Status: This version of this Act contains provisions that are prospective.

Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Control of Pollution Act 1974

1974 CHAPTER 40

An Act to make further provision with respect to waste disposal, water pollution, noise,
atmospheric pollution and public health; and for purposes connected with the matters
aforesaid. [31st July 1974]

Extent Information
E1 Act applies to Great Britain with exceptions, see s. 109.

Modifications etc. (not altering text)

C1 Power to transfer certain functions conferred (E.W.) by Public Health (Control of Disease) Act 1984
(c. 22, SIF 100:1), s. 7(3)(a)(4)(g)
Transfer of certain functions (1.4.1996) by 1995 c. 25, s. 2(1)(c) (with ss. 115, 117); S.I. 1996/186, art.
3
C2 Act: Transfer of functions (except s. 102(2)) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
C3 Act modified (E.W.S.) (31.5.2007) by The St Marys (Isles of Scilly) Harbour Revision Order 2007
(S.I. 2007/1554), art. 17 (with arts. 19, 20)
C4 Act modified (17.3.2010) by The Harwich Parkeston Quay Harbour Revision Order 2010 (S.I.
2010/626), art. 10 (with art. 20)

PART I

WASTE ON LAND

Modifications etc. (not altering text)

C5 Part I (ss.1–30): power to transfer functions conferred by Local Government Act 1985 (c. 51, SIF
81:1), s. 10(4)
Pt. I (ss. 1-30) applied (with modifications) (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para.
10 (as amended (15.5.2006) by S.I. 2006/937, reg. 6(10)(b))
C6 Pt. I (ss. 1-30) modified (1.2.1996) by 1995 c. 25, s. 5(5)(c) (with ss. 115, 117); S.I. 1996/186, art. 2
Pt. I modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
2 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Waste disposal arrangements

F1
1 ................................

Textual Amendments
F1 S. 1 repealed (1.5.1994) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt.
II; S.I. 1994/1096, art. 2(1)

Waste disposal plans

F2
2 ................................

Textual Amendments
F2 S. 2 repealed (31.5.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16
Pt. II, S.I. 1991/1319, art. 2

Licensing of disposal of controlled waste.

[F33 Prohibition of unlicensed disposal of waste.

(1) Except in prescribed cases, a person shall not—
(a) deposit controlled waste on any land or cause or knowingly permit controlled
waste to be deposited on any land; or
(b) use any plant or equipment, or cause or knowingly permit any plant or
equipment to be used, for the purpose of disposing of controlled waste or of
dealing in a prescribed manner with controlled waste,
unless the land on which the waste is deposited or, as the case may be, which forms the
site of the plant or equipment is occupied by the holder of a licence issued in pursuance
of section 5 of this Act (in this Part of this Act referred to as a “disposal licence”)
which authorises the deposit or use in question and the deposit or use is in accordance
with the conditions, if any, specified in the licence.
(2) Except in a case falling within the following subsection, a person who contravenes
any of the provisions of the preceding subsection shall, subject to subsection (4) of
this section, be guilty of an offence and liable on summary conviction to a fine of an
amount not exceeding £400 or on conviction on indictment to imprisonment for a term
not exceeding two years or a fine or both.
(3) A person who contravenes paragraph (a) of subsection (1) of this section in a case
where—
(a) the waste in question is of a kind which is poisonous, noxious or polluting; and
(b) its presence on the land is likely to give rise to an environmental hazard; and
(c) it is deposited on the land in such circumstances or for such a period that
whoever deposited it there may reasonably be assumed to have abandoned
Control of Pollution Act 1974 (c. 40) 3
Part I – Waste on land
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in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

it there or to have brought it there for the purpose of its being disposed of
(whether by himself or others) as waste,
shall, subject to the following subsection, be guilty of an offence and liable on
summary conviction to imprisonment for a term not exceeding six months or a fine
not exceeding £400 or both or, on conviction on indictment, to imprisonment for a
term not exceeding five years or a fine or both.
(4) It shall be a defence for a person charged with an offence under this section to prove—
(a) that he—
(i) took care to inform himself, from persons who were in a position to
provide the information, as to whether the deposit or use to which
the charge relates would be in contravention of subsection (1) of this
section, and
(ii) did not know and had no reason to suppose that the information given
to him was false or misleading and that the deposit or use might be
in contravention of that subsection; or
(b) that he acted under instructions from his employer and neither knew nor had
reason to suppose that the deposit or use was in contravention of the said
subsection (1); or
(c) in the case of an offence of making, causing or permitting a deposit or use
otherwise than in accordance with conditions specified in a disposal licence,
that he took all such steps as were reasonably open to him to ensure that the
conditions were complied with; or
(d) that the acts specified in the charge were done in an emergency in order to
avoid danger to the public and that, as soon as reasonably practicable after
they were done, particulars of them were furnished to the disposal authority
in whose area the acts were done.
[ In this section and subsections (5) and (6) of the following section “land” includes land
F4
(5) covered with waters where the land is above the low-water mark of ordinary spring
tides and the waters are not inland waters (within the meaning of Chapter I of Part III
of the Water Act 1989).]]

Textual Amendments
F3 S. 3 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I.
1994/1096, art. 3, 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act
1990 (c. 43), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2
and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)
F4 S. 3(5) inserted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(2), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Modifications etc. (not altering text)

C7 Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I.
1995/2649, art. 2
C8 S. 3(1) excluded (E.W.) (1.4.1991) and (S.) (1.4.1992) by S.I. 1991/508, reg. 2(1).
C9 S. 3(1) modified (27.7.1999) by 1999 c. 24, s. 4(6)(a)
4 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

[F54 Provisions supplementary to s. 3.

(1) Where activities for which a disposal licence is required apart from this subsection
have been carried on on any land during the period of six months ending with the
date when subsection (1) of the preceding section comes into force, nothing in that
subsection shall apply to the carrying on of those activities on the land during the
period of one year beginning with that date and, where at the end of that period an
appeal is pending in pursuance of section 10 of this Act against a rejection of an
application for a disposal licence in respect of those activities on the land or against
a decision to issue such a licence which specifies conditions, until the appeal is
determined.
(2) Nothing in subsection (1) of the preceding section applies to household waste from a
private dwelling which is deposited, disposed of or dealt with within the curtilage of
the dwelling by or with the permission of the occupier of the dwelling.
(3) It shall be the duty of the Secretary of State, in exercising the power conferred on him
by subsection (1) of the preceding section to prescribe excepted cases, to have regard
in particular to the expediency of excluding from the controls imposed by virtue of
that subsection—
(a) any deposits which are small enough to be properly excluded from those
controls or are of such a temporary nature that they may be so excluded;
(b) any uses of plant or equipment which are innocuous enough to be so excluded;
(c) cases for which adequate controls are provided by an enactment other than
that subsection;
and without prejudice to the generality of section 104(1)(a) of this Act the said power
may be so exercised as to prescribe different excepted cases for different areas.
F6
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) For the purposes of subsection (3) of the preceding section—
(a) the presence of waste on land gives rise to an environmental hazard if the
waste has been deposited in such a manner or in such a quantity (whether that
quantity by itself or cumulatively with other deposits of the same or different
substances) as to subject persons or animals to a material risk of death, injury
or impairment of health or as to threaten the pollution (whether on the surface
or underground) of any water supply; and
(b) the fact that waste is deposited in containers shall not of itself be taken to
exclude any risk which might be expected to arise if the waste were not in
containers.
(6) In the case of any deposit of waste, the degree of risk relevant for the purposes of the
preceding subsection shall be assessed with particular regard—
(a) to the measures, if any, taken by the person depositing the waste, or by the
owner or occupier of the land, or by others, for minimising the risk; and
(b) to the likelihood of the waste, or any container in which it is deposited, being
tampered with by children or others.]

Textual Amendments
F5 S. 4 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I.
1994/1096, art. 3, 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act
Control of Pollution Act 1974 (c. 40) 5
Part I – Waste on land
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

1990 (c. 43), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2
and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)
F6 S. 4(4) repealed (E.W.) by Water Act 1989 (c. 15), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163,
189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

Modifications etc. (not altering text)

C10 Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I.
1995/2649, art. 2

[F75 Licences to dispose of waste.

(1) An application for a disposal licence in respect of any land in the area of a disposal
authority must be made in writing to the authority F8. . .
(2) A disposal licence shall not be issued for a use of land, plant or equipment for which
planning permission is required in pursuance of [F9the Town and Country Planning
Act 1990] or, in Scotland, [F10the Town and Country Planning (Scotland) Act 1997]
unless such permission is in force; F8. . .
(3) [F11Where an application has been received] for a disposal licence for a use of land,
plant or equipment for which such planning permission as aforesaid is in force, it
shall be the duty of [F11the appropriate Agency] not to reject the application unless
[F11that Agency] is satisfied that its rejection is necessary for the purpose of preventing
pollution of water or danger to public health.
(4) Where [F12the appropriate Agency] proposes to issue a disposal licence, it shall be the
duty of [F12that Agency] before it does so—
[ to refer the proposal to any collection authority whose area includes any part
F13
(a) of the relevant land; and]
(b) to consider any representations about the proposal which, during the period of
twenty-one days beginning with that on which the proposal is received by a
body F8. . . mentioned in paragraph (a) of this subsection or during such longer
period as [that Agency] and that body F8. . . agree in writing, [F12that Agency]
receives from that body F8. . . (including in particular any representations about
the conditions which that body F8. . . considers should be specified in the
licence);
F14
...
F15
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) A person who, in an application for a disposal licence, makes any statement which
he knows to be false in a material particular or recklessly makes any statement
which is false in a material particular shall be guilty of an offence and liable on
summary conviction to a fine not exceeding £400 or on conviction on indictment to
imprisonment for a term not exceeding two years or a fine or both.]

Textual Amendments
F7 S. 5 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I.
1994/1096, art. 3, 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act
1990 (c. 43), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2
and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)
F8 Words repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. II
6 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
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19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F9 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2
para. 31(1)
F10 Words in s. 5(2) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 23
F11 Words in s. 5(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), SCh. 22 para. 19(2)(a)(b) (Sch. 22
para. 19 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I.
1996/186, art. 3
F12 Words in s. 5(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 19(3)(a)(b)(d) (Sch.
22 para. 19 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I.
1996/186, art. 3
F13 S. 5(4)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 19(3)(c) (Sch. 22 para. 19
isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art.
3
F14 Words following s. 5(4)(b) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 19(3)(e), Sch.
24 (Sch. 22 para. 19 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115,
117); S.I. 1996/186, art. 3
F15 S. 5(5) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 19(4), Sch. 24 (Sch. 22 para. 19
isprospectively repealed by Sch. 24 of the same 1995 Act)(with ss. 7(6), 115, 117); S.I. 1996/186, art.
3

Modifications etc. (not altering text)

C11 Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I.
1995/2649, art. 2
C12 S. 5(2) modified (E.W.) by Town and Country Planning Act 1990 (c. 8), s. 191(7)(b) (as substituted
(25.11.1991 for specified purposes, 27.7.1992 otherwise) by Planning and Compensation Act 1991
(c. 34), s. 10(1) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/1630, art. 2 (with art. 3)
C13 S. 5(2) modified (S.) by Town and Country Planning (Scotland) Act 1972 (c. 52), s. 90(7)(b) (as
substituted (10.8.1992 for specified purposes, 25.9.1992 otherwise) by Planning and Compensation
Act 1991 (c. 34), ss. 42(1), 84(2) (with s. 84(5)); S.I. 1992/1937, arts. 3, 4 (with art. 5))
S. 5(2) extended (27.5.1997) (S.) by 1997 c. 8, ss. 150(7)(b), 278(2)

[F166 Provisions supplementary to s. 5.

(1) Provision may be made by regulations . . . F17 as to the conditions specified in a disposal
licence which shall be disregarded for the purposes of sections 3(1) and 31(2)(a) of
this Act.
(2) . . . F17, a disposal licence may include such conditions as [F18the appropriate Agency]
sees fit to specify in the licence; and without prejudice to the generality of the
preceding provisions of this subsection, any such conditions may relate to—
(a) the duration of the licence;
(b) the supervision by the holder of the licence of activities to which the licence
relates;
(c) the kinds and quantities of waste which may be dealt with in pursuance of the
licence or which may be so dealt with during a specified period, the methods
of dealing with them and the recording of information relating to them;
(d) the precautions to be taken on any land to which the licence relates;
(e) the steps to be taken with a view to facilitating compliance with any conditions
of such planning permission as is mentioned in subsection (2) of the preceding
section;
(f) the hours during which waste may be dealt with in pursuance of the licence;
and
Control of Pollution Act 1974 (c. 40) 7
Part I – Waste on land
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(g) the works to be carried out, in connection with the land, plant or equipment
to which the licence relates, before the activities authorised by the licence are
begun or while they are continuing;
and it is hereby declared that a condition may require the carrying out of works or the
doing of any other thing which [F18that Agency] considers appropriate in connection
with the licence notwithstanding that the licence holder is not entitled as of right to
carry out the works or do the thing.
(3) The holder of a disposal licence who without reasonable excuse contravenes a
condition of the licence which in pursuance of regulations made by virtue of
subsection (1) of this section is to be disregarded for the purposes mentioned in that
subsection shall be guilty of an offence and liable on summary conviction to a fine not
exceeding [F19level 5 on the standard scale]; but no proceedings for such an offence
shall be brought in England and Wales except by or with the consent of the Director
of Public Prosecutions or by [F20the Environment Agency].
(4) It shall be the duty of [F21the Environment Agency and of SEPA]—
F22
[ to maintain a register containing copies of all disposal licences which are for
(a) the time being in force in respect of land in England and Wales or, as the case
may be, Scotland;]
(b) to secure that the register is open to inspection . . . F23 by members of the public
free of charge at all reasonable hours; and
(c) to afford members of the public reasonable facilities for obtaining from [F21that
Agency], on payment of reasonable charges, copies of entries in the register.
(5) If within the period of two months beginning with the date on which [F24a duly made
application for a disposal licence was received], or within such longer period as
[F24the appropriate Agency] and the applicant may at any time agree in writing, [F24the
appropriate Agency] has neither issued a licence in consequence of the application nor
given notice to the applicant that [F24that Agency] has rejected the application, [F24that
Agency] shall be deemed to have rejected the application.
(6) References to land in the preceding section and this section include such water as is
mentioned in section 4(4) of this Act.]

Textual Amendments
F16 S. 6 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I.
1994/1096, art. 3, 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act
1990 (c. 43), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2
and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)
F17 Words repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. II
F18 Words in s. 6(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 20(2)(a)(b) (Sch. 22
para. 20 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I.
1996/186, art. 3
F19 Words “level 5 on the standard scale”substituted (11.4.1983) for words “£400”by virtue of (E.W.)
Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21),
ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)
F20 Words in s. 6(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 20(3) (Sch. 22 para. 20
isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art.
3
8 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F21 Words in s. 6(4) and (4)(c) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 20(4)(a) and
(c) (Sch. 22 para. 20 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115,
117); S.I. 1996/186, art. 3
F22 S. 6(4)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 20(4)(b) (Sch. 22 para. 20
isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art.
3
F23 Words in s. 6(4)(b) omitted (1.4.1996) by S.I. 1996/593, art. 3, Sch. 2 para. 2
F24 Words in s. 6(5) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 20(5)(a)(b)(c) (Sch.
22 para. 20 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I.
1996/186, art. 3

Modifications etc. (not altering text)

C14 Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I.
1995/2649, art. 2

[F257 Variation of conditions and revocation of licences.

(1) While a disposal licence. . . F26 is in force, then—
(a) subject to any regulations in force by virtue of subsection (1) of the preceding
section, [F27the appropriate agency] may—
(i) on its own initiative, serve a notice on the holder of the licence
modifying the conditions specified in the licence to any extent which,
in the opinion of [F27that agency], is desirable and is unlikely to require
unreasonable expenditure by the licence holder, and
(ii) on the application of the licence holder, serve a notice on him
modifying the said conditions to the extent requested in the
application;
and
(b) it shall be the duty of [F27that agency] to serve a notice on the licence holder
modifying the conditions specified in the licence—
(i) subject to subsection (4) of this section, to the extent which in the
opinion of the authority is required for the purpose mentioned in
section 9(1)(a) of this Act, and
(ii) to the extent required by any regulations in force as aforesaid.
(2) Subsection (4) . . . F28of section 5 of this Act shall with the necessary modifications
apply to a proposal to serve a notice in pursuance of paragraph (a) or paragraph (b)
(i) of the preceding subsection as it applies to a proposal to issue a disposal licence,
except that—
[ the Environment Agency or SEPA, as the case may be, may postpone the
F29
(a) reference in pursuance of the said subsection (4) so far as it considers that by
reason of an emergency it is appropriate to do so; and
(b) the Environment Agency or SEPA, as the case may be, may disregard any
collection authority for the purposes of the preceding provisions of this
subsection in relation to a modification which, in the opinion of that Agency,
will not affect that authority.]
(3) Section 5(6) of this Act shall apply to an application in pursuance of subsection (1)(a)
(ii) of this section as it applies to an application for a disposal licence.
Control of Pollution Act 1974 (c. 40) 9
Part I – Waste on land
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(4) Where a disposal licence. . . F30is in force and it appears to [F31the appropriate
Agency]—
(a) that the continuation of activities to which the licence relates would cause
pollution of water or danger to public health or would be so seriously
detrimental to the amenities of the locality affected by the activities that the
continuation of them ought not to be permitted; and
(b) that the pollution, danger or detriment cannot be avoided by modifying the
conditions specified in the licence,
it shall be the duty of [F31that Agency] by a notice served on the holder of the licence
to revoke the licence.
(5) A notice served in pursuance of this section shall state the time at which the
modification or revocation in question is to take effect.]

