C4C5Part VI Miscellaneous and general
Pt. VI (ss. 99-109): certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 2
Pt. VI (ss. 99-109) modified 10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2
General
104 Orders and regulations.
1
Any power conferred by this Act (except sections . . . F1, 63 and 65(6)) to make an order or regulations—
a
includes power to make different provision by the order or regulations for different circumstances and to include in the order or regulations such incidental, supplemental and transitional provisions as the person making the order or regulations considers appropriate in connection with the order or regulations; and
b
shall be exercisable by statutory instrument except in the case of the powers conferred by section 97 of this Act;
and any statutory instrument made by virtue of this subsection, except an instrument containing only regulations made by virtue of section 18 of this Act or an order made by virtue of F2section 33(4), 44(5), 52, 53 or 109(2)F2section 44(5) or 109(2) of this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
2
No regulations shall be made by virtue of section 18 of this Act and no order shall be made by virtue of section 52 F3or 53 of this Act unless a draft of the regulations or order has been approved by a resolution of each House of Parliament.
F43
It shall be the duty of the Secretary of State, before he makes any regulations in pursuance of section 31(5) of this Act—
a
to publish in the London Gazette and in at least one newspaper circulating in the area in question a copy of the proposed regulations and a notice specifying—
i
A period of not less than twenty-eight days, beginning with the date on which the notice is first published, within which objections to the proposed regulations may be made, and
ii
the person to whom such objections may be made; and
b
to consider any objections to the proposed regulations which are made within that period and, if such an objection is so made by a prescribed person and is not withdrawn, to cause a local inquiry to be held in pursuance of section 96 of this Act with respect to the proposed regulations;
and the Secretary of State may, after considering any such objections as are mentioned in paragraph (b) of this subsection and the report of any person appointed to hold a local inquiry with respect to the proposed regulations, make the regulations either in the form in which a copy of them was published in pursuance of this subsection or in that form with such modifications as he considers appropriate.
105 Interpretation etc—general.
1
In this Act—
F5 “the Alkali Act” means the M1Alkali, &c. Works Regulation Act 1906;
“county” F6 county borough and “district”, except in relation to Scotland, have the same meanings as in the M2Local Government Act 1972;
“mine” and “quarry” have the same meanings as in the M3Mines and Quarries Act 1954;
“modifications” includes additions, omissions and amendments and “modify” and cognate expressions shall be construed accordingly;
“notice” means notice in writing;
“owner”, except in relation to Scotland, means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises were let at a rackrent;
“premises” includes land;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State;
F7“road” (except where the context otherwise requires) has the same meaning as in the F8Part IV of the New Roads and Street Works Act 1991:
“roads authority” has the same meaning as in the Roads (Scotland) Act 1984;F9 “SEPA” means the Scottish Environment Protection Agency;
“trade effluent” includes any liquid (either with or without particles of matter in suspension in it) which is discharged from premises used for carrying on any trade or industry, other than surface water and domestic sewage, and for the purposes of this definition on any premises wholly or mainly used (whether for profit or not) for agricultural or horticultural purposes or for scientific research or experiment shall be deemed to be premises used for carrying on a trade; and
“vessel” includes a hovercraft within the meaning of the M4Hovercraft Act 1968.
2
Except so far as this Act expressly provides otherwise and subject to the provisions of F10section 18 of the M5Interpretation Act 1978 (which relates to offences under two or more laws), nothing in this Act—
a
confers a right of action in any civil proceedings (other than the proceedings for the recovery of a fine) in respect of any contravention of this Act or an instrument made in pursuance of this Act;
b
Affects any restriction imposed by or under any other enactment, whether public, local or private; or
c
derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.
C13
In so far as any interest in Crown land is not an interest belonging to Her Majesty or a Crown interest or a Duchy interest, this Act shall apply to the land as if it were not Crown land; and expressions used in this subsection and F11subsection (1) of section 293 of the Town and Country Planning Act 1990 or, in relation to Scotland, F12subsections (1) to (3) of section 242 of the Town and Country Planning (Scotland) Act 1997 have the same meanings in this subsection as in that subsection.
4
References in this Act to any enactment are references to it as amended by or under any other enactment.
106 General application to Scotland.
1
The provisions of this section shall, in addition to any express provision for the application to Scotland of any provision of this Act, have effect for the general application of this Act to Scotland.
F132
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F143
In this Act “region”, “district”, “regional council”, “islands council” and “district council” have respectively the same meanings as in the M6Local Government (Scotland) Act 1973.
F154
Any reference in this Act to a highway shall, unless the contrary intention appears, include a reference to any public right of way.
5
Any question which is required by any provision of this Act to be determined by arbitration shall be determined by a single arbiter appointed, in default of agreement between the parties concerned, by the Secretary of State on the application of any of the parties.
6
For any reference in this Act to a magistrates’ court there shall be substituted a reference to the sheriff.
7
For any reference in this Act to a port health authority there shall be substituted a reference to a port local authority constituted under Part X of the M7Public Health (Scotland) Act 1897.
8
For any reference in this Act to the London Gazette there shall be substituted a reference to the Edinburgh Gazette.
9
In this Act “owner” means the person for the time being entitled to receive or who would, if the same were let, be entitled to receive, the rents of the premises in connection with which the word is used and includes a trustee, factor, tutor or curator, and, in the case of public or municipal property, includes the persons to whom the management thereof is entrusted.
C2107 Application to Isles of Scilly.
This Act shall have effect in its application to the Isles of Scilly with such modifications as the Secretary of State may by order specify, and the Secretary of State may by order vary or revoke any order previously made in pursuance of this section.
108 Minor and consequential amendments of enactments, and repeals.
X11
The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments there specified (which are minor amendments and amendments consequential on provisions of this Act).
X12
The enactments mentioned in the first and second columns of Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
3
The Secretary of State may by order repeal or amend any provision of any local Act passed before this Act (including an Act confirming a provisional order) or of any order or other instrument made under an Act so passed if it appears to him that the provision is inconsistent with, or has become unnecessary or requires alteration in consequence of, any provision of this Act or corresponds to any provision repealed by this Act or relates to trade effluent.
109 Short title, commencement and extent.
1
This Act may be cited as the Control of Pollution Act 1974.
P12
This Act shall come into force on such day as the Secretary of State may by order appoint; and—
C3a
without prejudice to the generality of section 104(1)(a) of this Act, different days may be appointed in pursuance of this subsection for different provisions of this Act and for such different purposes of the same provision as may be specified in the order;
C3b
Any provision appointing a day in pursuance of this subsection may be revoked or varied by an order made by the Secretary of State which comes into force before that day.
3
This Act, except sections. . . F16100 and 101 and this section, does not extend to Northern Ireland.
Pt. VI (ss. 99-109): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2
Pt. VI (ss. 99-109) modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2