SCHEDULES

FIRST SCHEDULE Enactments, other than Local Enactments, to which s. 9(1) applies

Section 9

Part I England and Wales

1

Section two of the M1Sea Fisheries Regulation Act 1888.

2

Sections eight and fifty-nine of the M2Salmon and Freshwater Fisheries Act 1923.

3

The following provisions of the M3Public Health Act 1936, that is to say, sections F2 . . ., F3. . .forty-eight, F4seventy-nine, eighty-one, eighty-two . . . F5, . . . F5, and sections one hundred and forty-one, two hundred and fifty-nine and two hundred and sixty-one.

4F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F97

Sections two, five and seven of the M4Rivers (Prevention of Pollution) Act 1951.

8

Sections ten . . . F10of the M5Clean Air Act 1956.

8AF11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F128AA

The Planning (Hazardous Substances) Act 1990

F138B

Sections 43 and 44 of the Control of Pollution Act 1974.

F148C

The Control of Pollution (Special Waste) Regulations 1980.

F158D

Section 59 of the Building Act 1984.

F168E

The following provisions of the Control of Pollution Act 1974, namely, section 31(1) to (3), (7) and (9), and sections 32, 34 to 42, 51, 54 and 55.

F17F188F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F198G

Sections 104, 106, 107, 110, 113, 115 and 117 to 120 of the Water Act 1989.

Annotations:
Amendments (Textual)
F19

By the insertion of para. 8G, Sch. 1 to this Act is modified (E.W.) by S.I. 1989/1158, art. 4

F20X19

Part III of the Environmental Protection Act 1990.

F219AA

Sections 72, 111 and 113(6) and Chapter III of Part IV of the Water Industry Act 1991 and paragraphs 2 to 4 of Schedule 8 to that Act so far as they re-enact provisions of sections 43 and 44 of the Control of Pollution Act 1974

F229AB

Sections 82, 84, 85, 86, 87(1), 88(2), 92, 93, 99, 161, 190, 202, 203 and 213 of the Water Resources Act 1991.

F239AC

Section 18 of the Water Act 1945 so far as it continues to have effect by virtue of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 or by virtue of provisions of the Control of Pollution Act 1974 not having been brought into force

Part II Scotland

X29F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F259A

The Control of Pollution (Special Waste) Regulations 1980.

E1F269B

The following provisions of the Control of Pollution Act 1974, namely, section 31(1) to (3), (7) and (9), and sections 32, 34 to 42, 51, 54 and 55.

Annotations:
Extent Information
E1

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

Amendments (Textual)
F26

Sch. 1 Pt. II para. 9B added by S.I. 1985/708, reg. 4(1), Sch. 2 para. 2 (which S.I. is revoked (S.) (2.12.1991) by S.I. 1991//2539, reg. 5)

F279B

Sections 30A, 30B, 30D, 31(1) to (5) and (7) to (10), 31A, 32, 34 to 42, 46, 53, 55 and 56(1) to (4) of the Control of Pollution Act 1974.

10F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

The following provisions of the M6Public Health (Scotland) Act 1897, that is to say, sections sixteen, seventeen, thirty-two, forty-one, forty-two, one hundred and sixteen . . . F31

14

Sections F3270, 71 and 75of the M7Water (Scotland) Act F321980

C115

Sections twenty-two, twenty-five and twenty-eight of the M8Rivers Prevention of Pollution) (Scotland) Act 1951.

16

Sections ten and sixteen of the M9Clean Air Act 1956.

F3317

The Sewerage (Scotland) Act 1968

F3417A

Section 201 of the Local Government (Scotland) Act 1973.

F3517B

Section 124 of the Civic Government (Scotland) Act 1982.

F3617A

Sections 56A to 56N and 97B of the Town and Country Planning (Scotland) Act 1972.

Part III Northern Ireland C2

Annotations:
Modifications etc. (not altering text)

17F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

The following provisions of the M10Public Health (Ireland) Act 1878, that is to say, sections fifty, fifty-one, F41fifty-four,fifty-eight, F42fifty-nine,one hundred and seven, one hundred and twenty-nine . . . F43.

22

F44Section twenty-six of the M11Public Health Acts Amendment Act 1890.

23F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

Sections thirty-five, forty-six, forty-nine and fifty-one of the M12Public Health Acts Amendment Act 1907.

25F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

Any enactment which may be passed by the Parliament of Northern Ireland for purposes similar to those of section ten or section sixteen of the M13Clean Air Act 1956.

F47X327

Sections 26, 47 and 124 of the Fisheries Act (Northern Ireland) 1966

F48X427

The Pollution Control (Special Waste) Regulations (Northern Ireland) 1981.

F4929

Article 34 of the Water and Sewerage Services (Northern Ireland) Order 1973

SECOND SCHEDULE Exercise of Rights of Entry and Inspection

Section 12.

1

A person entering upon any premises in the exercise of any power conferred by this Act shall, if so required, produce written eveidence of his authority before entering thereon.

2

Where it is shown to the satisfaction of a justice of the peace, on sworn information in writing, that admission to premises specified in the information is reasonably required by a person for the purpose of exercising a power conferred by this Act in respect thereof, the justice, subject to the next following paragraph, may by warrant under his hand authorise that person to enter upon the premises.

3

A justice of the peace shall not grant a warrant under the last preceding paragraph in respect of any premises unless he is satisfied—

a

that admission to the premises, for the purpose of exercising the power in question, was sought after not less than seven days’ notice of the intended entry had been given to the occupier; or

b

that admission to the premises for that purpose was sought in a case of emergency and was refused by or on behalf of the occupier; or

c

that the premises are unoccupied; or

d

that an application for admission to the premises would defeat the object of the entry:

Provided that, in relation to premises to which subsection (2) of section twelve of this Act applies, the reference in sub-paragraph (a) of this paragraph to seven days shall be construed as a reference to twenty-four hours.

4

Every warrant granted under this Schedule shall continue in force until the purpose for which the entry is required has been satisfied.

5

Any person who, in the exercise of a power conferred by this Act, enters any premises which are unoccupied, or premises of which the occupier is temporarily absent, shall leave the premises as effectually secured against trespassers as he found them.

6

Before a person carries out any test on any premises, in the exercise of any power conferred by this Act, he shall consult with such persons having duties on the premises as may appear to him appropriate in order to secure that the carrying out of the test does not create any danger.

7

Any power of entry conferred by this Act shall, if exercised under the authority of a warrant granted under this Schedule, or in a case of emergency, but not in any other case, include power to enter, if need be, by force.

8

Any power of entry, or of carrying out tests or inspections, or of obtaining or taking away samples, conferred on any person by this Act may be exercised by him either alone or together with any other persons.

9

In this Schedule any reference to a case of emergency shall be construed in accordance with subsection (9) of section twelve of this Act.

THIRD SCHEDULE Specified elements

Section 18.

Element

Microcuries per gramme

Solid

Liquid

Gas or vapour

1. Actinium

1y10-&sup5;

2y10-&sup6;

7y10-¹¹

2. Lead

2y10-&sup5;

1y10-&sup7;

3y10-&sup9;

3. Polonium

1y10-&sup5;

7y10-&sup7;

6y10-&sup9;

4. Protoactinium

1y10-&sup5;

9y10-&sup7;

3y10-¹¹

5. Radium

1y10-&sup5;

1y10-&sup8;

1y10-&sup9;

6. Radon

1y10-&sup6;

7. Thorium

7y10-&sup5;

1y10-&sup6;

6y10-¹&sup0;

8. Uranium

3y10-&sup4; -

2y10-&sup5;

2y10-&sup9;