Textual Amendments
F25 S. 7 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I.
1994/1096, art. 3, 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act
1990 (c. 43), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2
and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)
F26 Words in s. 7(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 21(2)(a), Sch. 24 (Sch.
22 para. 21 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I.
1996/186, art. 3
F27 Words in s. 7(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 21(2)(b) (Sch. 22 para.
21 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3
F28 Words in s. 7(2) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 21(3)(a), Sch. 24 (Sch.
22 para. 21 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I.
1996/186, art. 3
F29 S. 7(2)(a)(b) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 21(3)(b) (Sch. 22 para. 21
isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art.
3
F30 Words in s. 7(4) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 21(4)(a), Sch. 24 (Sch.
22 para. 21 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I.
1996/186, art. 3
F31 Words in s. 7(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 21(4)(b) (Sch. 22 para.
21 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3

Modifications etc. (not altering text)

C15 S. 7 modified (27.7.1999) by 1999 c. 24, s. 4(6)(b)
C16 Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I.
1995/2649, art. 2

[F328 Transfer and relinquishment of licences.

(1) The holder of a disposal licence may, after giving notice to [F33the appropriate Agency]
that he proposes to transfer it on a day specified in the notice to a person whose name
and address are so specified, transfer the licence to that person; but a licence in respect
of which such a notice is given shall cease to have effect on the expiration of the period
of ten weeks beginning with the date on which [F33that Agency] receives the notice if
10 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

during the period of eight weeks beginning with that date [F33that Agency] gives notice
to the transferee that it declines to accept him as the holder of the licence.
(2) If by operation of law the right of the holder of a disposal licence to occupy the relevant
land is transferred to some other person, that person shall be deemed to be the holder
of the licence during the period of ten weeks beginning with the date of the transfer.
(3) Except as provided by the preceding provisions of this section, references in this Part
of this Act to the holder of a disposal licence are references to the person to whom
the licence was issued.
(4) The holder of a disposal licence may cancel the licence by delivering it to [F34the
appropriate Agency] and giving notice to [F34that Agency] that he no longer requires
the licence.]

Textual Amendments
F32 S. 8 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I.
1994/1096, art. 3, 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act
1990 (c. 43), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2
and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)
F33 Words in s. 8(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 22(2) (Sch. 22 para. 22
isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art.
3
F34 Words in s. 8(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 22(3) (Sch. 22 para. 22
isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art.
3

Modifications etc. (not altering text)

C17 Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I.
1995/2649, art. 2

[F359 Supervision of licensed activities.

(1) While a disposal licence is in force it shall be the duty of [F36the appropriate Agency]
to take the steps needed—
(a) for the purpose of ensuring that the activities to which the licence relates do
not cause pollution of water or danger to public health or become seriously
detrimental to the amenities of the locality affected by the activities; and
(b) for the purpose of ensuring that the conditions specified in the licence are
complied with.
(2) For the purpose of performing the duty which is imposed on [F37the Environment
Agency or SEPA, as the case may be,] by the preceding subsection in connection with
a licence, any officer of [F37that Agency] authorised in writing in that behalf by [F37that
Agency] may, if it appears to him that by reason of an emergency it is necessary to
do so, carry out work on the relevant land and on any plant or equipment to which
the licence relates.
(3) Where [F38the Environment Agency or SEPA] incurs any expenditure by virtue of
the preceding subsection, [F39it] may recover the amount of the expenditure from
the holder of the disposal licence in question, or if the licence has been revoked or
cancelled from the last holder of it, except where the holder or last holder of the
Control of Pollution Act 1974 (c. 40) 11
Part I – Waste on land
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

licence shows that there was no emergency requiring any work or except such of the
expenditure as he shows was unnecessary.
(4) Where it appears to [F40the appropriate Agency] that a condition specified in a disposal
licence . . . F41is not being complied with, then, without prejudice to any proceedings
in pursuance of section 3 or 6(3) of this Act in consequence of any failure to comply
with the condition, [F40that Agency] may—
(a) serve on the licence holder a notice requiring him to comply with the condition
before a time specified in the notice; and
(b) if in the opinion of [F40that agency] the licence holder has not complied with
the condition by that time, serve on him a further notice revoking the licence
at a time specified in the further notice.]

Textual Amendments
F35 S. 9 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I.
1994/1096, art. 3, 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act
1990 (c. 43), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2
and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)
F36 Words in s. 9(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(2) (Sch. 22 para. 23
isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art.
3
F37 Words in s. 9(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(3) (Sch. 22 para. 23
isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art,
3
F38 Words in s. 9(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(4)(a) (Sch. 22 para.
23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3
F39 Word in s. 9(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(4)(b) (Sch. 22 para.
23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3
F40 Words in s. 9(4) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 23(5)(a)(c) (Sch. 22
para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I.
1996/186, art. 3
F41 Words in s. 9(4) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 23(5)(b), Sch. 24 (Sch.
22 para. 23 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I.
1996/186, art. 3

Modifications etc. (not altering text)

C18 S. 9 modified (27.7.1999) by 1999 c. 24, s. 4(6)(c)
C19 Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I.
1995/2649, art. 2

[F4210 Appeals to Secretary of State from decisions with respect to licences.

(1) Where—
(a) an application for a disposal licence or a modification of a disposal licence
is rejected; or
(b) a disposal licence which specifies conditions is issued; or
(c) the conditions specified in a disposal licence are modified; or
(d) a disposal licence is revoked,
12 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

the applicant for the licence or, as the case may be, the holder or last holder of it may, in
accordance with regulations, appeal from the decision in question to the Secretary of
State; and where on such an appeal the Secretary of State determines that the decision
is to be altered it shall be the duty of [F43the appropriate Agency] to give effect to the
determination.
(2) While an appeal in pursuance of the preceding subsection is pending in a case falling
within paragraph (c) or (d) of that subsection, the decision in question shall, subject to
the following subsection, be ineffective; and if the appeal is dismissed or withdrawn
the decision shall be effective again from the end of the day on which the appeal is
dismissed or withdrawn.
(3) The preceding subsection shall not apply [F44if the decision in question is a decision]
as respects which the notice relating to the decision which was served on the holder
of the relevant licence in pursuance of section 7 or section 9(4)(b) of this Act includes
a statement that [F44in the opinion of the body making the decision in question] it is
necessary for the purpose of preventing pollution of water or danger to public health
that the preceding subsection should not apply to the decision; but if on the application
of the holder or former holder of the relevant licence the Secretary of State determines
that [F44that body acted] unreasonably in including such a statement in the said notice,
then—
(a) if the appeal in question is still pending at the end of the day on which the
determination is made, the preceding subsection shall apply to the decision
from the end of that day; and
(b) the holder or former holder of the licence shall be entitled to recover
compensation from [F44the appropriate Agency] in respect of any loss suffered
by him in consequence of the statement;
and any dispute as to a person’s entitlement to compensation in pursuance of
paragraph (b) of this subsection or as to the amount of the compensation shall be
determined by arbitration.]

Textual Amendments
F42 S. 10 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by S.I.
1994/1096, art. 3, 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act
1990 (c. 43), s. 162, Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2
and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)
F43 Words in s. 10(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 24(2) (Sch. 22 para. 24
isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S. I. 1996/186, art.
3
F44 Words in s. 10(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 24(3) (Sch. 22 para.
24prospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3

Modifications etc. (not altering text)

C20 Ss. 3-10: functions transferred (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I.
1995/2649, art. 2

F45
11 ................................
Control of Pollution Act 1974 (c. 40) 13
Part I – Waste on land
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Textual Amendments
F45 S. 11(1)-(11) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 25, Sch. 24 (Sch. 22 para.
25 isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3

Collection and disposal of controlled waste

[F4612 Collection of waste.

(1) It shall be the duty of each collection authority—
(a) subject to subsection (3) of this section, to arrange for the collection of all
household waste in its area except waste—
(i) which is situated at a place which in the opinion of the authority
is so isolated or inaccessible that the cost of collecting it would be
unreasonably high, and
(ii) as to which the authority is satisfied that adequate arrangements for
its disposal have been or can reasonably be expected to be made by
a person who controls the waste; and
(b) if requested by the occupier of premises in its area to collect any commercial
waste from the premises, to arrange for the collection of the waste.
(2) Each [F47English county disposal authority]] and each collection authority may, if
requested by the occupier of premises in its area to collect any industrial waste from the
premises, arrange for the collection of the waste; but an English collection authority
shall not be entitled to exercise the powers conferred on it by this subsection except
with the consent of the relevant disposal authority.
(3) No charge shall be made for the collection of household waste in pursuance of the
preceding provisions of this section except in prescribed cases; and in any of those
cases—
(a) the duty to arrange for the collection of the waste in question which is imposed
on the collection authority by subsection (1)(a) of this section shall not arise
until a person who controls the waste requests the authority to collect it; and
(b) the authority may recover a reasonable charge for the collection of the waste
from the person who made the request in respect of it in pursuance of the
preceding paragraph.
(4) A person at whose request waste other than household waste is collected in pursuance
of the preceding provisions of this section shall be liable to pay a reasonable charge
for the collection and disposal of the waste to the authority which arranged for its
collection; and it shall be the duty of that authority to recover the charge unless in the
case of a charge in respect of commercial waste the authority considers it inappropriate
to do so.
(5) It shall be the duty of each collection authority—
(a) to make such arrangements for the emptying of privies serving one or more
private dwellings in its area as the authority considers appropriate and to make
no charge for emptying done in pursuance of the arrangements;
(b) if requested by the person who controls a cesspool serving only one or more
private dwellings in its area to empty the cesspool, to remove such of the
14 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

contents of the cesspool as the authority considers appropriate on payment if

the authority so requires of a reasonable charge;
and a collection authority may, if requested by the person who controls any other
privy or cesspool in its area to empty the privy or cesspool, remove matter from it on
payment as aforesaid.
In this subsection “privy” means a latrine which has a moveable receptacle for faecal
matter and “cesspool” includes a settlement tank or other tank for the reception or
disposal of foul matter from buildings.
(6) An [F48English county disposal authority] and any collection authority may—
(a) construct, lay and maintain, within or outside its area, pipes and associated
works for the purpose of collecting waste in pursuance of this section;
(b) contribute towards the cost incurred by another person in providing or
maintaining pipes or associated works connecting with pipes provided by the
authority in pursuance of the preceding paragraph.
(7) Parts V and VI of Schedule 3 to the M1Water Act 1945 (which relate to the laying of
mains and the breaking up of streets) shall apply in relation to pipes and associated
works provided or to be provided in pursuance of paragraph (a) of the preceding
subsection as those Parts apply in relation to water mains and pipes but as if—
(a) sections 19(4) and 21 of that Schedule (which relate to the erection of street
notices and the laying of service pipes) were omitted, and in section 22 of that
Schedule the words “which they are authorised to lay” were omitted; and
(b) for any reference to undertakers or limits of supply there were substituted
respectively a reference to the authority in question and the area of the
authority; and
(c) for the reference to the special Act in section 25(4) of that Schedule there were
substituted a reference to this subsection;
M2
and the Pipe-lines Act 1962 shall not apply to pipes or associated works provided
or to be provided in pursuance of paragraph (a) of the preceding subsection.
(8) A collection authority may contribute towards the cost incurred by another person in
providing or maintaining plant or equipment intended to deal with household waste
before it is collected under arrangements made by the authority in pursuance of
subsection (1)(a) of this section; and an [F48English county disposal authority] and
any collection authority may contribute towards the cost incurred by another person
in providing or maintaining plant or equipment intended to deal with commercial or
industrial waste before it is collected under arrangements made by the authority in
pursuance of subsection (1)(b) or subsection (2) of this section.
(9) Subject to section 14(1) and (9) of this Act, anything collected under arrangements
made by an authority in pursuance of this section shall belong to the authority and
may be dealt with accordingly.
(10) In the application of this section to Scotland—
(a) in subsection (5), paragraph (b) and the references to a cesspool occurring
later in that subsection shall be omitted;
(b) for subsection (7) there shall be substituted the following subsection:—
(7) Sections 2, 3, 4 and 41 of the M3Sewerage (Scotland) Act 1968 (which relate to the
maintenance etc. of public sewers and other works and the breaking open of streets
etc.) shall apply in relation to pipes and associated works provided or to be provided
Control of Pollution Act 1974 (c. 40) 15
Part I – Waste on land
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

in pursuance of paragraph (a) of the preceding subsection as those sections apply in

relation to public sewers but as if—
(a) the said section 2 conferred a power, and did not impose a duty, on a local
authority to do the things mentioned in that section; and
(b) in the said section 4, the words from “but, before any person” to the end were
omitted;
M4
and the Pipe-lines Act 1962 shall not apply to pipes and associated works provided
or to be provided in pursuance of paragraph (a) of the preceding subsection.
(c) in subsection (9), for the reference to section 14(1) and (9) of this Act there
shall be substituted a reference to section 15(4) of this Act.
(11) References to waste in the preceding provisions of this section include waste on
premises occupied by the Crown but exclude waste as to which the Commissioners
executing the M5Crown Estate Paving Act 1851 (which among other things relates to
premises in the Regent’s Park) make arrangements for its collection; but a disposal
or collection authority shall not be entitled by virtue of this subsection to exercise,
in relation to such premises or waste on such premises, any power conferred on the
authority by virtue of sections 91 to 93 of this Act.

Textual Amendments
F46 S. 12 repealed (1.4.1992) (save in so far as it relates to industrial waste in England and Wales) by
Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1992/266, art. 3.
F47 Words substituted with effect from 1.4.1986 as provided by Local Government Act 1985 (c. 51, SIF
81:1), s. 9, Sch 6 para. 3(2)
F48 Words substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6
para. 3(2)

Modifications etc. (not altering text)

C21 By S.I. 1985/1884, art. 5, Sch. 2 para. 8(a) (which was made under the power in s. 10(1)(3)(6)
(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s.10(7) thereof
was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on
29.12.1985) s. 12(2) shall be modified to have effect as if after “English county disposal authority”
there were inserted “, each London waste disposal authority”, for the words “an English collection
authority” there were substituted the words “a collection authority in England whose area is included
in the area of a disposal authority” and for the words “the relevant disposal authority”there were
substituted “the disposal authority”
C22 By S.I. 1985/1884, art. 5, Sch. 2 para. 8(b) (which was made under the power in s. 10(1)(3)(6)
(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s. 10(3) thereof
was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on
29.12.1985) s. 12(6)(8) shall be modified to have effect as if after “English county disposal authority”
there were inserted “, a London waste disposal authority”

Marginal Citations
M1 1945 c. 42.
M2 1962 c. 58.
M3 1968 c. 47.
M4 1962 c. 58.
M5 1851 c. 95.
16 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

[F4913 Dustbins etc. E+W

[ Where a collection authority has a duty by virtue of subsection (1)(a) of the preceding
F50
(1) section to arrange for the collection of household waste from any premises, the
authority may, by a notice served on the occupier of the premises, require him to place
the waste for collection in receptacles which are of a kind and number reasonably
specified in the notice.
(1A) A person who fails to comply with any of the requirements of such a notice shall
be guilty of an offence and liable on summary conviction to a fine of an amount not
exceeding [F51level 3 on the standard scale]]].
(2) A notice served by an authority in pursuance of the preceding subsection may provide
for the receptacles in question to be provided by the authority free of charge or—
(a) if the recipient of the notice agrees, by the authority on payment by the
recipient of the notice of such a single payment or such periodical payments
as he agrees with the authority; or
(b) by the recipient of the notice if he does not enter into an agreement in
pursuance of the preceding paragraph within a period specified in the notice
or the notice does not propose such an agreement.
(3) Where by virtue of such a notice the recipient of it is required to provide any
receptacles he may within the period of twenty-one days beginning with the last day
of the period specified in the notice in pursuance of paragraph (b) of the preceding
subsection or, where no period is so specified, beginning with the day on which the
notice is served on him, appeal to a magistrates’ court against the notice on the ground
that [F52any requirement specified in] the notice is unreasonable or on the ground that
the receptacles in which household waste in the premises in question is placed for
collection are adequate; and where an appeal against a notice is brought in pursuance
of this subsection—
(a) the notice shall be of no effect pending the determination of the appeal; and
(b) the court shall either quash or modify the notice or dismiss the appeal; and
(c) no question as to whether [F53any requirement] specified in the notice is
unreasonable shall be entertained in any proceedings for an offence under this
section in respect of the notice.
(4) An [F54English disposal authority] and any collection authority may at the request
of any person supply him with receptacles for commercial waste or industrial waste
which he has requested the authority to arrange to collect and shall make a reasonable
charge for any receptacle supplied in pursuance of this subsection unless in the case of
a receptacle for commercial waste the authority considers it appropriate not to make
a charge.
[F55(5) If it appears to a collection authority that there is likely to be situated, on any premises
in its area, commercial waste or industrial waste of a kind which, if the waste is
not stored in receptacles of a particular kind, is likely to cause a nuisance or to be
detrimental to the amenities of the locality in which the premises are situated, the
authority may, by a notice served on the occupier of the premises, require him to
provide at the premises receptacles for the storage of such waste which are of a kind
and number reasonably specified in the notice.
(5A) A person who fails to comply with any requirement specified in a notice shall be guilty
of an offence and liable on summary conviction to a fine of an amount not exceeding
[F51level 3 on the standard scale]].
Control of Pollution Act 1974 (c. 40) 17
Part I – Waste on land
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(6) A person on whom a notice is served in pursuance of the preceding subsection may,
within the period of twenty-one days beginning with the day on which the notice is
served on him, appeal to a magistrates’ court against the notice on the grounds that
[F56any requirement] specified in the notice is unreasonable or that the waste is not
likely to cause a nuisance or be detrimental to the amenities of the locality in which
the premises are situated; and where an appeal against a notice is brought in pursuance
of this subsection, paragraph (a) to (c) of subsection (3) of this section shall apply in
relation to the notice as they apply in relation to such a notice as is mentioned in that
subsection.
[F57(7) A notice under subsection (1) or (5) of this section may make provision with respect
to—
(a) the size, construction and maintenance of receptacles for controlled waste;
(b) the placing of the receptacles on premises for the purpose of facilitating the
emptying of them, and access to the receptacles for that purpose;
(c) the placing of the receptacles for that purpose on highways;
(d) the substances which may and may not be put into the receptacles and the
precautions to be taken where particular substances are put into them; and
(e) the steps to be taken by occupiers of premises for the purposes of facilitating
the collection of waste from receptacles for controlled waste which are
provided in connection with the premises.
(7A) A notice under subsection (1) or (5) of this section shall not require receptacles to be
placed on a highway unless—
(a) the relevant highway authority have given their consent to their being so
placed; and
(b) arrangements have been made as to the liability for any damage arising out
of their being so placed.]
(8) References to receptacles in the preceding provisions of this section include references
to holders for receptacles.

