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Rivers (Prevention of Pollution) (Scotland) Act 1951

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Rivers (Prevention of Pollution) (Scotland) Act 1951

1951 CHAPTER 66 14 and 15 Geo 6

An Act to provide for establishing river purification boards in Scotland and for conferring on or transferring to such boards functions relating to the prevention of river pollution; to make new provision for maintaining or restoring the cleanliness of the rivers and other inland waters and the tidal waters of Scotland in place of the Rivers Pollution Prevention Act 1876, and certain other enactments; and for purposes connected with the matters aforesaid.

[1st August 1951]

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Modifications etc. (not altering text)

C1References to councils of counties or of large burghs and to their districts to be read as references to regional, islands or district councils and to their areas: Local Government (Scotland) Act 1973 (c. 65), s. 135(8)

C2By Water (Scotland) Act 1980 (c. 45, SIF 130), s. 112, Sch. 10 Pt. I any reference to a local water authority shall, unless the context otherwise requires, be construed as a reference to a water authority

Commencement Information

I1Act partly in force at Royal Assent by s. 36(4)(now repealed).

Part IS Central Authority

1 Duty of Secretary of State in relation to prevention of pollution of rivers and other waters.S

(1)It shall be the duty of the Secretary of State to promote the cleanliness of the rivers and other inland waters and the tidal waters of Scotland.

(2)–(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

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Amendments (Textual)

Modifications etc. (not altering text)

F2Part IIS River Purification Boards

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Amendments (Textual)

F2Pt. II (ss. 2 -16) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22, para. 3(2), Sch. 24 (with ss.7(6), 115, 117); S.I. 1996/186, art. 3

Part IIIS Prevention of Pollution

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Modifications etc. (not altering text)

C5Pt. III (ss. 17-28): transfer of functions (12.10.1995) by 1995 c. 25, s. 21(1)(a)(i)(ii) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 3

C6Pt. III (ss. 17-28) modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

River Purification AuthoritiesS

F317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

18 Provision and obtaining of information.S

(1)For the purpose of enabling [F4it]to perform the functions conferred on [F4it][F5SEPA] may make surveys F6. . .and gauge and keep records of the flow or volume and other characteristics of any stream F6. . ., and may take steps for the measurement and recording of the rainfall F6. . . and for the installation and maintenance for these purposes of gauges or other apparatus and works connected therewith, and may take such other steps as may be necessary in order to obtain any information required for the purposes aforesaid.

(2)The Secretary of State may give directions requiring [F7SEPA] to exercise all or any of the powers conferred on [F7it]by the foregoing subsection and to furnish to him such information obtained in pursuance of the directions at such times and in such form as may be specified in the directions, and it shall be the duty of [F7SEPA] to comply with any directions to given.

(3)[F8SEPA] shall give reasonable facilities for the inspection of records kept by [F9it]of the rainfall or the flow or volume of any stream F10. . . and for the taking of copies or extracts from such records, and such facilities shall be available free of charge to all local authorities F10. . . and shall be available to other persons on payment of such [F11reasonable fees as may be determined by [F8SEPA]]

(4), (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

[F13(6)Notwithstanding anything in this Act, any [F14controlled waters within the meaning of section 30A of the Control of Pollution Act 1974]shall be deemed to be included in the expression “stream” for the purposes of [F15SEPA’s]powers under this section.]

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Amendments (Textual)

F4Words in s. 18(1) substitituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 3(3)(a)(i) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F7Words in s. 18(2) substitituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 3(3)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F8Word in s. 18(3) substitituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 3(3)(c)(i) (with s. 7(6), 115, 117); S.I. 1996/186, art. 3

F12S. 18(4)(5) repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

F13S. 18(6) inserted by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 3 para. 14

F15Word in s. 18(6) substitituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 3(3)(d) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

19 Power to take samples of effluents.S

(1)[F16SEPA]shall have a right to obtain and take away samples of water from any stream or of any effluent which is passing from any land or vessel into any stream F17. . ..

