while a seal is affixed to a vessel or appliance in pursuance of the arrangements, the appliance to which the seal relates shall be disregarded for the purposes of subsections (3) and (4) of this section.

(9)Provision may be made by regulations for requiring a person who in prescribed circumstances hires out for payment to another person any vessel provided with a sanitary appliance to give to the other person notice in a prescribed form of prescribed provisions made by or under this section; and a person who fails to comply with a requirement imposed on him by virtue of this subsection shall be guilty of an offence.

(10)In this section—

  • harbour authority” has the meaning assigned to it by section 57(1) of the M5Harbours Act 1964; and

  • sanitary appliance” means a water closet or other prescribed appliance (except a sink, a bath and a shower-bath) which is designed to permit polluting matter to pass into the water on which the vessel in question is for the time being situated;

and a port health authority shall have power to make such arrangements with a water authority as are mentioned in subsection (8) of this section.

(11)a person guilty of an offence by virtue of any of the preceding provisions of this section shall be liable on summary conviction to a fine of an amount not exceeding [F3£200][F3level 4 on the standard scale].

Textual Amendments

F3Words “level 4 on the standard scale” substituted (11.4.1983) for words “£200” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

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