Extent Information
E2 This version of this provision extends to England and Wales only; a separate version has been created
for Scotland only.

Textual Amendments
F49 S. 13 repealed (1.4.1992) (save in so far as it relates to industrial waste in England and Wales) by
Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1992/266, art. 3.
F50 S. 13(1)(1A) substituted for s. 13(1) by Local Government, Planning and Land Act 1980 (c. 65), s.
1(2), Sch. 2 para. 10(1)
F51 Words “level 3 on the standard scale” substituted (11.4.1983) by virtue of (E.W.) Criminal Justice Act
1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as
inserted by Criminal Justice Act 1982 (c. 48), s. 54)
F52 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para.
10(2)(a)
F53 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para.
10(2)(b)
F54 Words substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6
para. 3(2)
18 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F55 S. 13(5)(5A) substituted for s. 13(5) by Local Government, Planning and Land Act 1980 (c. 65), s.
1(2), Sch. 2 para. 10(3)
F56 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para.
10(4)
F57 S. 13(7)(7A) substituted for s. 13(7) by Local Government, Planning and Land Act 1980 (c. 65), s.
1(2), Sch. 2 para. 10(5)

Modifications etc. (not altering text)

C23 By S.I. 1985/1884, art. 5, Sch. 2 para. 9 (which was made under the power in s. 10(1)(3)(6)
(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s. 10(3) thereof
was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on
29.12.1985) s. 13(4) shall be modified to have effect as if after “English county disposal authority”
there were inserted “, a London waste disposal authority”

[F33413 Dustbins etc. S

[ Where a collection authority has a duty by virtue of subsection (1)(a) of the preceding
F335
(1) section to arrange for the collection of household waste from any premises, the
authority may, by a notice served on the occupier of the premises, require him to place
the waste for collection in receptacles which are of a kind and number reasonably
specified in the notice.
(1A) A person who fails to comply with any of the requirements of such a notice shall
be guilty of an offence and liable on summary conviction to a fine of an amount not
exceeding [F336level 3 on the standard scale]]].
(2) A notice served by an authority in pursuance of the preceding subsection may provide
for the receptacles in question to be provided by the authority free of charge or —
(a) if the recipient of the notice agrees, by the authority on payment by the
recipient of the notice of such a single payment or such periodical payments
as he agrees with the authority; or
(b) by the recipient of the notice if he does not enter into an agreement in
pursuance of the preceding paragraph within a period specified in the notice
or the notice does not propose such an agreement.
(3) Where by virtue of such a notice the recipient of it is required to provide any
receptacles he may within the period of twenty-one days beginning with the last day
of the period specified in the notice in pursuance of paragraph (b) of the preceding
subsection or, where no period is so specified, beginning with the day on which the
notice is served on him, appeal to a magistrates’ court against the notice on the ground
that [F337any requirement specified in] the notice is unreasonable or on the ground that
the receptacles in which household waste in the premises in question is placed for
collection are adequate; and where an appeal against a notice is brought in pursuance
of this subsection—
(a) the notice shall be of no effect pending the determination of the appeal; and
(b) the court shall either quash or modify the notice or dismiss the appeal; and
(c) no question as to whether [F338any requirement] specified in the notice is
unreasonable shall be entertained in any proceedings for an offence under this
section in respect of the notice.
(4) An [F339English disposal authority] and any collection authority may at the request
of any person supply him with receptacles for commercial waste or industrial waste
which he has requested the authority to arrange to collect and shall make a reasonable
Control of Pollution Act 1974 (c. 40) 19
Part I – Waste on land
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in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

charge for any receptacle supplied in pursuance of this subsection unless in the case of
a receptacle for commercial waste the authority considers it appropriate not to make
a charge.
[F340(5) If it appears to a collection authority that there is likely to be situated, on any premises
in its area, commercial waste or industrial waste of a kind which, if the waste is
not stored in receptacles of a particular kind, is likely to cause a nuisance or to be
detrimental to the amenities of the locality in which the premises are situated, the
authority may, by a notice served on the occupier of the premises, require him to
provide at the premises receptacles for the storage of such waste which are of a kind
and number reasonably specified in the notice.
(5A) A person who fails to comply with any requirement specified in a notice shall be guilty
of an offence and liable on summary conviction to a fine of an amount not exceeding
[F336level 3 on the standard scale]].
(6) A person on whom a notice is served in pursuance of the preceding subsection may,
within the period of twenty-one days beginning with the day on which the notice is
served on him, appeal to a magistrates’ court against the notice on the grounds that
[F341any requirement] specified in the notice is unreasonable or that the waste is not
likely to cause a nuisance or be detrimental to the amenities of the locality in which
the premises are situated; and where an appeal against a notice is brought in pursuance
of this subsection, paragraph (a) to (c) of subsection (3) of this section shall apply in
relation to the notice as they apply in relation to such a notice as is mentioned in that
subsection.
[F342(7) A notice under subsection (1) or (5) of this section may make provision with respect
to—
(a) the size, construction and maintenance of receptacles for controlled waste;
(b) the placing of the receptacles on premises for the purpose of facilitating the
emptying of them, and access to the receptacles for that purpose;
(c) the placing of the receptacles for that purpose on [F343roads];
(d) the substances which may and may not be put into the receptacles and the
precautions to be taken where particular substances are put into them; and
(e) the steps to be taken by occupiers of premises for the purposes of facilitating
the collection of waste from receptacles for controlled waste which are
provided in connection with the premises.
(7A) A notice under subsection (1) or (5) of this section shall not require receptacles to be
placed on a [F344road] unless—
(a) the [F345roads authority] have given their consent to their being so placed; and
(b) arrangements have been made as to the liability for any damage arising out
of their being so placed.]
(8) References to receptacles in the preceding provisions of this section include references
to holders for receptacles.

Textual Amendments
F334 S. 13 repealed (1.4.1992) (save in so far as it relates to industrial waste in England and Wales) by
Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1992/266, art. 3.
F335 S. 13(1)(1A) substituted for s. 13(1) by Local Government, Planning and Land Act 1980 (c. 65), s.
1(2), Sch. 2 para. 10(1)
20 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F336 Words “level 3 on the standard scale” substituted (11.4.1983) by virtue of (E.W.) Criminal Justice Act
1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as
inserted by Criminal Justice Act 1982 (c. 48), s. 54)
F337 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para.
10(2)(a)
F338 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para.
10(2)(b)
F339 Words substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6
para. 3(2)
F340 S. 13(5)(5A) substituted for s. 13(5) by Local Government, Planning and Land Act 1980 (c. 65), s.
1(2), Sch. 2 para. 10(3)
F341 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para.
10(4)
F342 S. 13(7)(7A) substituted for s. 13(7) by Local Government, Planning and Land Act 1980 (c. 65), s.
1(2), Sch. 2 para. 10(5)
F343 Words in s. 13(7)(c) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9
para. 74(2)(a)
F344 Words in s. 13(7A) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9
para. 74(2)(a)(i)
F345 Words in s. 13(7A)(a) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9
para. 74(2)(b)(ii)

Modifications etc. (not altering text)

C347 By S.I. 1985/1884, art. 5, Sch. 2 para. 9 (which was made under the power in s. 10(1)(3)(6)
(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s. 10(3) thereof
was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on
29.12.1985) s. 13(4) shall be modified to have effect as if after “English county disposal authority”
there were inserted “, a London waste disposal authority”

[F5814 Disposal of waste in England and Wales.

(1) Subject to the following subsection, it shall be the duty of each English collection
authority to deliver to the relevant disposal authority, at such places as the disposal
authority directs, all waste which is collected by the collection authority in pursuance
of section 12 of this Act except waste paper which the collection authority decides
is not to be delivered to the disposal authority; and anything delivered to a disposal
authority in pursuance of this subsection shall belong to that authority and may be
dealt with accordingly.
(2) An English collection authority and the relevant disposal authority may agree that,
subject to such conditions as to payment or otherwise as may be specified in the
agreement, waste to which the agreement relates shall not be delivered to the disposal
authority in pursuance of the preceding subsection but shall be dealt with under
arrangements made by the collection authority for the purpose of enabling the waste
to be used again or substances to be reclaimed from it.
(3) Without prejudice to the powers of collection authorities apart from this subsection, a
collection authority shall have power to provide plant and equipment for the sorting
and baling of waste paper retained by the authority in pursuance of subsection (1) of
this section or for sorting or processing waste retained by the authority in pursuance
of the preceding subsection.
Control of Pollution Act 1974 (c. 40) 21
Part I – Waste on land
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in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(4) It shall be the duty of each disposal authority to arrange for the disposal of the waste
collected by it in pursuance of section 12 of this Act or delivered to it in pursuance of
subsection (1) of this section; and, without prejudice to the authority’s powers apart
from the following provisions of this subsection [F59but subject to subsection (6) of
section 77 of the Environmental Protection Act 1990 as respects any time after the date
applicable to the authority under paragraph (a) or (b) of that subsection], the powers
exercisable by the authority for the purpose of performing that duty shall include
power—
(a) to provide, within or outside its area, places at which to deposit waste before
the authority transfers it to a place or plant or equipment provided in pursuance
of the following paragraph; and
(b) to provide, within or outside its area, places at which to dispose of the waste
and plant or equipment for processing it or otherwise disposing of it.
(5) Subsections (6) and (7) of section 12 of this Act shall have effect in relation to a
disposal authority as if the reference in paragraph (a) of the said subsection (6) to
the collection of waste in pursuance of that section included the disposal of waste in
pursuance of this section and the disposal of anything produced from waste belonging
to the authority.
(6) A disposal authority or a collection authority may permit another person to use
facilities provided by the authority in pursuance of the preceding provisions of this
section and may provide for the use of another person any such facilities as the
authority has power to provide in pursuance of those provisions; and—
(a) subject to the following paragraph, it shall be the duty of the authority to make
a reasonable charge in respect of the use by another person of the facilities
unless the authority considers it appropriate not to make a charge;
(b) no charge shall be made in pursuance of this subsection in respect of
household waste; and
(c) anything delivered to the authority by another person in the course of using
the facilities shall belong to the authority and may be dealt with accordingly.
(7) A collection authority and the relevant disposal authority may enter into an agreement
for the making by either authority to the other of such payments as may be determined
by or under the agreement in respect of waste collected by the collection authority in
pursuance of section 12 of this Act including, without prejudice to the generality of
the preceding provisions of this subsection, an agreement for the making of payments
to the collection authority in respect of such arrangements as are mentioned in
subsection (2) of this section.
(8) Except as otherwise agreed in pursuance of the preceding subsection, the relevant
disposal authority shall—
(a) be entitled to receive from an English collection authority such sums as are
needed to defray the reasonable cost to the disposal authority of disposing
of commercial and industrial waste delivered to the disposal authority by the
collection authority in pursuance of this section; and
(b) pay to an English collection authority a reasonable contribution towards
expenditure reasonably incurred by the collection authority in delivering
waste to the disposal authority in pursuance of subsection (1) of this section
where the place of delivery is unreasonably far from the collection authority’s
area;
22 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
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and any question arising in pursuance of paragraph (a) of this subsection as to what
cost is reasonable or in pursuance of paragraph (b) of this subsection as to whether
a contribution is reasonable or expenditure was reasonably incurred or as to whether
a place is unreasonably far from a collection authority’s area shall, in default of
agreement between the two authorities in question, be determined by arbitration.
(9) References to waste in subsections (1), (2), (4), (7) and (8) of this section do not include
matter removed from privies or cesspools in pursuance of section 12(5) of this Act,
and it shall be the duty of a collection authority by which matter is so removed—
(a) to deliver the matter, in accordance with any directions of the [F60sewerage
undertaker] of which the area includes that of the collection authority, at a
place specified in the directions (which must be in or within a reasonable
distance from the collection authority’s area) to the [F60sewerage undertaker]
or to another person so specified;
(b) to give to the [F60sewerage undertaker] from time to time a notice stating the
quantity of the matter which the collection authority expects to deliver to
or as directed by the [F60sewerage undertaker] in pursuance of the preceding
paragraph during a period specified in the notice.
(10) Any question arising in pursuance of paragraph (a) of the preceding subsection as
to whether a place is within a reasonable distance from a collection authority’s area
shall, in default of agreement between the collection authority and the [F61sewerage
undertaker] in question, be determined by arbitration; and anything delivered to
a [F61sewerage undertaker] in pursuance of that subsection shall belong to [F62the
undertaker] and may be dealt with accordingly.
[ For the purposes of so much of the Water Act 1989 as relates to charging by sewerage
F63
(11) undertakers the reception and disposal by a sewerage undertaker or other person
of matter delivered to it or him by another sewerage undertaker in pursuance of
subsection (9) of this section shall be treated as a service provided for that other
undertaker by the sewerage undertaker in the course of carrying out its functions.]
(12) This section does not apply to Scotland.]

Textual Amendments
F58 S. 14 repealed (1.4.1992 for specified purposes (save in so far as it relates to industrial waste in
England and Wales), 1.4.2015 for S. in so far as not already in force) by Environmental Protection Act
1990 (c. 43), ss. 162(2), 164(3), Sch. 16 Pt. II; S.I. 1992/266, art. 3, S.S.I. 2015/72, art. 2(2)(a)
F59 Words in s. 14(4) inserted (31.5.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s.
77(8); S.I. 1991/1319, art. 2.
F60 Words substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163,
189(4)–(10), 190, 193(1), Sch. 25 para. 48(5)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F61 Words substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163,
189(4)–(10), 190, 193(1), Sch. 25 para. 48(5)(b)(i), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F62 Words substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163,
189(4)–(10), 190, 193(1), Sch. 25 para. 48(5)(b)(ii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F63 S. 14(11) substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163,
189(4)–(10), 190, 193(1), Sch. 25 para. 48(5)(c), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
Control of Pollution Act 1974 (c. 40) 23
Part I – Waste on land
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Modifications etc. (not altering text)

C24 S. 14(1) is modified and has effect as if in subsection (1) after “English collection authority” there
were inserted “and each collection authority in the area of a London waste disposal authority” by S.I.
1985/1884, art. 5 Sch. 2 para. 10(a)(i)
C25 S. 14 is modified and has effect as if in subsection (1) for “the relevant disposal authority” there were
substituted “the disposal authority whose area includes that of the collection authority (“the relevant
authority”)” and for the words “disposal authority” in each place where they subsequently occur there
were substituted “relevant disposal authority” by S.I. 1985/1884, art. 5, Sch. 2 para. 10(a)(ii)(iii)
C26 S. 14(2) is modified and has effect as if for “an English collection authority” there were substituted “a
collection authority” by S.I. 1985/1884, art. 5, Sch. 2 para. 10(b)
C27 S. 14(8) is modified and has effect as if for “an English collection authority” there were substituted “a
collection authority” by S.I. 1985/1884, art. 5, Sch. 2 para. 10(b)

F64
15 ................................

Textual Amendments
F64 S. 15 repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16
Pt. II; S.I. 1992/266, art. 3.

16 Removal of waste deposited in breach of licensing provisions.

[F65(1) If any controlled waste is deposited on any land [F66in contravention of section 3(1)
of this Act, any authority to which this section applies may] serve a notice on the
occupier of the land requiring him—
(a) to remove the waste from the land within a period specified in the notice,
which shall not be less than twenty-one days beginning with the date of service
of the notice; or
(b) to take within such a period such steps as are so specified with a view to
eliminating or reducing the consequences of the deposit of the waste,
or requiring him both to remove the waste as mentioned in paragraph (a) of this
subsection and to take such steps as are mentioned in paragraph (b) of this subsection
within such a period as aforesaid.
(2) A person served with a notice in pursuance of the preceding subsection may within
the twenty-one days aforesaid appeal to a magistrates’ court against the notice; and on
any such appeal the court shall quash the notice if it is satisfied that—
(a) the appellant neither deposited nor caused nor knowingly permitted the
deposit of the waste on the land; or
(b) service of the notice on the appellant was not authorised by the preceding
subsection; or
(c) there is a material defect in the notice;
and in any other case shall either modify the notice or dismiss the appeal.
(3) Where a person appeals against a notice in pursuance of this section, the notice shall
be of no effect pending the determination of the appeal; and where the court modifies
the notice or dismisses the appeal it may extend the period specified in the notice.
24 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
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in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(4) If a person on whom a notice is served in pursuance of subsection (1) of this section
fails to comply with the notice, then—
(a) he shall be guilty of an offence and liable on summary conviction to a fine not
exceeding [F67level 5 on the standard scale] and a further fine not exceeding
£50 for each day on which the failure continues after conviction for the offence
and before the authority which served the notice has begun to exercise its
powers in pursuance of the following paragraph; and
(b) the said authority may do what that person was required by the notice to do
and may recover from him any expenses reasonably incurred by the authority
in doing it.
(5) If it appears to such an authority as is mentioned in subsection (1) of this section that
waste has been deposited as there mentioned and that—
(a) in order to remove or prevent pollution of water or danger to public health it
is necessary forthwith to remove the waste or to take other steps with a view
to eliminating or reducing the consequences of the deposit of it or necessary
forthwith to remove the waste and to take such other steps; or
(b) there is no occupier of the land in question; or
(c) the occupier of the land neither made nor knowingly permitted the deposit of
the waste,
the authority may remove the waste from the land or take such other steps as aforesaid
or, as the case may require, may remove it and take such other steps.
(6) Where an authority exercises in respect of any land a power conferred on it by the
preceding subsection it shall be entitled to recover the cost of doing so and of disposing
of any waste removed in the exercise of the power—
(a) in a case falling within paragraph (a) of that subsection, from the occupier
of the land unless he proves that he neither made nor caused nor knowingly
permitted the deposit in question;
(b) in any case, from any person who deposited or caused or knowingly permitted
the deposit of any of the waste in question on the land,
except such of the cost as the occupier or other person shows was incurred
unnecessarily.
(7) Any waste removed by an authority in pursuance of this section shall belong to the
authority and may be dealt with accordingly.
[F68(8) The authorities to which this section applies are—
(a) the appropriate Agency;
(b) any collection authority in whose area the land mentioned in subsection (1)
above is situated.]]

