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Natural Heritage (Scotland) Act 1991

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This is the original version (as it was originally enacted).

Control of Pollution Act 1974 (c. 40)

7(1)The Control of Pollution Act 1974 shall be amended as follows.

(2)In section 54 (directions to a river purification authority)—

(a)in subsection (2), leave out the words from “to give effect” to the end of that subsection and insert—

(a)to give effect to any Community obligation or exercise any related right; or

(b)to give effect to any obligation or exercise any related right under any international agreement to which the United Kingdom is for the time being a party,

and “related right”, in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation.; and

(b)after subsection (3) insert—

(4)The power conferred by subsection (1) of this section to make a direction shall include power, exerciseable in like manner and subject to the same conditions, to vary or revoke the direction by a subsequent direction..

(3)After section 55 there shall be inserted the following section—

55ARegulations under this Part

Regulations made under this Part of this Act may provide that any provision of this Part, except this section and sections 43 to 45, shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty’s Government in the United Kingdom—

(a)to give effect to any Community obligation or exercise any related right; or

(b)to give effect to any obligation or exercise any related right under any international agreement to which the United Kingdom is for the time being a party,

and “related right”, in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation..

(4)At the end of subsection (4) of section 93 and of subsection (3) of section 94 (application of the [1951 c. 66.] Rivers (Prevention of Pollution) (Scotland) Act 1951 to these sections), there shall be inserted the words “and a reference to Part II of the Natural Heritage (Scotland) Act 1991”.

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