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The Control of Pollution (Discharges by Islands Councils) (Scotland) Regulations 1993

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Consents of discharges

42.—(1) If an islands council which proposes to make or has made an application to the Secretary of State for any consent in pursuance of section 34 of this Act (hereafter in this subsection referred to as “the relevant application”)–

(a)applies to the Secretary of State within a prescribed period for a certificate providing that section 36(1) of this Act and paragraphs (b) to (d) of subsection (1) of the preceding section shall not apply to the relevant application or to any consent given or conditions imposed in consequence of the relevant application or to any sample of effluent taken from a discharge for which consent is given in consequence of the relevant application or to information produced by analysis of such a sample; and

(b)satisfies the Secretary of State that it would–

(i)prejudice to an unreasonable degree some private interest by disclosing information about a trade secret, or

(ii)be contrary to the public interest,

if a certificate were not issued in pursuance of his application to the Secretary of State,

  • the Secretary of State may issue a certificate to that council providing that section 36(1) of this Act and those paragraphs shall not apply to such of the things mentioned in paragraph (a) of this subsection as are specified in the certificate.

(2) If an islands council which is making or proposes to make a discharge which is the subject of a consent given in pursuance of the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965–

(a)applies to the Secretary of State for a certificate providing that subsection (1)(c) or (d) of the preceding section shall not apply to the consent or any conditions to which the consent is subject or any sample of effluent taken from a discharge to which the consent relates or any information produced by analysis of such a sample; and

(b)satisfies the Secretary of State as mentioned in paragraph (b) of the preceding subsection,

the Secretary of State may issue a certificate to that council providing that the said subsection (1)(c) or (d) shall not apply to such of the things mentioned in paragraph (a) of this subsection as are specified in the certificate.

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