Textual Amendments
F65 S. 16 repealed (1.4.2015 for S.) by Environmental Protection Act 1990 (c. 43), s. 164(3), Sch. 16 Pt.
II; S.S.I. 2015/72, art. 2(2)(b)
F66 Words in s. 16(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 26(2) (Sch. 22 para. 26
isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art.
3
Control of Pollution Act 1974 (c. 40) 25
Part I – Waste on land
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in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F67 Wordsin s. 16(4)(a) substituted (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48),
ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by
Criminal Justice Act 1982 (c. 48), s. 54)
F68 S. 16(8) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 26(3) (Sch. 22 para. 26
isprospectively repealed by Sch. 24 of the same 1995 Act) (with ss. 7(6), 115, 117); S.I. 1996/186, art.
3

Modifications etc. (not altering text)

C28 S. 16: transfer of functions (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115, 117); S.I.
1995/2649, art. 2

17 Special provisions with respect to certain dangerous or intractable waste.

F69
[ (1) If the Secretary of State considers that controlled waste of any kind is or may be
so dangerous or difficult to dispose of that special provision in pursuance of this
subsection is required for the disposal of waste of that kind by disposal authorities or
other persons, it shall be his duty to make provision by regulations for the disposal of
waste of that kind (hereafter in this section referred to as “special waste”); and, without
prejudice to the generality of the Secretary of State’s power to make regulations in
pursuance of the preceding provisions of this subsection, any such regulations may
include provision—
(a ) for the giving of directions by disposal authorities with respect to matters
connected with the disposal of special waste;
(b) for securing that special waste is not, while awaiting disposal in pursuance of
the regulations, kept at any one place in quantities greater than those which are
prescribed and in circumstances which differ from those which are prescribed;
(c) for requiring the occupier of premises on which special waste is situated
to give notice of that fact and other prescribed information to a prescribed
authority;
(d) for the keeping of records by persons who produce or dispose of special waste
or transfer it to another person for disposal, for the inspection of the records
and for the furnishing by such persons to prescribed authorities of copies of
or information derived from the records;
(e) providing that a contravention of the regulations shall be an offence and
prescribing the maximum penalty for the offence (which shall not exceed,
on summary conviction, a fine of £400 and, on conviction on indictment,
imprisonment for a term of two years and a fine).
(2) Without prejudice to the generality of the power to make regulations conferred by the
preceding subsection, regulations made in pursuance of that subsection may include
provision—
(a) requiring special waste of particular kinds to be disposed of only by disposal
authorities or, in the case of special waste of a kind which the Secretary of
State considers involves or may involve such a risk of damage to persons or
animals or vegetation that it should be disposed of only by him, to be disposed
of only by the Secretary of State;
(b) for the supervision by disposal authorities (whether by the application with
modifications of provisions of section 9 of this Act or otherwise) of activities
authorised by virtue of the regulations;
(c) as to the recovery of expenses or other charges for disposals by disposal
authorities or the Secretary of State in pursuance of the regulations;
26 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
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in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(d) as to appeals to the Secretary of State from decisions of disposal authorities

in pursuance of the regulations.
(3) Provision may also be made by regulations—
(a) for the giving of a direction, in respect of any place in respect of which a
disposal licence or a resolution in pursuance of section 11 of this Act is in
force, requiring the holder of the licence or the authority which passed the
resolution to accept and dispose of at the place, on such terms as are specified
in the direction (including terms as to the making of payments to the recipient
of the direction), such special waste as is so specified;
(b) as to the consents to be obtained and the other steps to be taken before a
direction may be given in pursuance of the regulations and as to appeals to
the Secretary of State against a direction so given;
(c) providing that a failure to comply with such a direction shall be an offence
punishable on summary conviction by a fine not exceeding [F70level 5 on the
standard scale] or such less amount as is prescribed and that a person shall
not be guilty of an offence under any prescribed enactment by reason only of
anything necessarily done or omitted in order to comply with such a direction.]

Textual Amendments
F69 S. 17 repealed (1.4.2015 for S.) by Environmental Protection Act 1990 (c. 43), s. 164(3), Sch. 16 Pt.
II; S.S.I. 2015/72, art. 2(2)(b)
F70 Words "level 5 on the standard scale" substituted (11.4.1983) for words"£400" by virtue of (E.W.)
Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21),
ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C29 S. 17 extended by S.I. 1980/1709, reg. 3(1)
C30 S. 17(1)(a), (2)(b)-(d): transfer of functions (12.10.1995) by 1995 c. 25, s. 21(1)(c) (with ss. 7(6), 115,
117); S.I. 1995/2649, art. 2

Waste other than controlled waste

[F7118 Application of preceding provisions to other waste.

(1) The Secretary of State may, after consultation with such bodies as he considers
appropriate, make regulations providing that prescribed provisions of sections 1 to 11
and 14 to 17 of this Act shall have effect in a prescribed area—
(a) as if references in those provisions to controlled waste or controlled waste
of a kind specified in the regulations included references to such waste as is
mentioned in section 30(3)(c)(ii) of this Act which is of a kind so specified;
and
(b) with such other modifications as are prescribed;
and regulations made in pursuance of this subsection may make such modifications
of any enactment other than the sections aforesaid as the Secretary of State considers
appropriate in connection with the regulations.
(2) A person who—
(a) deposits on any land any waste other than controlled waste; or
Control of Pollution Act 1974 (c. 40) 27
Part I – Waste on land
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(b) causes or knowingly permits the deposit on any land of any waste other than
controlled waste,
in a case where, if the waste were controlled waste and any disposal licence relating
to the land were not in force, he would be guilty of an offence under section 3(3) of
this Act shall be guilty of such an offence and punishable accordingly unless the act
charged was done in pursuance of and in accordance with the terms of any consent,
licence, approval or authority granted under any enactment (excluding any planning
permission under the enactments relating to town and country planning); and in this
subsection “land” includes such water as is mentioned in section 4(4) of this Act.
(3) Subsection (2) of section 12 and subsection (4) of section 13 of this Act shall apply to
waste other than controlled waste as the subsections apply to controlled waste.]

Textual Amendments
F71 S. 18 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided in art. 3
of S.I. 1994/1096, 1.4.2015 for S. so far as not already in force) by Environmental Protection Act 1990
(c. 43), s. 162(2), Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I. 1994/2487, art. 2 and
S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)

19 Powers of disposal authorities as respects other waste.

[F72Each disposal authority shall have power to collect information about, and to make
arrangements for the disposal of, waste which is situated or likely to be situated in
its area and is not controlled waste; but nothing in sections 91 to 94 of this Act shall
apply to functions conferred on an authority or information collected by an authority
in pursuance of this section.]

Textual Amendments
F72 S. 19 repealed (1.4.2015 for S.) by Environmental Protection Act 1990 (c. 43), s. 164(3), Sch. 16 Pt.
II; S.S.I. 2015/72, art. 2(2)(b)

Reclamation etc. of waste

20 Reclamation of waste.
[F73Without prejudice to the powers of disposal authorities apart from this section, any
disposal authority may—
(a) do such things as the authority considers appropriate for the purpose of—
(i) enabling waste belonging to the authority, or belonging to another
person who requests the authority to deal with it in pursuance of this
section, to be used again, or
(ii) enabling substances to be reclaimed from such waste;
(b) buy or otherwise acquire waste with a view to its being used again or to the
reclamation of substances from it; and
(c) use, sell or otherwise dispose of waste belonging to the authority or anything
produced from such waste.]
28 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Textual Amendments
F73 S. 20 repealed (1.4.2015 for S.) by Environmental Protection Act 1990 (c. 43), s. 164(3), Sch. 16 Pt.
II; S.S.I. 2015/72, art. 2(2)(b)

21 Production of heat and electricity from waste etc.

[F74(1) A disposal authority may, subject to [F75subsection (2)] of this section,—
(a) use waste belonging to the authority for the purpose of producing from it heat
or electricity or both;
(b) establish and operate, within or outside its area, such generating stations and
other installations as the authority thinks fit for the purpose aforesaid; and
(c) where the authority operates an installation in which waste is usually used as
the main fuel for the purpose of producing heat or electricity, then—
(i) in the case of an installation for producing heat, use other fuel in
addition to waste to produce the heat, and
(ii) in the case of an installation for producing electricity, use other fuel
to assist in burning the waste to produce the electricity,
and, in an emergency, use other fuel instead of waste to produce the heat or
electricity;
and a disposal authority may use, sell or otherwise dispose of any heat [F76or electricity]
produced by the authority by virtue of this section.
[F77(2) Nothing in subsection (1) of this section shall be construed as exempting a disposal
authority from the requirements of Part I of the Electricity Act 1989.]
(4) Subsection (6) of section 12 of this Act (except paragraph (b) of that subsection) and
subsection (7) of that section (except so much of it as relates to the M6Pipe-lines Act
1962) shall have effect in relation to a disposal authority as if the reference in the
said subsection (6) to the collection of waste in pursuance of that section included the
conveying of heat produced by the authority by virtue of this section and of air, steam
and water heated by such heat.
(5) It shall be the duty of a disposal authority by which an installation for producing heat is
operated in pursuance of this section in any year to furnish to the Secretary of State, as
soon as practicable after the end of that year, such particulars relating to the installation
and heat produced at it as are prescribed.
(6) Nothing in this section F78. . . shall be construed as prejudicing any power exercisable
by a disposal authority apart from this section.]

Textual Amendments
F74 S. 21 repealed (1.4.2015 for S.) by Environmental Protection Act 1990 (c. 43), s. 164(3), Sch. 16 Pt.
II; S.S.I. 2015/72, art. 2(2)(b)
F75 Words substituted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 18(2), Sch. 17
para. 33, 35(1)
F76 Words inserted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 18(2), Sch. 17
para. 33, 35(1)
F77 S. 21(2) substituted for subsections (2) and (3) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3),
Sch. 16 para. 18(3), Sch. 17 para. 33, 35(1)
Control of Pollution Act 1974 (c. 40) 29
Part I – Waste on land
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F78 Words repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 18(4), Sch. 17
para. 33, 35(1), Sch. 18

Marginal Citations
M6 1962 c. 58.

Street cleaning and litter

[F7922 Street cleaning etc.

F80
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F80
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A local authority may, with the consent of any person who has an interest in or is
the occupier of any relevant land, arrange for the cleaning of the land and may enter
into an agreement with such a person for the payment by him of charges in respect of
the cleaning; and in this subsection “relevant land” means any land in the open air to
which members of the public have access, either as of right or otherwise, and which
is not the site of a highway.
(4) In the preceding provisions of this section and in the following section—
“highway” means highway maintainable at the public expense within the
meaning of [F81the M7Highways Act 1980]];
“local authority” means the council of a district or London borough and the
Common Council of the City of London [F82but, in relation to Wales, means
the council of a county or county borough] ; and
“special road” and “trunk road” have the same meanings as in [F81the
M8
Highways Act 1980].
(5) In the application of this section to Scotland the preceding subsection shall not have
effect and in this section and in the following section—
“highway” and “highway authority” have respectively the same meanings
as in the M9Roads (Scotland) Act 1970;
“local authority” means a collection authority;
“special road” has the same meaning as in the M10Special Roads Act 1949;
“trunk road” means a highway which by virtue of the M11Trunk Roads Acts
1936 M12 and 1946 or an order under section 1 of the Trunk Roads Act 1946,
or by virtue of section 9(1) of the said Act of 1949, is a trunk road.

Textual Amendments
F79 S. 22 repealed (S.) (1.4.1983) by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4
Pt. I and S.I. 1982/1397, Sch. 2
F80 S. 22(1)(2) repealed (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2),
Sch. 16 Pt. IV, S.I. 1991/1042, art.2
F81 Words substituted by Highways Act 1980 (c. 66), Sch. 24 para. 24(a)
F82 Words in s. 22(4) inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 10(1) (with ss. 54(5)(7),
55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
30 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Marginal Citations
M7 1980 c. 66.
M8 1980 c. 66.
M9 1970 c. 20.
M10 1949 c. 32.
M11 1936 c. 5 (1 Edw. 8 & 1 Geo. 6)
M12 1946 c. 30.

[F8323 Prohibition of parking to facilitate street cleaning.

(1) Where in the case of any part of a highway (hereafter in this section referred to as “the
relevant area”) the highway authority for the relevant area or the local authority in
whose area the relevant area is situated considers that, in order to facilitate the cleaning
of the relevant area on a particular day (hereafter in this section referred to as “the
relevant day”), it is appropriate to prohibit the parking of vehicles in the relevant area
during certain hours of the relevant day, the authority may give notice in accordance
with the following provisions of this section prohibiting such parking.
[ Such a notice must specify the relevant area, the relevant day and the hours in question;
F84
(2) and a copy of the notice must—
(a) be served on the occupier of any premises adjoining the relevant area; and
(b) be conspicuously displayed at places in the relevant area.
(2A) The effect of the giving of such a notice and of the service and display of copies of it
as required by subsection (2) of this section shall be to suspend during the hours of the
relevant day specified in the notice the operation of any provision which is contained
in an order under the Road Traffic Regulation Act [F851984]] or a local enactment
and which authorises, designates or regulates the use of a street parking place in the
relevant area.
(2B) The authority giving the notice shall cover up traffic signs and parking meters in the
relevant area during the hours of the relevant day specified in the notice, but without
prejudice to the effect of the notice.]
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86
(4) Regulations may . . . F87 provide that [F88sections 99 to 102 of the Road Traffic
Regulation Act 1984] (which among other things provide for the removal, storage and
disposal of vehicles left on roads in contravention of a statutory prohibition) shall have
effect, in relation to any vehicle which is or was standing on any part of a highway
while parking on that part is or was prohibited by virtue of this section, with such
modifications as are prescribed.
[F89(5) If, either before or during the hours on the relevant day which are specified in a notice
given by an authority as mentioned in subsection (1) of this section, the authority
displays notices in the relevant area stating that the prohibition on parking is not
to come into force or is to cease to be in force, the effect of the notices under this
subsection shall be to prevent the prohibition coming into force or, as the case may
be, to terminate it.]
(6) It shall be the duty of the highway authority for any part of a highway and of the
local authority in whose area the part is situated to co-operate with each other in
performing the functions conferred on them by virtue of this section; and where a
highway authority or a local authority gives notice as mentioned in subsection (1) of
Control of Pollution Act 1974 (c. 40) 31
Part I – Waste on land
Document Generated: 2024-06-19
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

this section in respect of any part of a highway for which it is the highway authority or,
as the case may be, which is within its area, any other authority which is the highway
authority for that part or which is the local authority within whose area that part is
situated shall, with the approval of the authority which gave the notice, be entitled to
act in pursuance of this section as if the other authority had given similar notice.
[F90(6A) No authority shall issue a notice under this section whose effect would be to suspend
the operation of provisions of an order not made by the highway authority without
first consulting the authority who made the order.]
(7) Where any parking in the relevant area is, by virtue of a notice given as mentioned in
subsection (1) of this section, prohibited during specified hours on the relevant day,
no right of action shall accrue to any person by reason of the fact that all or some
of the cleaning of the relevant area which the highway authority or, as the case may
be, the local authority proposes to do or has done during those hours is not cleaning
which that authority has or had power to do if the other of those authorities has or
had power to do it.
(8) Any reference in the preceding provisions of this section to a part of a highway
includes any such part on which the parking of vehicles is, apart from this section,
authorised by virtue of any enactment whether on payment or free of charge; and
where the parking of vehicles on such a part is prohibited by virtue of this section a
person shall not be entitled to recover any sum paid by him in respect of the parking
of a vehicle there.
[F91(9) In this section “parking meter”, “street parking place” and “traffic sign” have the
meanings respectively assigned to them by [F92sections 46(2)(a), 142(1) and 64(1) of
the Road Traffic Regulation Act 1984,]]

Textual Amendments
F83 S. 23 repealed (S.) (1.4.1983) by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4
Pt. I and S.I. 1982/1397, Sch. 2
F84 S. 23(2)(2A)(2B) substituted for s. 23(2) by Local Government, Planning and Land Act 1980 (c. 65), s.
1(2), Sch. 2 para. 11(1)
F85 “1984” substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 30(a)
F86 Ss. 2(7), 23(3) repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. II
F87 Word repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. II
F88 Words substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 30(b)
F89 S. 23(5) substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para.
11(3)
F90 S. 23(6A) inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para.
11(4)
F91 S. 23(9) inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para.
11(5)
F92 Words substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 30(c)

24 Litter.
(1) It shall be the duty of the council of each county in England and Wales and the local
authorities of which the areas are included in the county and, where the county includes
land in a National Park, the Park authority to consult from time to time together, and
with such voluntary bodies as the council and the authorities consider appropriate and
32 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
Document Generated: 2024-06-19
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

as agree to participate in the consultations, about the steps which the council and each
of the authorities and bodies is to take for the purpose of abating litter in the county;
and it shall be the duty of the county council—
(a) to prepare and from time to time revise a statement of the steps which the
council and each of the authorities and bodies agrees to take for that purpose;
and
(b) to take such steps as in its opinion will give adequate publicity in the county
to the statement; and
(c) to keep a copy of the statement available at its principal office for inspection
by the public free of charge at all reasonable hours.
(2) The preceding subsection shall apply to Greater London and the Greater London
Council as it applies to a county and the council of a county, and in that subsection
“local authority” means a collection authority, a parish council, a parish meeting and a
community council and “Park authority” means the National Parks Committee or the
joint or special planning board for the park in question,
(3) In Scotland, it shall be the duty of—
(a) the council of each region of and the district councils of which the districts
are included in the region to consult from time to time together and with such
voluntary bodies as the regional council and the district councils consider
appropriate and as agree to participate in the consultations;
(b) the council of each islands area to consult with such voluntary bodies as the
council considers appropriate and as agree to participate in the consultations,
about the steps which the regional or islands council and each of the bodies with which
it consulted (including, in the case of a regional council, each district council) is to
take for the purpose of abating litter in the region or, as the case may be, islands area;
and it shall be the duty of the regional or islands council—
(i) to prepare and from time to time revise a statement of the steps which the
regional or islands council and each of the bodies agrees to take for the
purpose;
(ii) to take such steps as in its opinion will give adequate publicity in its area to
the statement; and
(iii) to keep a copy of the statement available at its principal office for inspection
by the public free of charge at all reasonable hours.
F93
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments
F93 S. 24(4) repealed by Litter Act 1983 (c. 35, SIF 100:3) s. 12(3), Sch. 2

Supplemental

F94
25 ................................

