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Control of Pollution Act 1974

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73 Interpretation and other supplementary provisions.E+W

(1)Except where the context otherwise requires, in this Part of this Act—

  • contravention” includes a failure to comply with the provision in question, and “contravene” shall be construed accordingly;

  • local authority” means—

    (a)

    in England F1. . . , the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple;

    (aa)

    [F2in Wales, the council of a county or a county borough;] and

    (b)

    in Scotland, an islands or district council;

  • noise” includes vibration;

  • F3...

  • F3...

  • F3...

  • F3...

  • statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of . . . F4, . . . F5, [F6or hydraulic power], and includes [F7a universal service provider (within the meaning of [F8Part 3 of the Postal Services Act 2011]) in his capacity as a person who provides a universal postal service (within the meaning of [F9that Part])];

  • work of engineering construction” means the construction, structural alteration, maintenance or repair of any railway line or siding or any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipeline, aqueduct, sewer, sewage works or gasholder.

(2)The area of a local authority which includes part of the seashore shall also include for the purposes of this Part of this Act, except [F10section 62] , the territorial sea lying seawards from that part of the shore; and—

F11(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)this Part of this Act (except [F10section 62] and this subsection) shall have effect, in relation to any area included in the area of a local authority by virtue of this subsection—

(i)As if references to premises and the occupier of premises included respectively a vessel and the master of a vessel, and

(ii)with such other modifications, if any, as are prescribed.

(3)Where more than one person is responsible for noise, this Part of this Act shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance, or would result in a level of noise justifying action under this Part of this Act.

(4)This Part of this Act does not apply to noise caused by aircraft other than model aircraft and does not confer functions on port health authorities.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland.

Textual Amendments

F1S. 73(1): words in the definition of “local authority” repealed (1.4.1996) by 1994 c. 19, ss. 22(3), 66(8), Sch. 9 para. 10(3), Sch. 18 (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Schs. 1, 2

F2S. 73(1): para. (aa) in the definition of “local authority” inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 10(3) (with ss. 54(4)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F3Words in s. 73(1) omitted (E.W.) (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 13(a); S.I. 2015/1732, art. 2(f)

F7S. 73(1): By S.I. 2001/1149, art. 3(1), Sch. 1 para. 38 it is provided (26.3.2001) that in the definition of “statutory undertakers” the words “a universal service provider (within the meaning of the Postal Services Act 2000) in his capacity as a person who provides a universal postal service (within the meaning of that Act)” shall be substituted for the words “the Post Office”

F10Words in s. 73(2) substituted (E.W.) (1.10.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 13(b); S.I. 2015/1732, art. 2(f)

Modifications etc. (not altering text)

73 Interpretation and other supplementary provisions. S

(1)Except where the context otherwise requires, in this Part of this Act—

  • contravention” includes a failure to comply with the provision in question, and “contravene” shall be construed accordingly;

  • F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • local authority” means—

    (a)

    in England . . . F1, the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple;

    (aa)

    [F2in Wales, the council of a county or a county borough;] and

    (b)

    in Scotland, an islands or district council;

  • noise” includes vibration;

  • F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of . . . F4, . . . F5, [F6or hydraulic power], and includes [F7a universal service provider (within the meaning of [F8Part 3 of the Postal Services Act 2011]) in his capacity as a person who provides a universal postal service (within the meaning of [F9that Part])];

  • work of engineering construction” means the construction, structural alteration, maintenance or repair of any railway line or siding or any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipeline, aqueduct, sewer, sewage works or gasholder.

(2)The area of a local authority which includes part of the seashore shall also include for the purposes of this Part of this Act, except [F18section 62], the territorial sea lying seawards from that part of the shore; and—

F19(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)this Part of this Act (except [F18section 62] and this subsection) shall have effect, in relation to any area included in the area of a local authority by virtue of this subsection—

(i)As if references to premises and the occupier of premises included respectively a vessel and the master of a vessel, and

(ii)with such other modifications, if any, as are prescribed.

(3)Where more than one person is responsible for noise, this Part of this Act shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance, or would result in a level of noise justifying action under this Part of this Act . . . F20

[F21(3A)In the definition of “statutory undertakers” in subsection (1), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.]

(4)This Part of this Act does not apply to noise caused by aircraft other than model aircraft and does not confer functions on port health authorities.

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F1S. 73(1): words in the definition of “local authority” repealed (1.4.1996) by 1994 c. 19, ss. 22(3), 66(8), Sch. 9 para. 10(3), Sch. 18 (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Schs. 1, 2

F2S. 73(1): para. (aa) in the definition of “local authority” inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 10(3) (with ss. 54(4)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F7S. 73(1): By S.I. 2001/1149, art. 3(1), Sch. 1 para. 38 it is provided (26.3.2001) that in the definition of “statutory undertakers” the words “a universal service provider (within the meaning of the Postal Services Act 2000) in his capacity as a person who provides a universal postal service (within the meaning of that Act)” shall be substituted for the words “the Post Office”

F12S. 73(1): definition of “equipment” repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F17S. 73(1): definition of “road noise” repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F20Words in s. 73(3) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C14S. 73 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxii); S.I. 1996/218, art. 2

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