F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Notwithstanding anything in this Act, any [F19controlled waters within the meaning of section 30A of the Control of Pollution Act 1974] shall be deemed to be included in the expression “stream” for the purposes of [F20SEPA’s]powers under this section.

[F21(4)In this section F22. . . any reference to land includes a reference to premises.]

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Amendments (Textual)

F16Word in s. 19(1) substitituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22. para. 3(4)(a)(i) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F17Words in s. 19(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22. para. 3(4)(a)(ii), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F20Word in s. 19(3) substitituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22. para. 3(4)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F22Words in s. 19(4) substitituted (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23S

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Amendments (Textual)

F23S. 20 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24S

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Amendments (Textual)

F24S. 21 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

Provisions for Prevention of PollutionS

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25S

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Amendments (Textual)

F25S. 22 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26S

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Amendments (Textual)

F26S. 23 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27S

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Amendments (Textual)

F27S. 24 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

25

F28(1) . . .

(a), (b)F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

F29(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F3026

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(5), (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F30S. 26 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32S

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Amendments (Textual)

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33S

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Amendments (Textual)

F33S. 28 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

Part IVS General

29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34S

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Amendments (Textual)

F34S. 29 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35S

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Amendments (Textual)

F35S. 30 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36S

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Amendments (Textual)

F36S. 31 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

32 Expenses.S

(1)Any expenses incurred by the Secretary of State under this Act shall be defrayed out of moneys provided by Parliament.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

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Amendments (Textual)

F37S. 32(2) repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38S

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Amendments (Textual)

F38S. 33 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39S

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Amendments (Textual)

F39S. 34 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

35 Interpretation.S

(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

  • contravention” includes failure to comply with, and “contravene” shall be construed accordingly;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

  • functions” includes powers and duties;

  • land” includes land covered by water;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

  • [F42local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

  • F44. . .

  • F44. . .

  • [F45SEPA” means the Scottish Environment Protection Agency;]

  • . . .

  • [F46sewage effluent” includes any effluent from the sewage disposal or sewerage works of a local authority;]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

  • stream” includes any river, watercourse or inland water (whether natural or artificial) and any tidal waters to which this Act applies, except that it does not include either—

    (a)

    any body of water which does not discharge into a stream; or

    (b)

    any sewer vested in a [F47Scottish Water],

    but any reference to a stream includes a reference to the channel or bed of a stream which is for the time being dry;

  • tidal waters” means any part of the sea or the tidal part of any river, watercourse or inland water (whether natural or artificial) and includes the waters of any enclosed dock which adjoins tidal waters;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

(3)–(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

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Amendments (Textual)

F40Definitions repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

F42Definition in s. 35(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 38(8)(a); S.I. 1996/323, art. 4(1)(c)

F44Definitions in s. 35(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22. para. 3(5)(a), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F45Definition in s. 35(1) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22. para. 3(5)(b), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F46Definition repealed (prosp.) by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

F47S. 35(1)(b): words in paragraph (b) in definition of “stream” substituted (1.4.2002) by 2002 asp 3, s. 71, Sch. 7 para. 2(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F49S. 35(3)–(8) repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

36 Short title, transitional provisions, repeal, commencement and extent.S

(1)This Act may be cited as the Rivers (Prevention of Pollution) (Scotland) Act 1951.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

(5)This Act shall extend to Scotland only.

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Amendments (Textual)

F50S. 36(2)(4) repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

SCHEDULES

F52F52FIRST SCHEDULES

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Amendments (Textual)

F52Sch. 1 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

F53F53SECOND SCHEDULES

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Amendments (Textual)

F53Sch. 2 repealed by Control of Pollution Act 1974 (c. 40 SIF 46:4), s. 109(2), Sch. 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

THIRD SCHEDULES

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54S

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Amendments (Textual)

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55S

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Amendments (Textual)

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56S

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Amendments (Textual)

F57F57FOURTH SCHEDULES

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

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