Textual Amendments
F94 S. 25 repealed (31.10.1994) by 1994 c. 21, s. 67(8), Sch. 11 Pt. II (with s. 40); S.I. 1994/2553, art. 2
Control of Pollution Act 1974 (c. 40) 33
Part I – Waste on land
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

26 Outfall pipes for sewage disposal works.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

Textual Amendments
F95 S. 26 repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163,
189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

[F9627 Interference with refuse tips and dustbins etc.

(1) No person shall sort over or disturb—
(a) anything deposited at a place provided by a disposal authority or a collection
authority for the deposit of waste or in a receptacle for waste which is provided
by such an authority or a parish or community council for public use; or
(b) the contents of any receptacle for waste which, in accordance with [F97a notice
under section 13(1) or (5)] of this Act, is placed on any highway or in any
other place with a view to its being emptied,
unless he is authorised to do so by the authority [F98or council] in the case of anything
deposited as mentioned in paragraph (a) above or, in the case of such a receptacle as is
mentioned in paragraph (b) above, unless he is a person entitled to the custody of the
receptacle or is authorised to do so by such a person or is a person having the function
of emptying the receptacle.
F98
................................
(2) A person who contravenes any of the provisions of the preceding subsection shall
be guilty of an offence and liable on summary conviction to a fine of an amount not
exceeding [F99level 3 on the standard scale].]

Textual Amendments
F96 S. 27 repealed (1.5.1994 save in respect of specified activities, as to which in force as provided by
S.I. 1994/1096, art. 3; 1.4.2015 for S. in so far as not already in force) by Environmental Protection
Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1994/1096, arts. 2, 3 (as amended by S.I.
1994/2487, art. 2 and S.I. 1994/3234, art. 2), S.S.I. 2015/72, art. 2(2)(a)
F97 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para. 12
F98 Words repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1)(3) Sch. 9 para. 74(3)(c),
Sch. 11
F99 Words “level 3 on the standard scale” substituted (11.4.1983) by virtue of (E.W.) Criminal Justice Act
1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as
inserted by Criminal Justice Act 1982 (c. 48), s. 54)

28 Supplementary provisions relating to pipes.

[F100(1) Where an authority provides pipes in pursuance of section 12(6), 14(5), 15(2), [F101or
21(4)] of this Act, it shall be the duty of the authority—
(a) except where the authority is a collection authority and the pipes are situated in
its area, to send to the collection authority in whose area the pipes are situated
a map . . . F102 showing the location of the pipes; and
34 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(b) where the authority is a collection authority and the pipes are situated in its
area, to prepare such a map;
and it shall be the duty of an authority by which a map is received in pursuance of
paragraph (a) of this subsection or is prepared in pursuance of paragraph (b) of this
subsection to secure that a copy of the map is available at its principal offices for
inspection by the public free of charge at all reasonable hours.
In the application of this subsection to Scotland, the words “the authority is a collection
authority and” in paragraphs (a) and (b) shall be omitted.
[F103(2) Section 25 of the M13Public Health Act 1936 (under which the erection of buildings
over a sewer or drain may be prevented or controlled by a local authority or, on appeal,
by a magistrates’ court) shall have effect as if references to a drain included any pipe
provided as mentioned in the preceding subsection and as if the reference to the map of
sewers required by that Act to be kept deposited at the offices of an authority included
any map required by the preceding subsection to be kept available at the offices of
the authority.]
(3) Section 21 of the M14Sewerage (Scotland) Act 1968 (under which the erection of
buldings over a sewer vested in a local authority may be prevented or controlled by the
authority or, on appeal, by the sheriff) shall have effect as if the reference to a sewer
vested in a local authority included any pipe provided as mentioned in subsection (1)
of this section.
(4) References to pipes in the preceding provisions of this section include associated
works.]

Textual Amendments
F100 S. 28 repealed (1.4.2015 for S.) by Environmental Protection Act 1990 (c. 43), s. 164(3), Sch. 16 Pt.
II; S.S.I. 2015/72, art. 2(2)(b)
F101 Words in s. 28(1) substituted (E.W.) for “21(4) or 26” by Water Act 1989 (c. 15, SIF 130), ss. 58(7),
101(1), 141(6), 160(1)(2)(4), 189(4)–(10), 190, 193(1), Sch. 25 paras. 48(6), Sch. 26 paras. 3(1)(2), 17,
40(4), 41(1), 57(6), 58
F102 Words repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. II
F103 S. 28(2) repealed (E.W.) by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7

Marginal Citations
M13 1936 c. 49.
M14 1968 c. 47.

29 Modification of Parts I and II to avoid duplication of control.

[F104The Secretary of State may by regulations make such modifications of this Part
of this Act and Part II of this Act as he considers appropriate with a view to securing
that the provisions of one but not both of those Parts apply to prescribed acts and
omissions.]

Textual Amendments
F104 S. 29 repealed (1.4.2015 for S.) by Environmental Protection Act 1990 (c. 43), s. 164(3), Sch. 16 Pt.
II; S.S.I. 2015/72, art. 2(2)(b)
Control of Pollution Act 1974 (c. 40) 35
Part I – Waste on land
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

30 Interpretation etc. of Part I.

[F105(1) Subject to the following subsection, in this Part of this Act—
[F106“the appropriate Agency” means—
(a) in relation to England F107..., the Environment Agency;
(aa) [F108in relation to Wales, the Natural Resources Body for Wales; and]
(b) in relation to Scotland, SEPA;]
“associated works”, in relation to pipes, means any of the following
connected with the pipes, namely, any valve, filter, stopcock, pump, inspection
chamber and manhole and such other works as are prescribed;
“collection authority” means the council of a district or a London borough,
the Common Council of the City of London, the Sub-Treasurer of the Inner
Temple and the Under Treasurer of the Middle Temple and “English collection
authority” means a collection authority [F109of which the area is in the area of
an English county disposal authority];
“controlled waste” means household, industrial and commercial waste or
any such waste;
[F110“disposal authority” means the council of a county or metropolitan
district in England, the council of a London borough and the Common Council
of the City of London, “English county disposal authority” means the council
of a county in England and “relevant disposal authority”, in relation to an
English collection authority, means the English county disposal authority
whose area includes that of the collection authority;]
“disposal licence” has the meaning assigned to it by section 3(1) of this
Act, and “holder” in relation to such a licence shall be construed in accordance
with section 8(3) of this Act;
“private dwelling” means—
(a) a hereditament or premises used wholly for the purposes of a private
dwelling or private dwellings as determined in accordance with
Schedule 13 to the M15General Rate Act 1967; and
(b) a caravan as defined in section 29(1) of the M16Caravan Sites and
Control of Development Act 1960 (disregarding the amendment made
by section 13(2) of the M17Caravan Sites Act 1968) which usually and
for the time being is situated on a caravan site within the meaning of
that Act;
“relevant land” means—
(a) in relation to a proposal to issue a disposal licence, the land on which
activities may be carried on in pursuance of the licence if it is issued in
accordance with the proposal; and
(b) in relation to a disposal licence, the land on which activities may be
carried on in pursuance of the licence,
and references to land in the preceding paragraphs include such water as is
mentioned in section 4(4) of this Act;
[F111“waste” has the same meaning as it has in Part II of the Environmental
Protection Act 1990 by virtue of section 75(2) of that Act;]
F112
................................
(2) In the application of this Part of this Act to Scotland—
“collection authority” means an islands or district council;
“disposal authority” means an islands or district council;
36 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
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in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

“private dwelling” means—

(a) lands and heritages used wholly or mainly for the purposes of a private
dwelling or private dwellings; and
(b) a caravan as defined in section 29(1) of the M18Caravan Sites and Control
of Development Act 1960 which usually and for the time being is
situated on a caravan site within the meaning of that Act;
“Scottish collection authority” means a collection authority of which the
area is in Scotland;
“Scottish disposal authority” means a disposal authority of which the area
is in Scotland.
(3) Subject to the following subsection, for the purposes of this Part of this Act—
(a) household waste consists of waste from a private dwelling or residential home
or from premises forming part of a university or school or other educational
establishment or forming part of a hospital or nursing home;
(b) industrial waste consists of waste from any factory within the meaning of
the M19Factories Act 1961 and any premises occupied by a body corporate
established by or under any enactment for the purpose of carrying on under
national ownership any industry or part of an industry or any undertaking,
excluding waste from any mine or quarry; and
(c) commercial waste consists of waste from premises used wholly or mainly
for the purposes of a trade or business or the purposes of sport, recreation or
entertainment excluding—
(i) household and industrial waste, and
(ii) waste from any mine or quarry and waste from premises used for
agriculture within the meaning of the M20Agriculture Act 1947 or, in
Scotland, the M21Agriculture (Scotland) Act 1948, and
(iii) waste of any other description prescribed for the purposes of this sub-
paragraph.
(4) Regulations may provide that waste of a prescribed description shall be treated for
the purposes of prescribed provisions of this Part of this Act as being or not being
household waste or industrial waste or commercial waste; but no regulations shall be
made by virtue of the preceding provisions of this subsection in respect of such waste
as is mentioned in paragraph (c)(ii) of the preceding subsection and references in those
provisions and in the preceding subsection to waste do not include sewage except so
far as regulations provide otherwise.
In this subsection “sewage” includes matter in or from a privy within the meaning of
section 12(5) of this Act.
(5) Except as provided by regulations made by virtue of this subsection, nothing in this
Part of this Act applies to radioactive waste within the meaning of [F113Schedule 23
to [F114the Environmental Permitting (England and Wales) Regulations 2016 (S.I.
2016/1154)]]; but regulations may—
(a) provide for prescribed provisions of this Part of this Act to have effect with
such modifications as the Secretary of State considers appropriate for the
purposes of dealing with such radioactive waste;
(b) make such modifications of F115[F116... [F117the Environmental Permitting
(England and Wales) Regulations 2016] and any other enactment] as the
Secretary of State considers appropriate in consequence of the passing of
Control of Pollution Act 1974 (c. 40) 37
Part I – Waste on land
Document Generated: 2024-06-19
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

this Part of this Act or in connection with regulations made by virtue of the
preceding paragraph.]

Textual Amendments
F105 S. 30 repealed (1.4.2015 for S.) by Environmental Protection Act 1990 (c. 43), s. 164(3), Sch. 16 Pt.
II; S.S.I. 2015/72, art. 2(2)(b)
F106 Words in s. 30(1) inserted (1.4.1996) by Environment Act 1995 (c. 25), Sch. 22 para. 27(a); S.I.
1996/186, art. 3
F107 Words in s. 30(1)(a) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales
(Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 115(a) (with Sch. 7)
F108 S. 30(1)(aa) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013
(S.I. 2013/755), art. 1(2), Sch. 2 para. 115(b) (with Sch. 7)
F109 Words substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6
para. 3(5)
F110 Definition substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9,
Sch. 6 para. 3(5)
F111 Words in s. 30(1) substituted (1.1.2005 for S., 15.5.2006 for E.W.) by Environment Act 1995 (c. 25),
s. 125(3), Sch. 22 para. 27(b) (with ss. 7(6), 115, 117); S.S.I. 2004/541, art. 2(a); S.I. 2006/934, art.
2(a)
F112 Words in s. 30(1) repealed (1.1.2005 for S., 15.5.2006 for E.W.) by Environment Act 1995 (c. 25),
s. 125(3), Sch. 22 para. 27(c), Sch. 24 (with ss. 7(6), 115, 117); S.S.I. 2004/541, art. 2(a)(b)(i); S.I.
2006/934, art. 2(a)
F113 Words in s. 30(5) substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales)
Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 3(a) (with reg. 1(2), Sch. 4)
F114 Words in s. 30(5) substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales)
Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 3(a) (with regs. 1(3), 77-79, Sch. 4)
F115 Words in s. 30(5)(b) omitted (E.W.) (1.10.2011) by virtue of The Environmental Permitting (England
and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 2 para. 2
F116 Words in s. 30(5)(b) substituted (E.W.) (6.4.2010) by The Environmental Permitting (England and
Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 3(b) (with reg. 1(2), Sch. 4)
F117 Words in s. 30(5)(b) substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and
Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 3(b) (with regs. 1(3), 77-79, Sch.
4)

Modifications etc. (not altering text)

C31 By S.I. 1985/1884, art. 5, Sch. 2 para. 11 (which was made under the power in s. 10(1)(3)(6)
(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s. 10(3) thereof
was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on
29.12.1985) s. 30 has effect as if in subsection (1) the definitions of “disposal authority”, “English
county disposal authority” and “relevant disposal authority” were omitted and the following definitions
were inserted at the appropriate places:
“area”,in relation to the Greater Manchester Waste Disposal Authority, means—
(a)for the purposes of the waste disposal provisions of this Act, the metropolitan county of Greater
Manchester excluding the metropolitan district of Wigan; and
(b)for the purposes of the waste regulation provisions of this Act,the whole county;
“disposal authority” has the meaning given by subsections (2A) to (2D) of this section;
“English county disposal authority” means the council of a county in England, the Greater Manchester
Waste Disposal Authority or the Merseyside Waste Disposal Authority;
“London waste disposal authority” means an authority established by Part II, III, IV or V of
Schedule 1 to the Waste Regulation and Disposal (Authorities) Order 1985;
“waste disposal provisions” means—
38 Control of Pollution Act 1974 (c. 40)
Part I – Waste on land
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in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(a)sections 1 and 2 (waste disposal arrangements and plans);

(b)section 12 (collection of waste);
(c)section 13(4) (provision of receptacles for industrial or commercial waste);
(d)section 14 (disposal of waste);
(e)section 17(2)(a) and (c) (disposal of dangerous or intractable waste);
(f)sections 19 to 21 (powers in relation to disposal of waste which is not controlled waste, reclamation
of waste and production of heat and electricity from waste); and
(g)section 27(1) (interference with refuse tips and dustbins etc.);
“waste regulation provisions” means—
(a)sections 3 to 11 (disposal licences);
b)section 16 (removal of waste deposited in breach of licensing provisions); and
(c)section 17(1)(a) and (2)(b) to (d) (directions as to disposal of dangerous or intractable waste,
supervision of certain activities, recovery of expenses and charges and appeals to the Secretary of
State);
C32 S. 30 shall be modified to have effect as if after subsection (1) there were inserted subsections by S.I.
1985/1884, art. 5, Sch. 2 para. 11(b) the following subsections:
(2A)In Greater London the disposal authority is—
(a)for the purposes of the waste disposal provisions of this Act—
(i)in the area of a London waste disposal authority, that authority;
(ii) in the City of London, the Common Council;
(iii)in any other London borough, the council of that borough; and
(b)for the purposes of the waste regulation provisions of this Act, the London Waste Regulation
Authority.
(2B)In the metropolitan county of Greater Manchester the disposal authority is—
(a)for the purposes of the waste disposal provisions of this Act—
(i)in the metropolitan district of Wigan, the district council;
(ii)in all other areas in the county, the Greater Manchester Waste Disposal Authority; and
(b)for the purposes of the waste regulation provisions of this Act, the Greater Manchester Waste
Disposal Authority.
(2C)In the metropolitan county of Merseyside the disposal authority is the Merseyside Waste Disposal
Authority.
(2D)In all other local authority areas in England the disposal authority is the council of the county or
metropolitan district and in Wales it is the council of the district.
C33 S. 30 modified (temp.) (26.4.2005) by The Manufacture and Storage of Explosives Regulations 2005
(S.I. 2005/1082), reg. 1(1), Sch. 5 para. 15 (with reg. 3)
C34 S. 30(4) extended (16.7.1991) by Control of Pollution (Amendment) Act 1989 (c. 14, SIF 46:4), s.
9(2); S.I. 1991/1618, art. 2(a)

Marginal Citations
M15 1967 c. 9.
M16 1960 c. 62.
M17 1968 c. 52.
M18 1960 c. 62.
M19 1961 c. 34.
M20 1947 c. 48.
M21 1948 c. 45.
Control of Pollution Act 1974 (c. 40) 39
Part IA – Abandoned Mines
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19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

[F118PART IA

ABANDONED MINES

Textual Amendments
F118 Pt. IA (ss. 30Y, 30Z) inserted (12.10.1995 for specified purposes otherwise 1.1.1999) by 1995 c. 25, s.
59 (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2(i); S.I. 1998/3272, art. 2

Modifications etc. (not altering text)

C35 Pt. 1A modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

30Y Introductory.
(1) For the purposes of this Part, “abandonment”, in relation to a mine,—
(a) subject to paragraph (b) below, includes—
(i) the discontinuance of any or all of the operations for the removal of
water from the mine;
(ii) the cessation of working of any relevant seam, vein or vein-system;
(iii) the cessation of use of any shaft or outlet of the mine;
(iv) in the case of a mine in which activities other than mining activities
are carried on (whether or not mining activities are also carried on in
the mine)—
(A) the discontinuance of some or all of those other activities in
the mine; and
(B) any substantial change in the operations for the removal of
water from the mine; but
(b) does not include—
(i) the abandonment of any rights, interests or liabilities by the
Accountant in Bankruptcy acting as [F119trustee] or interim trustee in
a sequestration (within the meaning of the Bankruptcy (Scotland) Act
[F1202016]); F121...
(ii) any disclaimer under section 178 or 315 of the M22Insolvency Act
1986 (power of liquidator, or trustee of bankrupt’s estate, to disclaim
onerous property) by the official receiver acting in a compulsory
capacity; [F122or
(iii) any disclaimer by notice signed by the Queen's and Lord Treasurer's
Remembrancer under section 1013 of the Companies Act 2006
(Crown disclaimer of property vesting as bona vacantia).]
and cognate expressions shall be construed accordingly.
(2) In this Part, except where the context otherwise requires—
“acting in a compulsory capacity”, in the case of the official receiver, means
acting as—
(a) liquidator of a company;
(b) receiver or manager of a bankrupt’s estate, pursuant to section 287 of
the M23Insolvency Act 1986;
(c) trustee of a bankrupt’s estate;
(d) liquidator of an insolvent partnership;
40 Control of Pollution Act 1974 (c. 40)
Part IA – Abandoned Mines
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(e) trustee of an insolvent partnership;

(f) trustee, or receiver or manager, of the insolvent estate of a deceased
person;
“the official receiver” has the same meaning as it has in the M24Insolvency
Act 1986 by virtue of section 399(1) of that Act;
“relevant seam, vein or vein-system”, in the case of any mine, means any
seam, vein or vein-system for the purpose of, or in connection with, whose
working any excavation constituting or comprised in the mine was made.
(3) This Part extends only to Scotland.]

