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The Control of Pollution Act 1974 (Commencement No. 17) Order 1984

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Statutory Instruments

1984 No. 853 (C.20)

PUBLIC HEALTH, ENGLAND AND WALES PUBLIC HEALTH, SCOTLAND

The Control of Pollution Act 1974 (Commencement No. 17) Order 1984

Made

22nd June 1984

The Secretary of State, in exercise of his powers under sections 104(1) and 109(2) of the Control of Pollution Act 1974 and of all other powers enabling him in that behalf, hereby makes the following order:—

1.  (1)  This order may be cited as the Control of Pollution Act 1974 (Commencement No. 17) Order 1984.

(2) The Control of Pollution Act 1974 (Commencement No. 15) Order 1983, is retitled the Control of Pollution Act 1974 (Commencement No. 16) Order 1983; and article 1 thereof is amended accordingly.

2.  (1)  The provisions of the Control of Pollution Act 1974 specified in column 1 of the Schedule (the subject matter of which is described in column 2) shall come into force on 4th July 1984—

(a)in the case of those provisions specified in Part I, in England, Wales and Scotland;

(b)in the case of the provision specified in Part II, in England and Wales only; and

(c)in the case of those provisions specified in Part III, in Scotland only.

(2) Paragraph (1) above shall have effect subject to any limitations set out in column 1 of the Schedule as to the extent to which any provision is brought into force, and shall not have effect in the Isles of Scilly.

SCHEDULE

PART IENGLAND, WALES AND SCOTLAND

Column 1Column 2
Provisions of the ActSubject matter of provisions
In Part II
Section 31(1) so far as it defines “relevant waters” for the purposes of Part IIMeaning of “relevant waters”;
Section 34, except subsection (3)Consents for discharges of trade and sewage effluent etc;
Section 35Reference to Secretary of State of certain applications for consent;
Section 36Provisions supplementary to sections 34 and 35;
Section 37Revocation of consents and alteration and imposition of conditions;
Section 38(1) and (2)Restriction on variation and revocation of consent and of previous variation;
Section 39(1), (4), (5), and (6) to (8) so far as they relate to subsection (1)Appeals to Secretary of State;
Section 40Transitional provisions relating to consents;
Section 42Power of Secretary of State to exempt applications, consents and conditions etc. from publicity;
Section 54Exclusion of certain liability in respect of discharges etc. with consent;
Section 55Discharges by water authorities.

PART IIENGLAND AND WALES

Column 1Column 2
Provisions of the ActSubject matter of provisions
In Part VI
Section 108(1) so far as it relates to paragraph 17 of Schedule 3.Minor and consequential amendments of enactments.

PART IIISCOTLAND

Column 1Column 2
Provisions of the ActSubject matter of provisions
In Part II
Section 49Deposits and vegetation in rivers etc.;
Section 56Interpretation etc. of Part II.
In Part VI
Section 108(1) so far as it relates to paragraphs 13, 14 and 15 of Schedule 3.Minor and consequential amendments of enactments.

Patrick Jenkin

Secretary of State for the Environment

19th June 1984

Nicholas Edwards

Secretary of State for Wales

21st June 1984

George Younger

Secretary of State for Scotland

22nd June 1984

EXPLANATORY NOTE

This order brings into force on 4th July 1984 in England, Wales and Scotland certain provisions of Part II (Pollution of Water) of the Control of Pollution Act 1974. The provisions in question relate principally to consents for discharges of effluent or other matter and to appeals to the Secretary of State against the unreasonable withholding of consent, or against unreasonable terms contained in notices revoking or modifying a consent, or questioning the reasonableness of the period specified in any such notice. Other provisions brought into force by the order are concerned with public participation in the consent procedure, and the modification of Part II in relation to discharges by water authorities and, in Scotland, islands Councils.

The order also brings into force in Scotland sections 49 and 56 of the Act, which are already in force in England and Wales, and certain other provisions making minor and consequential amendments of enactments.

The Control of Pollution Act 1974 (Commencement No. 15) Order 1983 (S.I. 1983/1175), which was initially incorrectly numbered, is amended so as to make it number

“16”.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

ProvisionDate of CommencementS.I. No.
s.109 (England, Wales, Scotland, Northern Ireland)
ss.104, 105 (England, Wales, Scotland)
ss.43, 44, 95, 107 and 108(1) (partially) (England, Wales)12th December 19741974/2039
s.108(1) and (2) (both partially) (England, Wales, Scotland)1st January 19751974/2169
s.108(2) (partially) (Scotland)3rd March 19751975/230
ss.75, 77, 100, 101 (England, Wales, Scotland, Northern Ireland)
s.12(5) (partially), ss.25, 29, 30, 78, 99, 102, 103, 108(2) (partially), Sch.2 (England, Wales, Scotland)
s.12(6) and (7) (partially), ss.17, 19–21, 26, 27(1)(a) and (2), 28 (partially), 49, 50, 56–74, Sch.1, 76, 79–87, 89–94, 96–8, 108(1) and (2) (both partially), 108(3), Sch.3 (partially), Sch.4 (partially) (England, Wales)
s.106 (Scotland)1st January 19761975/2118
ss.3–11, 16, 18(1) and (2), 22, 23, 88, Sch.3 (partially) Sch.4 (partially) (England, Wales)14th June 19761976/731
ss.108(1) and (2) (both partially) (England, Wales)20th July 19761976/956
s.17 (partially), s.27(1)(a) and (2), ss.57(a), 58 (partially), 59, 62, 68, 69 (partially), 70, 71(1) and (3), 72, 73 (partially), 74, 76, 84, 85, 87, 89–93, 94 (partially), 96, 98, 108(1) and (2) (both partially), 108(3), Sch.3 (partially), Sch.4 (partially) (Scotland)18th July 19761976/1080
ss.12(5), 14(9), (10), (11), 108(2) (partially), Sch.4 (partially) (England)1st April 19771977/336
ss.24(4) (England, Wales, Scotland), s.108(2) (partially), Sch.4 (partially) (England, Wales)1st April 19771977/476
ss.3–11, 16, 17(3)(a), 18(1) and (2), 20, 88 (Scotland)1st January 19781977/1587
s.2 (England, Wales)1st July 19781977/2164
s.2 (Scotland)1st September 19781978/816
s.13 (partially) (England, Wales)1st August 19781978/954
s.108(2) (partially) (England, Wales, Scotland)16th March 19811981/196
ss.57(b), 58(6), 58(8) (partially), 60, 61, 63–67, 69 (partially), 71(2), 73 (partially), 79–83 (Scotland)1st August 19821982/624
s.32(3) (England, Wales, Scotland)1st August 19831983/1175

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