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Control of Pollution Act 1974

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This is the original version (as it was originally enacted).

44Provisions supplementary to s. 43

(1)It is hereby declared that a direction may be given in pursuance of subsection (1) of section 60 of the Public Health Act 1961 varying the conditions attached to an actual consent given in pursuance of the preceding section and that the other provisions of Part V of that Act have effect accordingly.

(2)Notwithstanding anything in subsection (4) of the preceding section or the preceding subsection, where a deemed consent is cancelled by a notice giving an actual consent in pursuance of subsection (3) of the preceding section and the deemed consent was by virtue of subsection (2) of the preceding section subject to a condition which was the same as one imposed by a direction given in pursuance of section 55 or 57 of the said Act of 1961, then—

(a)in a case where the condition related to charges, a different condition as to charges, and

(b)in a case where the condition did not relate to charges, a different condition as to any matter except charges,

shall not, except with the written agreement of the owner and any occupier of the premises in question or in pursuance of the following section, be attached to the actual consent during the period during which, by virtue of subsection (3) of the said section 55 or subsection (2) of the said section 57, no further direction to the said owner or occupier in pursuance of that section in respect of charges or, as the case may be, in respect of other matters could have been given without his consent if the said section 55 or 57 had remained in force.

(3)Provision may be made by regulations—

(a)for determining by arbitration or otherwise whether any such agreement as is mentioned in subsection (1)(b) of the preceding section relates also to a matter other than the discharge of trade effluent into a sewer of a particular water authority;

(b)for determining as aforesaid what modifications (if any) of such an agreement relating also to such a matter are appropriate in consequence of any prescribed provision of the preceding section ;

(c)where the conditions mentioned in paragraph (b) of subsection (2) of the preceding section include a condition as to charges which are in respect of the discharges in question and other matters, for determining as aforesaid the proportion of the charges attributable to the discharges and for limiting accordingly the conditions to which the discharges are, for the purposes of that paragraph, to be treated as subject immediately before the appointed day.

(4)Section 70 of the said Act of 1961 (which provides for a copy of each direction given by a water authority in pursuance of Part V of that Act to be kept available for inspection and copying by any person at all reasonable times) shall apply to a notice given in pursuance of subsection (3) of the preceding section as it applies to such a direction.

(5)In the preceding section and this section " the appointed day " means such day after the expiration of six months beginning with the date on which this Act is passed as the Secretary of State may by order appoint; and an expression used in any provision of the preceding section or this section and in the said Act of 1937 has the same meaning in that provision as in that Act.

(6)This section does not apply to Scotland.

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