Textual Amendments
F119 Word in s. 30Y(1)(b)(i) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016
(Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 2(2)(a)
F120 Word in s. 30Y(1)(b)(i) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016
(Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 2(2)(b)
F121 Word in s. 30Y(1)(b)(i) repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s.
61(2), Sch. 3 para. 16(3)(a); S.S.I. 2014/160, art. 2(1)(2), Sch.
F122 S. 30Y(1)(b)(iii) and preceding word inserted (30.6.2014) by Regulatory Reform (Scotland) Act 2014
(asp 3), s. 61(2), Sch. 3 para. 16(3)(b); S.S.I. 2014/160, art. 2(1)(2), Sch.

Modifications etc. (not altering text)

C36 S. 30Y modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Marginal Citations
M22 1986 c. 45.
M23 1986 c. 45.
M24 1986 c. 45.

[F12330Z Mine operators to give SEPA six months’ notice of any proposed abandonment.
(1) If, in the case of any mine, there is to be an abandonment at any time after the expiration
of the initial period, it shall be the duty of the operator of the mine to give notice of
the proposed abandonment to SEPA at least six months before the abandonment takes
effect.
(2) A notice under subsection (1) above shall contain such information (if any) as is
prescribed for the purpose, which may include information about the operator’s
opinion as to any consequences of the abandonment.
(3) A person who fails to give the notice required by subsection (1) above shall be guilty
of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(4) A person shall not be guilty of an offence under subsection (3) above if—
(a) the abandonment happens in an emergency in order to avoid danger to life
or health; and
(b) notice of the abandonment, containing such information as may be prescribed,
is given as soon as reasonably practicable after the abandonment has
happened.
Control of Pollution Act 1974 (c. 40) 41
Part IA – Abandoned Mines
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(5) Where the operator of a mine is—

(a) the Accountant in Bankruptcy acting as [F124trustee] or interim trustee in
a sequestration (within the meaning of the Bankruptcy (Scotland) Act
[F1252016]); or
(b) the official receiver acting in a compulsory capacity,
he shall not be guilty of an offence under subsection (3) above by reason of any
failure to give the notice required by subsection (1) above if, as soon as is reasonably
practicable (whether before or after the abandonment), he gives to SEPA notice of
the abandonment or proposed abandonment, containing such information as may be
prescribed.
(6) Where a person gives notice under subsection (1), (4)(b) or (5) above, he shall publish
prescribed particulars of, or relating to, the notice in one or more local newspapers
circulating in the locality where the mine is situated.
(7) Where SEPA—
(a) receives notice under this section or otherwise learns of an abandonment or
proposed abandonment in the case of any mine, and
(b) considers that, in consequence of the abandonment or proposed abandonment
taking effect, any land has or is likely to become contaminated land, within
the meaning of Part IIA of the M25Environmental Protection Act 1990,
it shall be the duty of SEPA to inform the local authority in whose area that land is
situated of the abandonment or proposed abandonment.
(8) In this section—
“the initial period” means the period of six months beginning with the day
on which subsection (1) above comes into force;
“local authority” means a council constituted under section 2 of the
M26
Local Government etc. (Scotland) Act 1994.]

Textual Amendments
F123 Pt. IA (ss. 30Y, 30Z) inserted (12.10.1995 for specified purposes otherwise 1.1.1999) by 1995 c. 25, s.
59 (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2(i); S.I. 1998/3272, art. 2
F124 Word in s. 30Z(5)(a) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential
Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 2(3)(a)
F125 Word in s. 30Z(5)(a) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential
Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 2(3)(b)

Modifications etc. (not altering text)

C37 S. 30Z modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Marginal Citations
M25 1990 c.43.
M26 1994 c. 39.
42 Control of Pollution Act 1974 (c. 40)
Part II – Pollution of water
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PART II

POLLUTION OF WATER

Modifications etc. (not altering text)

C38 Pt. II modified (S.) (19.5.1993) by S.I. 1993/1156, regs. 3, 4, 5, Sch. 1
Pt. II (ss. 31-56) modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3
C39 Pt. II amended by S.I. 1984/1200, reg. 2(1)
Pt. II amended (1.5.1994) by S.I. 1994/1056, reg. 1(3), 19, Sch. 4 Pt. I para. 11
C40 Pt. II modified by S.I. 1984/1200, reg. 3, Sch. 1 and 1985/5, regs. 3(1)(2), 4(1)( a )
C41 Pt. II modified by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 45, Sch. 2 para. 5(5), Sch. 7 Pt. VI
para. 2
C42 Functions exercisable under Pt. II by (a) Minister of Agriculture, Fisheries and Food and (b) that
Minister and Secretary of State jointly transferred (W.) by S.I. 1978/272, art. 2(1)(3), Sch. 1
Pt. II: transfer of functions (12.10.1995) by 1995 c. 25, s. 21(1)(a)(ii) (with ss. 7(6), 115, 117); S.I.
1995/2649, art. 2

General provisions

[F12630A Waters to which Part II applies.

(1) This part applies to any waters (in this Part referred to as “controlled waters”) of any
of the following classes—
(a) relevant territorial waters, that is to say, subject to subsection (5) below, the
waters which extend seaward for three miles from the baselines from which
the breadth of the territorial sea adjacent to Scotland is measured;
(b) coastal waters, that is to say, any waters which are within the area which
extends landward from those baselines as far as the limit of the highest tide
or, in the case of the waters of any relevant river or watercourse, as far as the
fresh-water limit of the river or watercourse, together with the waters of any
enclosed dock which adjoins waters within that area;
(c) inland waters, that is to say, the waters of any relevant loch or pond or of so
much of any relevant river or watercourse as is above the fresh-water limit;
(d) ground waters, that is to say, any waters contained in underground strata, or
in—
(i) a well, borehole or similar work sunk into underground strata,
including any adit or passage constructed in connection with the well,
borehole or work for facilitating the collection of water in the well,
borehole or work; or
(ii) any excavation into underground strata where the level of water in
the excavation depends wholly or mainly on water entering it from
the strata.
(2) The Secretary of State—
(a) shall deposit maps with [F127SEPA] showing what appear to him to be the
fresh-water limits of every relevant river or watercourse . . . F128; and
(b) may from time to time, if he considers it appropriate to do so by reason
of any change of what appears to him to be the fresh-water limit of any
Control of Pollution Act 1974 (c. 40) 43
Part II – Pollution of water
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

river or watercourse, deposit a map showing a revised limit for that river or
watercourse;
and in subsection (1) above “fresh-water limit”, in relation to any river or watercourse,
means the place for the time being shown as the fresh-water limit of that river
or watercourse in the latest map deposited for that river or watercourse under this
subsection.
(3) It shall be the duty of [F127SEPA] to keep any maps deposited with it under
subsection (2) above available, at all reasonable times, for inspection by the public
free of charge.
(4) In this section—
“miles” means international nautical miles of 1,852 metres;
“loch or pond” includes a reservoir of any description;
“relevant loch or pond” means (subject to subsection (5) below) any loch
or pond which (whether it is natural or artificial or above or below ground)
discharges into a relevant river or watercourse or into another loch or pond
which is itself a relevant loch or pond;
“relevant river or watercourse” means any river or watercourse (including
an underground river or watercourse and an artificial river or watercourse)
which is neither a public sewer nor a sewer or drain which drains into a public
sewer.
(5) The Secretary of State may by order provide—
(a) that any area of the territorial sea adjacent to Scotland is to be treated as if it
were an area of relevant territorial waters for the purposes of this Part;
(b) that any loch or pond which does not discharge into a relevant river or
watercourse or into a relevant loch or pond is to be treated for those purposes
as a relevant loch or pond.
(6) The power of the Secretary of State to make an order under subsection (5) above
shall be exercisable by statutory instrument subject to annulment in pursuance of a
resolution of either House of Parliament; and such an order may—
(a) contain such supplemental, consequential and transitional provision as the
Secretary of State considers appropriate; and
(b) make different provision for different cases, including different provision in
relation to different persons, circumstances or localities.]

Textual Amendments
F126 Ss. 31, 32 and 34-42 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6),
160(1)(2)(4), 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
and for ss. 31-32 and ss. 34-42 there is substituted (S.) ss. 30A-32 and 34-42 by Water Act 1989 (c. 15,
SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168, 189(4)-(10), 190, 193(1), 194(4), Sch. 23 para.
4, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58
F127 Words in s. 30A(2)(a) and (3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(2)
(with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F128 Words in s. 30A(2)(a) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 29(3), Sch. 24
(with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C43 S. 30A extended (2.12.1991) by S.I. 1991/2539, reg. 3, Sch.
S. 30A amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. II para. 16 (with ss. 42, 46)
44 Control of Pollution Act 1974 (c. 40)
Part II – Pollution of water
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

C44 S. 30A restricted (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018
(S.S.I. 2018/219), reg. 1, Sch. 8 para. 39(2)(a)(v) (with reg. 78, Sch. 5 para. 2)
C45 S. 30A(1)(c) modified (6.1.1997) by S.I. 1996/3047, reg. 15(1)

F129F130
30B
Classification of quality waters.
................................

Textual Amendments
F129 Ss. 31, 32 and 34-42 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6),
160(1)(2)(4), 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
and for ss. 31-32 and ss. 34-42 there is substituted (S.) ss. 30A-32 and 34-42 by Water Act 1989 (c. 15,
SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168, 189(4)-(10), 190, 193(1), 194(4), Sch. 23 para.
4, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58
F130 S. 30B repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para.
16(2)(a); S.S.I. 2014/160, art. 2(1)(2), Sch.

F131F132
30C
Water quality objectives.
................................

Textual Amendments
F131 Ss. 31, 32 and 34-42 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6),
160(1)(2)(4), 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
and for ss. 31-32 and ss. 34-42 there is substituted (S.) ss. 30A-32 and 34-42 by Water Act 1989 (c. 15,
SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168, 189(4)-(10), 190, 193(1), 194(4), Sch. 23 para.
4, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58
F132 S. 30C repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para.
16(2)(b); S.S.I. 2014/160, art. 2(1)(2), Sch.

F133F134
30D
General duties to achieve and maintain objectives etc.
................................

Textual Amendments
F133 Ss. 31, 32 and 34-42 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6),
160(1)(2)(4), 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
and for ss. 31-32 and ss. 34-42 there is substituted (S.) ss. 30A-32 and 34-42 by Water Act 1989 (c. 15,
SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168, 189(4)-(10), 190, 193(1), 194(4), Sch. 23 para.
4, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58
F134 S. 30D repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para.
16(2)(c); S.S.I. 2014/160, art. 2(1)(2), Sch.

F133F135
30E
Consultation and collaboration.
................................
Control of Pollution Act 1974 (c. 40) 45
Part II – Pollution of water
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Textual Amendments
F133 Ss. 31, 32 and 34-42 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6),
160(1)(2)(4), 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
and for ss. 31-32 and ss. 34-42 there is substituted (S.) ss. 30A-32 and 34-42 by Water Act 1989 (c. 15,
SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168, 189(4)-(10), 190, 193(1), 194(4), Sch. 23 para.
4, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58
F135 S. 30E repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para.
16(2)(d); S.S.I. 2014/160, art. 2(1)(2), Sch.

[F136 Control of entry of polluting matter and effluents into water]

Textual Amendments
F136 Crossheading inserted (S.) (1.4.1996) by 1995 c. 25, s. 106, Sch. 16 para. 2 (with ss. 7(6), 115, 117);
S.I. 1996/186, art. 3

F137
30F Pollution offences.
................................

Textual Amendments
F137 Ss. 30F-31A repealed (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, sch. Pt. I (with sch. Pt. III)

F137
30G Prohibition of certain discharges by notice or regulations.
................................

Textual Amendments
F137 Ss. 30F-31A repealed (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, sch. Pt. I (with sch. Pt. III)

F137
30H Discharges into and from sewers etc.
................................

Textual Amendments
F137 Ss. 30F-31A repealed (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, sch. Pt. I (with sch. Pt. III)

F137
30I Defence to principal offences in respect of authorised discharges.
................................
46 Control of Pollution Act 1974 (c. 40)
Part II – Pollution of water
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Textual Amendments
F137 Ss. 30F-31A repealed (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, sch. Pt. I (with sch. Pt. III)

F137
30J Other defences to principal offences.
................................

Textual Amendments
F137 Ss. 30F-31A repealed (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, sch. Pt. I (with sch. Pt. III)

Control of entry of polluting matter and effluents into water

F137
31 Control of pollution of rivers and coastal waters etc.
................................

Textual Amendments
F137 Ss. 30F-31A repealed (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, sch. Pt. I (with sch. Pt. III)

F137
31A Requirements to take precautions against pollution.
................................

Textual Amendments
F137 Ss. 30F-31A repealed (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, sch. Pt. I (with sch. Pt. III)

F133F138
31B
Nitrate sensitive areas.
................................

Textual Amendments
F133 Ss. 31, 32 and 34-42 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6),
160(1)(2)(4), 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
and for ss. 31-32 and ss. 34-42 there is substituted (S.) ss. 30A-32 and 34-42 by Water Act 1989 (c. 15,
SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168, 189(4)-(10), 190, 193(1), 194(4), Sch. 23 para.
4, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58
F138 S. 31B repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para.
16(2)(e); S.S.I. 2014/160, art. 2(1)(2), Sch.
Control of Pollution Act 1974 (c. 40) 47
Part II – Pollution of water
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F133F139
31C
Registering of agreement.
................................

Textual Amendments
F133 Ss. 31, 32 and 34-42 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6),
160(1)(2)(4), 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
and for ss. 31-32 and ss. 34-42 there is substituted (S.) ss. 30A-32 and 34-42 by Water Act 1989 (c. 15,
SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168, 189(4)-(10), 190, 193(1), 194(4), Sch. 23 para.
4, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58
F139 S. 31C repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para.
16(2)(f); S.S.I. 2014/160, art. 2(1)(2), Sch.

F140
31D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments
F140 S. 31D repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 29(7), Sch. 24 (with ss. 7(6), 115,
117); S.I. 1996/186, art. 3

F141
32 ................................

Textual Amendments
F141 S. 32 repealed (1.4.1996) by 1995 c. 25, ss. 106, 120(3), Sch. 16 para. 3, Sch. 24 (with ss. 7(6), 115,
117); S.I. 1996/186, art. 3

F142
33 Control of sanitary appliances on vessels.
................................

Textual Amendments
F142 Ss. 33-40 repealed (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with sch. Pt. III)

Consents for discharges

F142
34 Consents for discharges of trade and sewage effluent etc.
................................
48 Control of Pollution Act 1974 (c. 40)
Part II – Pollution of water
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Textual Amendments
F142 Ss. 33-40 repealed (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with sch. Pt. III)

F142
35 Reference to Secretary of State of certain applications for consent.
................................

Textual Amendments
F142 Ss. 33-40 repealed (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with sch. Pt. III)

F142
36 Provisions supplementary to ss. 34 and 35.
................................

Textual Amendments
F142 Ss. 33-40 repealed (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with sch. Pt. III)

F142
37 Revocation of consents and alteration and imposition of conditions.
................................

Textual Amendments
F142 Ss. 33-40 repealed (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with sch. Pt. III)

F142
38 Restriction on variation and revocation of consent and of previous variation.
................................

Textual Amendments
F142 Ss. 33-40 repealed (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with sch. Pt. III)

F142
38A General review of consents.
................................
Control of Pollution Act 1974 (c. 40) 49
Part II – Pollution of water
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Textual Amendments
F142 Ss. 33-40 repealed (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with sch. Pt. III)

F142
39 Appeals to the Secretary of State.
................................

Textual Amendments
F142 Ss. 33-40 repealed (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with sch. Pt. III)

F142
40 Transitional provisions relating to consent.
................................

Textual Amendments
F142 Ss. 33-40 repealed (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with sch. Pt. III)

Ancillary provisions relating to control of discharges

F133F143
41Registers.
................................

Textual Amendments
F133 Ss. 31, 32 and 34-42 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6),
160(1)(2)(4), 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
and for ss. 31-32 and ss. 34-42 there is substituted (S.) ss. 30A-32 and 34-42 by Water Act 1989 (c. 15,
SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168, 189(4)-(10), 190, 193(1), 194(4), Sch. 23 para.
4, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58
F143 S. 41 repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para.
16(2)(g); S.S.I. 2014/160, art. 2(1)(2), Sch.

F144
42A Exclusion from registers of information affecting national security.
................................

Textual Amendments
F144 S. 42A repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para.
16(2)(h); S.S.I. 2014/160, art. 2(1)(2), Sch.
50 Control of Pollution Act 1974 (c. 40)
Part II – Pollution of water
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F145
42B Exclusion from registers of certain confidential information.
................................

Textual Amendments
F145 S. 42B repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para.
16(2)(i); S.S.I. 2014/160, art. 2(1)(2), Sch.

Control of discharges of trade effluent into public sewers

F146F147
43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments
F146 S. 43 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60), ss.
3(1), 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)
F147 S. 43 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(2)(j); S.S.I. 2014/160, art. 2(1)(2), Sch.

