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 1 | Column 2 |
|---|---|
| Provisions of the Act | Subject matter of provisions |
| In Part II | |
| Section 31(1) so far as it defines “relevant waters” for the purposes of Part II | Meaning of “relevant waters”; |
| Section 34, except subsection (3) | Consents for discharges of trade and sewage effluent etc; |
| Section 35 | Reference to Secretary of State of certain applications for consent; |
| Section 36 | Provisions supplementary to sections 34 and 35; |
| Section 37 | Revocation 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 40 | Transitional provisions relating to consents; |
| Section 42 | Power of Secretary of State to exempt applications, consents and conditions etc. from publicity; |
| Section 54 | Exclusion of certain liability in respect of discharges etc. with consent; |
| Section 55 | Discharges by water authorities. |
PART IIENGLAND AND WALES
| Column 1 | Column 2 |
|---|---|
| Provisions of the Act | Subject 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 1 | Column 2 |
|---|---|
| Provisions of the Act | Subject matter of provisions |
| In Part II | |
| Section 49 | Deposits and vegetation in rivers etc.; |
| Section 56 | Interpretation 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
| Provision | Date of Commencement | S.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 1974 | 1974/2039 |
| s.108(1) and (2) (both partially) (England, Wales, Scotland) | 1st January 1975 | 1974/2169 |
| s.108(2) (partially) (Scotland) | 3rd March 1975 | 1975/230 |
| 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 1976 | 1975/2118 |
| ss.3–11, 16, 18(1) and (2), 22, 23, 88, Sch.3 (partially) Sch.4 (partially) (England, Wales) | 14th June 1976 | 1976/731 |
| ss.108(1) and (2) (both partially) (England, Wales) | 20th July 1976 | 1976/956 |
| 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 1976 | 1976/1080 |
| ss.12(5), 14(9), (10), (11), 108(2) (partially), Sch.4 (partially) (England) | 1st April 1977 | 1977/336 |
| ss.24(4) (England, Wales, Scotland), s.108(2) (partially), Sch.4 (partially) (England, Wales) | 1st April 1977 | 1977/476 |
| ss.3–11, 16, 17(3)(a), 18(1) and (2), 20, 88 (Scotland) | 1st January 1978 | 1977/1587 |
| s.2 (England, Wales) | 1st July 1978 | 1977/2164 |
| s.2 (Scotland) | 1st September 1978 | 1978/816 |
| s.13 (partially) (England, Wales) | 1st August 1978 | 1978/954 |
| s.108(2) (partially) (England, Wales, Scotland) | 16th March 1981 | 1981/196 |
| ss.57(b), 58(6), 58(8) (partially), 60, 61, 63–67, 69 (partially), 71(2), 73 (partially), 79–83 (Scotland) | 1st August 1982 | 1982/624 |
| s.32(3) (England, Wales, Scotland) | 1st August 1983 | 1983/1175 |