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Rivers (Prevention of Pollution) (Scotland) Act 1951 (repealed)

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Changes over time for: Cross Heading: Provisions for Prevention of Pollution

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Version Superseded: 31/05/1991

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Point in time view as at 01/02/1991.

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Provisions for Prevention of PollutionS

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1S

Textual Amendments

F1S. 22 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2S

Textual Amendments

F2S. 23 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3S

Textual Amendments

F3S. 24 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

[25F4 Byelaws.S

(1)Subject to the provisions of the next following section, a river purification authority may by byelaws make such provision as respects any stream or part of a stream in their area as appears to them expedient—

(a), (b)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)for prohibiting or regulating the keeping or use on the stream of vessels provided with sanitary appliances from which polluting matter passes or can pass into the stream;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(4)Any person contravening byelaws made by virtue of paragraph (b), (c) or (d) of subsection (1) of this section shall be liable on summary conviction to a fine not exceeding fifty pounds, and where a contravention of byelaws made by virtue of the said paragraph (c) or (d) is continued after a person has been convicted therefor, that person shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding five pounds for every day on which the contravention is so continued.]

Textual Amendments

F4S. 25 repealed (prosp) by Control of Pollution Act 1974 (c. 40, SIF 46:4), s. 109(2), Sch. 4 which repeal is now no longer prospective except for s. 25(1)(c)(4)

[F526 Supplementary provisions with regard to byelaws.S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(2)A river purification authority in exercising the powers conferred by the last foregoing section to make byelaws for any stream or part of a stream shall have regard to the character and flow of the stream and to the extent to which the stream is, or may in the future be, used for industrial purposes, fisheries, water supply, agriculture or navigation.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(4)The confirming authority in relation to byelaws made under the last foregoing section shall be the Secretary of State.

(5), (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(7)The Secretary of State may by notice require a river purification authority to make byelaws under the last foregoing section in relation to such matters as he may specify and, if the authority do not within three months after such requirement make in relation to the matters specified byelaws satisfactory to him, the Secretary of State may himself make byelaws with respect to those matters.

(8)If after they have been in operation for a period of not less than three years the Secretary of State considers unsatisfactory any byelaws made by a river purification authority under the last foregoing section, he may after consultation with the river purification authority by notice require the authority to revoke those byelaws and to make such new byelaws under the said section as he considers necessary and, if the authority do not within three months after such requirement comply therewith, the Secretary of State may himself revoke the byelaws and make such new byelaws under the said section as he considers necessary.

[F6(9)Byelaws made by the Secretary of State under subsection (7) or (8) of this section shall have effect as if they had been made by the authority concerned and confirmed by the Secretary of State.]]

Textual Amendments

F5S. 26 repealed (prosp.) by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4 which repeal is no longer prospective except for s. 26(2)(4)(7)–(9)

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7S

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8S

Textual Amendments

F8S. 28 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

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