F148F149
44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments
F148 S. 44(1)(3)(5)(6) repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991
(c. 60), ss. 3(1), 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)
S. 44(2)(4) repealed by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 27 Pt. I (with ss. 58(7), 101(1),
141(6), 160(1)(2)(4), 163, 189(4)-(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)
F149 S. 44 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(2)(k); S.S.I. 2014/160, art. 2(1)(2), Sch.

F150F151
45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments
F150 S. 45 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60), ss.
3(1), 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)
F151 S. 45 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(2)(l); S.S.I. 2014/160, art. 2(1)(2), Sch.
Control of Pollution Act 1974 (c. 40) 51
Part II – Pollution of water
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Miscellaneous

F152
46 Operations by river purification authorities to remedy or forestall pollution of
water.
................................

Textual Amendments
F152 Ss. 46-50 repealed (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with Sch. Pt. III)

F152
46A Notices requiring persons to carry out anti-pollution operations.
................................

Textual Amendments
F152 Ss. 46-50 repealed (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with Sch. Pt. III)

F152
46B Grant of, and compensation for, rights of entry etc.
................................

Textual Amendments
F152 Ss. 46-50 repealed (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with Sch. Pt. III)

F152
46C Appeals against works notices.
................................

Textual Amendments
F152 Ss. 46-50 repealed (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with Sch. Pt. III)

F152
46D Consequences of not complying with a works notice.
................................

Textual Amendments
F152 Ss. 46-50 repealed (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with Sch. Pt. III)
52 Control of Pollution Act 1974 (c. 40)
Part II – Pollution of water
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F153F152F154
Duty
47 of water authorities to deal with waste from vessels etc.
................................

Textual Amendments
F152 Ss. 46-50 repealed (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with Sch. Pt. III)
F153 S. 47 repealed (E.W.) (1.9.1989) by 1989 c. 15, s. 190(3), Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6),
160(1)(2)(4), 189(4)-(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)
F154 S. 47(3) repealed (S.) (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3
Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1

F152
48 Power of water authorities to exclude unregistered vessels from rivers etc.
................................

Textual Amendments
F152 Ss. 46-50 repealed (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with Sch. Pt. III)

F152
49 Deposits and vegetation in rivers etc.
................................

Textual Amendments
F152 Ss. 46-50 repealed (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with Sch. Pt. III)

F152
49A Enforcement notices as respects discharge consents.
................................

Textual Amendments
F152 Ss. 46-50 repealed (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with Sch. Pt. III)

F152
49B Appeals against enforcement notices.
................................

Textual Amendments
F152 Ss. 46-50 repealed (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with Sch. Pt. III)
Control of Pollution Act 1974 (c. 40) 53
Part II – Pollution of water
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F152
50 Investigation of water pollution problems arising from closure of mines.
................................

Textual Amendments
F152 Ss. 46-50 repealed (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with Sch. Pt. III)

[F15551 Codes of good agricultural practice.

(1) The Secretary of State may by order made by statutory instrument approve any code
of practice issued (whether by him or by another person) for the purpose of—
(a) giving practical guidance to persons engaged in agriculture with respect to
activities that may affect controlled waters; and
(b) promoting what appear to him to be desirable practices by such persons for
avoiding or minimising the pollution of any such waters,
and may at any time by such an order approve a modification of such a code or
withdraw his approval of such a code or modification.
(2) A contravention of a code of practice as for the time being approved under this section
shall not of itself give rise to any criminal or civil liability, F156...
(3) The Secretary of State shall not make an order under this section unless he has first
consulted the river purification authorities.]

Textual Amendments
F155 S. 51 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I and
substituted (S.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 168,
189(4)-?(10), 190, 193(1), 194(4), Sch. 23 para. 5, Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58
F156 Words in s. 51(2) repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2),
Sch. 3 para. 16(4); S.S.I. 2014/160, art. 2(1)(2), Sch.

Modifications etc. (not altering text)

C46 S. 51 extended by S.I. 1985/708, art. 3, Sch. 1

F157F158
52Charges in respect of certain discharges in England and Wales.
................................

Textual Amendments
F157 S. 52 repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para.
16(2)(m); S.S.I. 2014/160, art. 2(1)(2), Sch.
F158 S. 52 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163,
189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
54 Control of Pollution Act 1974 (c. 40)
Part II – Pollution of water
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F159
53 ................................

Textual Amendments
F159 S. 53 repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 29(28), Sch. 24 (with ss. 7(6), 115,
117); S.I. 1996/186, art. 3

F160
54 ................................

Textual Amendments
F160 S. 54 repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 29(28), Sch. 24 (with ss. 115, 117);
S.I. 1996/186, art. 3

Supplemental

F161
55 ................................

Textual Amendments
F161 S. 55 repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 29(28), Sch. 24 (with ss. 7(6), 115,
117); S.I. 1996/186, art. 3

[F16255A Regulations under this Part.

Regulations made under this Part of this Act may provide that any provision of
this Part, except this section F163..., shall have effect with such modifications as may
be prescribed for the purpose of enabling Her Majesty’s Government in the United
Kingdom—
(a) to give effect to any [F164EU] obligation or exercise any related right; or
(b) to give effect to any obligation or exercise any related right under any
international agreement to which the United Kingdom is for the time being
a party,
and “related right”, in relation to an obligation, includes any derogation or other right
to make more onerous provisions available in respect of that obligation.]

Textual Amendments
F162 S. 55A inserted (1.10.1991) by Natural Heritage (Scotland) Act 1991 (c. 28), s. 27(1), Sch. 10 para.
7(3); S.I. 1991/2187, art. 3, Sch.
F163 Words in s. 55A repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2),
Sch. 3 para. 16(5); S.S.I. 2014/160, art. 2(1)(2), Sch.
F164 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011
(S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3)4(2)6(4)(5))
Control of Pollution Act 1974 (c. 40) 55
Part II – Pollution of water
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

[F16556 Interpretation etc. of Part II.

(1) Except where the context otherwise requires, in this Part of this Act—
“agriculture” and “agricultural” have the same meanings as in the
Agriculture (Scotland) Act M27 1948;
[F166“controlled waters” has the meaning] given by section 30A(1) above;
[F167“drain” has the same meaning as in the M28Sewerage (Scotland) Act
1968;]
F168
................................
F168
................................
F168
................................
F168
................................
[F167“sewer” has the same meaning as in the Sewerage (Scotland) Act
1968;]
F169
................................
F168
................................
F168
................................
“underground strata” means strata subjacent to the surface of any land;
F169
................................
“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts,
dykes, sluices, sewers, and passages through which water flows except
mains and other pipes which belong to [F170Scottish Water] or are used by
[F171Scottish Water] or any other person for the purposes only of providing a
supply of water to any premises.
(2) In this Part of this Act—
(a) any reference to the waters of any loch or pond or of any river or watercourse
includes a reference to the bottom, channel or bed of any loch, pond, river or,
as the case may be, watercourse which is for the time being dry; and
(b) any reference to water contained in underground strata is a reference to
water so contained otherwise than in a sewer, pipe, reservoir, tank or other
underground works constructed in any such strata.
F172
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F173
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F174
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F175
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments
F165 S. 56 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I and
substituted (S.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 168,
189(4)-(10), 190, 193(1), Sch. 23 para. 6, Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58, Sch. 27 Pt. I
F166 Words in s. 56(1) substituted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2),
Sch. 3 para. 16(6)(a)(i); S.S.I. 2014/160, art. 2(1)(2), Sch.
F167 Definitions in s. 56(1) inserted (1.4.1996) by 1995 c. 25, s. 106, Sch. 16 para. 8 (with ss. 7(6), 115,
117); S.I. 1996/186, art. 3
56 Control of Pollution Act 1974 (c. 40)
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F168 Words in s. 56(1) repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2),
Sch. 3 para. 16(6)(a)(ii); S.S.I. 2014/160, art. 2(1)(2), Sch.
F169 Words in s. 56(1) repealed (25.6.2003) by The Water Industry (Scotland) Act 2002 (Consequential
Provisions) Order 2003 (S.S.I. 2003/331), art. 1, Sch. para. 4(4)(a)
F170 Words in s. 56(1) substituted (25.6.2003) by The Water Industry (Scotland) Act 2002 (Consequential
Provisions) Order 2003 (S.S.I. 2003/331), art. 1, Sch. para. 4(4)(b)(i)
F171 Words in s. 56(1) substituted (25.6.2003) by The Water Industry (Scotland) Act 2002 (Consequential
Provisions) Order 2003 (S.S.I. 2003/331), art. 1, Sch. para. 4(4)(b)(ii)
F172 S. 56(3) repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(6)(b); S.S.I. 2014/160, art. 2(1)(2), Sch.
F173 S. 56(4) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 29(28), Sch. 24 (with ss. 7(6),
115, 117); S.I. 1996/186, art. 3
F174 S. 56(5) repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(6)(b); S.S.I. 2014/160, art. 2(1)(2), Sch.
F175 S. 56(6) repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(6)(b); S.S.I. 2014/160, art. 2(1)(2), Sch.

Modifications etc. (not altering text)

C47 S. 56(1)-(4) extended (2.12.1991) by S.I. 1991/2539, reg. 3, Sch.
S. 56(1)-(4) amended (27.8.1993) by 1993 c. 12, ss. 40, 51(3), Sch. 3 Pt. II para. 16 (with ss. 42, 46)
C48 S. 56(1)(2) restricted (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations
2018 (S.S.I. 2018/219), reg. 1, Sch. 8 para. 39(2)(a)(v) (with reg. 78, Sch. 5 para. 2)

Marginal Citations
M27 1948 c.45(2:1).
M28 1968 c. 47.

PART III

NOISE

Modifications etc. (not altering text)

C49 Pt. III (ss. 57-74) extended (E.W.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para.
1(1)(xxvii), Sch. 17 paras. 33, 35(1)
C50 Pt. III (except ss. 70(2)(3)(5), 71(1)): certain functions transferred (7.8.1991) by S.I. 1991/1773, art.
8(1)(3), Sch. 2
Pt. III (except ss. 70(2)(3)(5), 71(1)) modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2
C51 Pt. III (except ss. 70(2)(3)(5), 71(1)): certain functions transferred (10.1.1992) by S.I. 1991/2913, art.
8(1)(3), Sch. 2
Pt. III (except ss. 70(2)(3)(5), 71(1)) modified (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2
C52 Pt. III modified in part (6.4.2010) by The Cornwall Port Health Authority Order 2010 (S.I.
2010/1215), arts. 1(1), 4, Sch. (with art. 2)
C53 Pt. III modified in part (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I.
2010/1214), arts. 1, 4, Sch.
C54 Pt. III modified in part (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216),
arts. 1(1), 4, Sch.
C55 Pt. III modified in part (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I.
2010/1218), arts. 1(1), 4, Sch.
C56 Pt. III modified in part (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I.
2010/1217), arts. 1(1), 4, Sch.
Control of Pollution Act 1974 (c. 40) 57
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

C57 Pt. III applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority
Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2
C58 Pt. III functions transferred and modified (E.) (14.6.2016) by The River Tees Port Health Authority
Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2
C59 Pt. III functions transferred and modified (E.) (31.3.2017) by The Weymouth Port Health Authority
Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

Periodical inspections by local authorities

F176
57 Periodical inspections by local authorities.
................................

Textual Amendments
F176 S. 57 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(2)(n); S.S.I. 2014/160, art. 2(1)(2), Sch.
S. 57 omitted (E.W.) (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para.
10; S.I. 2015/1732, art. 2(f)

Summary proceedings to deal with noise

F177
58 ................................

Textual Amendments
F177 S. 58 repealed (E.W) (N.I.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16
Pt. III; S. 58 wholly repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I.
1996/186, art. 3

F178
58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments
F178 S. 58A repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3

F179
58B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments
F179 S. 58B repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3
58 Control of Pollution Act 1974 (c. 40)
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F180
59 ................................

Textual Amendments
F180 S. 59 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.
3

F181
59A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments
F181 S. 59A repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3

Construction sites

Modifications etc. (not altering text)

C60 S. 60 modified (9.11.2001) by S.I. 2001/3682, art. 32

60 Control of noise on construction sites.

(1) This section applies to works of the following description, that is to say—
(a) the erection, construction, alteration, repair or maintenance of buildings,
structures or roads;
(b) breaking up, opening or boring under any road or adjacent land in connection
with the construction, inspection, maintenance or removal of works;
(c) demolition or dredging work; and
(d) (whether or not also comprised in paragraph (a), (b) or (c) above) any work
of engineering construction.
(2) Where it appears to a local authority that works to which this section applies are being,
or are going to be, carried out on any premises, the local authority may serve a notice
imposing requirements as to the way in which the works are to be carried out and may
if it thinks fit publish notice of the requirements in such way as appears to the local
authority to be appropriate.
(3) The notice may in particular—
(a) specify the plant or machinery which is, or is not, to be used;
(b) specify the hours during which the works may be carried out;
(c) specify the level of noise which may be emitted from the premises in question
or at any specified point on those premises or which may be so emitted during
specified hours; and
(d) provide for any change of circumstances.
(4) In acting under this section the local authority shall have regard—
Control of Pollution Act 1974 (c. 40) 59
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(a) to the relevant provisions of any code of practice issued under this Part of
this Act;
(b) to the need for ensuring that the best practicable means are employed to
minimise noise;
(c) before specifying any particular methods or plant or machinery, to the
desirability in the interests of any recipients of the notice in question of
specifying other methods or plant or machinery which would be substantially
as effective in minimising noise and more acceptable to them;
(d) to the need to protect any persons in the locality in which the premises in
question are situated from the effects of noise.
(5) A notice under this section shall be served on the person who appears to the local
authority to be carrying out, or going to carry out, the works, and on such other persons
appearing to the local authority to be responsible for, or to have control over, the
carrying out of the works as the local authority thinks fit.
(6) A notice under this section may specify the time within which the notice is to be
complied with, and may require the execution of such works, and the taking of such
other steps, as may be necessary for the purpose of the notice, or as may be specified
in the notice.
(7) A person served with a notice under this section may appeal against the notice to a
magistrates’ court within twenty one days from the service of the notice.
(8) If a person on whom a notice is served under this section without reasonable excuse
contravenes any requirement of the notice he shall be guilty of an offence against this
Part of this Act.

Modifications etc. (not altering text)

C61 S. 60 modified (18.7.2001) by S.I. 2001/2870, art. 21
C62 S. 60 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 22
C63 S. 60 modified (18.12.1996) by 1996 c. 61, s. 29
C64 S. 60 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 20
C65 S. 60 applied (with modifications) (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 70(1), 80(2)
(with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.
C66 S. 60 applied (18.9.2014) by The A556 (Knutsford to Bowdon Improvement) Development Consent
Order 2014 (S.I. 2014/2269), arts. 1, 32(1)(a)(i)
C67 S. 60 applied (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order
2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 13(3)
C68 S. 60 applied (21.10.2014) by The Central Bedfordshire Council (Woodside Link Houghton Regis)
Development Consent Order 2014 (S.I. 2014/2637), arts. 1, 36(1)(a)(i)
C69 S. 60 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1),
Sch. 27 para. 1(1)
C70 S. 60 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1),
Sch. 26 para. 1(1)
C71 S. 60(7) excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel)
Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 13(2)
60 Control of Pollution Act 1974 (c. 40)
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

61 Prior consent for work on construction sites.

(1) A person who intends to carry out works to which the preceding section applies may
apply to the local authority for a consent under this section.
(2) Where approval under building regulations [F182under Part II of the M29Public Health
Act 1936], or in Scotland a [F183building warrant] under [F184section 9] of the Building
(Scotland) Act [F1852003 (asp 8)], is required for the carrying out of the works,
the application under this section must be made at the same time as, or later than,
the request for the approval under building regulations or, as the case may be, the
application for a [F183building warrant] under the said Act of [F1862003].
(3) An application under this section shall contain particulars of—
(a) the works, and the method by which they are to be carried out; and
(b) the steps proposed to be taken to minimise noise resulting from the works.
(4) If the local authority considers that the application contains sufficient information for
the purpose and that, if the works are carried out in accordance with the application,
it would not serve a notice under the preceding section in respect of those works, the
local authority shall give its consent to the application.
(5) In acting under this section a local authority shall have regard to the considerations
set out in subsection (4) of the preceding section and shall have power to—
(a) Attach any conditions to a consent; and
(b) limit or qualify a consent to allow for any change in circumstances; and
(c) limit the duration of a consent,
and any person who knowingly carries out the works, or permits the works to be carried
out, in contravention of any conditions attached to a consent under this section shall
be guilty of an offence against this Part of this Act.
(6) The local authority shall inform the applicant of its decision on the application within
twenty-eight days from receipt of the application; and if the local authority gives its
consent to the application it may if it thinks fit publish notice of the consent, and
of the works to which it relates, in such way as appears to the local authority to be
appropriate.
(7) If—
(a) the local authority does not give a consent within the said period of twenty-
eight days; or
(b) the local authority gives its consent within the said period of twenty-eight days
but attaches any condition to the consent or limits or qualifies the consent in
any way,
the applicant may appeal to a magistrates’ court within twenty-one days from the end
of that period.
(8) In any proceedings for an offence under section 60(8) of this Act it shall be a defence
to prove that the alleged contravention amounted to the carrying out of the works in
accordance with a consent given under this section.
(9) A consent given under this section shall contain a statement to the effect that the
consent does not of itself constitute any ground of defence against any proceedings
instituted under F187 ... [F188section 82 of the Environmental Protection Act 1990].
Control of Pollution Act 1974 (c. 40) 61
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(10) Where a consent has been given under this section and the works are carried out by
a person other than the applicant for the consent, it shall be the duty of the applicant
to take all reasonable steps to bring the consent to the notice of that other person; and
if he fails to comply with this subsection he shall be guilty of an offence against this
Part of this Act.

Textual Amendments
F182 Words repealed (E.W.) by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7
F183 Words in s. 61(2) substituted (S.) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 59(1), Sch. 6
para. 10(a) (with s. 53); S.S.I. 2004/404, art. 2(1)
F184 Words in s. 61(2) substituted (S.) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 59(1), Sch. 6
para. 10(b) (with s. 53); S.S.I. 2004/404, art. 2(1)
F185 Words in s. 61(2) substituted (S.) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 59(1), Sch. 6
para. 10(c)(i) (with s. 53); S.S.I. 2004/404, art. 2(1)
F186 Word in s. 61(2) substituted (S.) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 59(1), Sch. 6
para. 10(c)(ii) (with s. 53); S.S.I. 2004/404, art. 2(1)
F187 Words in s. 61(9) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I.
1996/186, art. 3
F188 Words inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 15(3)

Modifications etc. (not altering text)

C72 S. 61 modified (9.11.2001) by S.I. 2001/3682, art. 32
C73 S. 61 modified (18.7.2001) by S.I. 2001/2870, art. 21
C74 S. 61 modified (18.12.1996) by 1996 c. 61, s. 29
C75 S. 61 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 20
S. 61 applied (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order
2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 13(3)
S. 61(7) excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel)
Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 13(2)
C76 S. 61 applied (21.10.2014) by The Central Bedfordshire Council (Woodside Link Houghton Regis)
Development Consent Order 2014 (S.I. 2014/2637), arts. 1, 36(1)(a)(i)
C77 S. 61 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1),
Sch. 27 para. 1(1)
C78 S. 61 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1),
Sch. 26 para. 1(1)
C79 S. 61(9) excluded (9.11.2001) by S.I. 2001/3682, art. 31(2)(a)
C80 S. 61(9) restricted (18.7.2001) by S.I. 2001/2870, art. 22(2)(a)
C81 S. 61(9) applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 22
C82 S. 61(9) restricted (18.12.1996) by 1996 c. 61, s. 30(2)
C83 S. 61(9) excluded (20.8.1999) by S.I. 1999/2336, art. 23(2)
C84 S. 61(9) excluded (30.4.2002) by The Docklands Light Railway (Silvertown and London City Airport
Extension) Order 2002 (S.I. 2002/1066), art. 43(2)(a)
C85 S. 61(9) excluded (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075),
arts. 1, 35(2)(a) (with art. 40)
C86 S. 61(9) excluded (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I.
2004/389), arts. 1, 33(2)(a) (with art. 38)
C87 S. 61(9) excluded (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order
2004 (S.I. 2004/757), arts. 1, 50(2)(a) (with art. 50(3))
C88 S. 61(9) excluded (11.2.2005) by The Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I.
2005/120), arts. 1, 73(2) (with arts. 65, 66)
62 Control of Pollution Act 1974 (c. 40)
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

C89 S. 61(9) excluded (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I.
2005/1163), arts. 1, 20(2)(a)
C90 S. 61(9) excluded (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005
(S.I. 2005/3105), arts. 1, 48(2)(a) (with arts. 3(5), 15(3))
C91 S. 61(9) excluded (22.11.2006) by The Docklands Light Railway (Stratford International Extension)
Order 2006 (S.I. 2006/2905), arts. 1, 46(2)(a) (with arts. 43, 46(3))
C92 S. 61(9) excluded (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117),
arts. 1, 36(2)(a) (with arts. 34, 35(2))
C93 S. 61(9) excluded (30.5.2007) by The Mersey Docks and Harbour Company (Seaforth River Terminal)
Harbour Revision Order 2007 (S.I. 2007/1440), arts. 1(1), 17(2)(a) (with arts. 19, 20)
C94 S. 61(9) excluded (23.8.2007) by The Docklands Light Railway (Capacity Enhancement and 2012
Games Preparation) Order 2007 (S.I. 2007/2297), arts. 1, 41(2)(a) (with arts. 3(6), 12(3), 41(3))
C95 S. 61(9) excluded (28.9.2007) by The London Gateway Logistics and Commercial Centre Order 2007
(S.I. 2007/2657), arts. 1, 26(2)(a) (with arts. 19, 28, Sch. 3 para. 13(2))
C96 S. 61(9) excluded (13.11.2007) by The Felixstowe Dock and Railway Harbour Revision Order 2007
(S.I. 2007/3219), arts. 1, 21(2)(a) (with arts. 24, 25)
C97 S. 61(9) excluded (8.5.2008) by The Teesport Harbour Revision Order 2008 (S.I. 2008/1160), arts.
1(1), 16(2)(a) (with arts. 19, 20)
C98 S. 61(9) excluded (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I.
2008/1261), arts. 1, 27(2) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))
C99 S. 61(9) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), s. 21(3)(a)
C100 S. 61(9) excluded (14.10.2008) by The Felixstowe Branch Line and Ipswich Yard Improvement Order
2008 (S.I. 2008/2512), arts. 1, 40(2)(a) (with art. 36(3))
C101 S. 61(9) excluded (9.6.2009) by The Nottingham Express Transit System Order 2009 (S.I. 2009/1300),
arts. 1, 78(2)(a) (with Sch. 13 para. 14(2), Sch. 14 para. 19, Sch. 16)
C102 S. 61(9) excluded (18.9.2009) by The London Underground (Victoria Station Upgrade) Order 2009
(S.I. 2009/2364), arts. 1, 38(2)(a)
C103 S. 61(9) excluded (17.3.2010) by The Harwich Parkeston Quay Harbour Revision Order 2010 (S.I.
2010/626), arts. 1, 16 (with art. 20)
C104 S. 61(9) excluded (13.4.2010) by The Port of Bristol (Deep Sea Container Terminal) Harbour Revision
Order 2010 (S.I. 2010/2020), arts. 1(2), 26(2)(a) (with arts. 18, 19)
C105 S. 61(9) excluded (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I.
2010/1721), arts. 1, 26(2)(a)
C106 S. 61(9) excluded (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136),
arts. 1(1), 10(2)(a) (with art. 10(3))
C107 S. 61(9) excluded (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I.
2011/41), arts. 1, 50(2)(a) (with art. 51, Sch. 10 paras. 68, 85)
C108 S. 61(9) excluded (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 70(2), 80(2) (with ss. 69, 78);
S.S.I. 2011/38, art. 2, Sch.
C109 S. 61(9) excluded (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I.
2011/1072), arts. 1, 41(2)(a)
C110 S. 61(9) excluded (16.3.2012) by The Dover Harbour Revision Order 2012 (S.I. 2012/416), arts. 1(1),
16(2)(a) (with arts. 18, 19, Sch. para. 7)
C111 S. 61(9) excluded (7.8.2012) by The Ipswich Barrier Order 2012 (S.I. 2012/1867), arts. 1, 52(2)(a)
(with arts. 46-48, Sch. 8 para. 18)
C112 S. 61(9) excluded (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284),
arts. 1, 29(2) (with art. 26(2))
C113 S. 61(9) excluded (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I.
2012/2635), arts. 1, 38(2) (with art. 35(2))
C114 S. 61(9) excluded (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order
2012 (S.I. 2012/2679), arts. 1, 38(2)(a) (with art. 42(2))
C115 S. 61(9) restricted (28.2.2013) by The Rookery South (Resource Recovery Facility) Order 2011 2013
(S.I. 2013/680), art. 9(2)
Control of Pollution Act 1974 (c. 40) 63
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

C116 S. 61(9) restricted (13.3.2013) by The Brechfa Forest West Wind Farm Order 2013 (S.I. 2013/586),
arts. 1, 9(3)
C117 S. 61(9) excluded (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I.
2013/648), arts. 1, 12(2) (with arts. 48, 68, 79)
C118 S. 61(9) restricted (9.4.2013) by The Lancashire County Council (Torrisholme to the M6 Link (A683
Completion of Heysham to M6 Link Road)) Order 2013 (S.I. 2013/675), arts. 1, 38(2)
C119 S. 61(9) excluded (31.7.2013) by The East Northamptonshire Resource Management Facility Order
2013 (S.I. 2013/1752), arts. 1, 6(2)
C120 S. 61(9) excluded (15.8.2013) by The North Blyth Biomass Power Station Order 2013 (S.I.
2013/1873), arts. 1, 8(2) (with art. 30)
C121 S. 61(9) excluded (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 31(2)(a)
C122 S. 61(9) excluded (22.8.2013) by The Leeds Railway Station (Southern Entrance) Order 2013 (S.I.
2013/1933), arts. 1, 40(2)(a)
C123 S. 61(9) excluded (6.11.2013) by The Transport for Greater Manchester (Light Rapid Transit System)
(Second City Crossing) Order 2013 (S.I. 2013/2587), arts. 1, 46(2)(a) (with arts. 42, 43)
C124 S. 61(9) excluded (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I.
2013/2808), arts. 1, 33(2)
C125 S. 61(9) excluded (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013
(S.I. 2013/2809), arts. 1, 30(2) (with arts. 27(2), 39, Sch. 10 para. 4)
C126 S. 61(9) excluded (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid
Transit Order 2013 (S.I. 2013/3244), arts. 1, 63(2)(a) (with arts. 57, 58, Sch. 11 para. 19)
C127 S. 61(9) excluded (9.1.2014) by The National Grid (King’s Lynn B Power Station Connection) Order
2013 (S.I. 2013/3200), arts. 1, 15(2)
C128 S. 61(9) excluded (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order
2014 (S.I. 2014/310), arts. 1, 25(2)(a) (with art. 25(3))
C129 S. 61(9) excluded (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014
(S.I. 2014/909), arts. 1, 37(2) (with art. 34(2))
C130 S. 61(9) excluded (7.5.2014) by The National Grid (North London Reinforcement Project) Order 2014
(S.I. 2014/1052), arts. 1, 40(2)
C131 S. 61(9) excluded (7.7.2014) by The East Anglia ONE Offshore Wind Farm Order 2014 (S.I.
2014/1599), arts. 1, 7(2) (with arts. 37, 38, Sch. 9 para. 19)
C132 S. 61(9) excluded (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts.
1, 14(2) (with arts. 12, 13, Sch. 12)
C133 S. 61(9) excluded (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1,
28(2)(a) (with arts. 28(3), 31(2))
C134 S. 61(9) excluded (18.9.2014) by The A556 (Knutsford to Bowdon Improvement) Development
Consent Order 2014 (S.I. 2014/2269), arts. 1, 32(2)
S. 61(9) excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel)
Order 2014 (S.I. 2014/2384), arts. 1, 7(2)
C135 S. 61(9) excluded (2.10.2014) by The North Killingholme (Generating Station) Order 2014 (S.I.
2014/2434), arts. 1, 8(2) (with art. 13, Sch. 8)
C136 S. 61(9) excluded (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), arts.
1, 9(3) (with art. 33)
C137 S. 61(9) applied (21.10.2014) by The Central Bedfordshire Council (Woodside Link Houghton Regis)
Development Consent Order 2014 (S.I. 2014/2637), arts. 1, 36(2)
C138 S. 61(9) excluded (23.10.2014) by The South Hook Combined Heat and Power Plant Order 2014 (S.I.
2014/2846), arts. 1, 8(2)
C139 S. 61(9) excluded (29.10.2014) by The Able Marine Energy Park Development Consent Order 2014
(S.I. 2014/2935), art. 51(2) (with arts. 30(4), 53)
C140 S. 61(9) excluded (28.11.2014) by The Walney Extension Offshore Wind Farm Order 2014 (S.I.
2014/2950), arts. 1, 8(2) (with arts. 38, 39)
C141 S. 61(9) excluded (15.12.2014) by The London Underground (Northern Line Extension) Order 2014
(S.I. 2014/3102), arts. 1, 43(2)(a) (with art. 43(3), Sch. 8 para. 45)
64 Control of Pollution Act 1974 (c. 40)
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

C142 S. 61(9) excluded (31.12.2014) by The Hornsea One Offshore Wind Farm Order 2014 (S.I.
2014/3331), arts. 1, 31(2) (with arts. 37, 38)
C143 S. 61(9) excluded (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), arts. 1,
30(2)
C144 S. 61(9) excluded (10.1.2015) by The Lerwick Harbour Revision Order 2015 (S.S.I. 2015/4), arts.
1(1), 18(2) (with arts. 22-24)
C145 S. 61(9) excluded (2.2.2015) by The Northumberland County Council (A1 – South East
Northumberland Link Road (Morpeth Northern Bypass)) Development Consent Order 2015 (S.I.
2015/23), arts. 1, 8(2)
C146 S. 61(9) excluded (25.2.2015) by The A160/A180 (Port of Immingham Improvement) Development
Consent Order 2015 (S.I. 2015/129), arts. 1, 36(2)
C147 S. 61(9) excluded (26.2.2015) by The Cornwall Council (A30 Temple to Higher Carblake
Improvement) Order 2015 (S.I. 2015/147), arts. 1, 36(2)
C148 S. 61(9) excluded (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015
(S.I. 2015/318), arts. 1, 12(2) (with arts. 12(3), 40, 41, Sch. 12 Pt. 1 paras. 4, 9(2), 10, Sch. 12 Pt. 2
paras. 4(2)(3), 19, Sch. 12 Pt. 4 paras. 3, 4, 16)
C149 S. 61(9) excluded (1.4.2015) by The Knottingley Power Plant Order 2015 (S.I. 2015/680), arts. 1, 9(2)
(with Sch. 8 para. 10)
C150 S. 61(9) excluded (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts.
1, 34(2) (with art. 36(2))
C151 S. 61(9) excluded (21.4.2015) by The Crossrail (Plumstead Sidings) Order 2015 (S.I. 2015/781), arts.
1, 17(2)(a) (with art. 17(3))
C152 S. 61(9) excluded (9.6.2015) by The White Moss Landfill Order 2015 (S.I. 2015/1317), arts. 1, 18(2)
(with art. 5)
C153 S. 61(9) excluded (23.6.2015) by The Norfolk County Council (Norwich Northern Distributor Road
(A1067 to A47(T)) Order 2015 (S.I. 2015/1347), arts. 1, 39(2)
C154 S. 61(9) excluded (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I.
2015/1386), arts. 1, 8(2) (with arts. 51, 53)
C155 S. 61(9) excluded (7.8.2015) by The Preesall Underground Gas Storage Facility Order 2015 (S.I.
2015/1561), arts. 1, 6(2) (with art. 44)
C156 S. 61(9) excluded (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I.
2015/1570), arts. 1, 35(2)
C157 S. 61(9) excluded (14.8.2015) by The Hirwaun Generating Station Order 2015 (S.I. 2015/1574), arts.
1, 34(2)
C158 S. 61(9) excluded (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm
Order 2015 (S.I. 2015/1592), arts. 1, 13(2) (with arts. 13(3), 40, 41)
C159 S. 61(9) excluded (19.11.2015) by The Ferrybridge Multifuel 2 Power Station Order 2015 (S.I.
2015/1832), arts. 1(2), 18(3)
C160 S. 61(9) excluded (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876),
arts. 1, 36(2)(a)
C161 S. 61(9) excluded (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I.
2015/1984), arts. 1, 8(2) (with art. 26)
C162 S. 61(9) excluded (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order
2015 (S.I. 2015/2044), arts. 1, 34(2) (with art. 34(3))
C163 S. 61(9) excluded (2.2.2016) by The East Midlands Gateway Rail Freight Interchange and Highway
Order 2016 (S.I. 2016/17), arts. 1, 36(2)
C164 S. 61(9) excluded (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016
(S.I. 2016/49), arts. 1, 38(2) (with art. 32)
C165 S. 61(9) excluded (12.2.2016) by The Palm Paper Mill Generating Station Order 2016 (S.I. 2016/166),
arts. 1, 8(2)
C166 S. 61(9) excluded (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development
Consent Order 2016 (S.I. 2016/73), arts. 1, 35(2) (with art. 37)
Control of Pollution Act 1974 (c. 40) 65
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Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

C167 S. 61(9) excluded (E.W.) (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297),
arts. 1, 10(2) (with art. 39)
C168 S. 61(9) excluded (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme
Development Consent Order 2016 (S.I. 2016/547), arts. 1, 39(2) (with arts. 4, 5(3))
C169 S. 61(9) excluded (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order
2016 (S.I. 2016/684), arts. 1, 49(2) (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))
C170 S. 61(9) excluded (2.8.2016) by The Meaford Gas Fired Generating Station Order 2016 (S.I.
2016/779), arts. 1, 9(2)
C171 S. 61(9) excluded (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), arts.
1, 33(5) (with arts. 35, 36)
C172 S. 61(9) excluded (19.8.2016) by The North Wales Wind Farms Connection Order 2016 (S.I.
2016/818), arts. 1, 34(2) (with art. 35)
C173 S. 61(9) excluded (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844),
arts. 1(2), 5(2) (with arts. 37, 38)
C174 S. 61(9) excluded (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I.
2016/853), arts. 1, 8(2) (with art. 43)
C175 S. 61(9) excluded (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway)
Development Consent Order 2016 (S.I. 2016/863), arts. 1, 38(2)
C176 S. 61(9) excluded (27.9.2016) by The Triton Knoll Electrical System Order 2016 (S.I. 2016/880), arts.
1(2), 7(2) (with arts. 39, 40, Sch. 8 para. 19)
C177 S. 61(9) excluded (28.10.2016) by The Brechfa Forest Wind Farm Connection Order 2016 (S.I.
2016/987), arts. 1, 16(2) (with art. 37)
C178 S. 61(9) excluded (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System)
(Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 49(2) (with arts. 43, 44, 49(3))
C179 S. 61(9) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1),
Sch. 27 para. 4(a)
C180 S. 61(9) excluded (18.3.2017) by The North London Heat and Power Generating Station Order 2017
(S.I. 2017/215), arts. 1, 9(2)
C181 S. 61(9) excluded (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017
(S.I. 2017/330), arts. 1, 9(2) (with art. 31)
C182 S. 61(9) excluded (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I.
2017/433), arts. 1, 8(2)
C183 S. 61(9) excluded (S.) (11.4.2017) by The Network Rail (Glasgow Queen Street Station) Order 2017
(S.S.I. 2017/100), arts. 1, 40(2) (with art. 37)
C184 S. 61(9) excluded (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I.
2017/766), arts. 1, 8(2)
C185 S. 61(9) excluded (24.8.2017) by The National Grid (Richborough Connection Project) Development
Consent Order 2017 (S.I. 2017/817), arts. 1, 37(2) (with art. 22)
C186 S. 61(9) excluded (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I.
2017/826), arts. 1, 7(2) (with arts. 36, 37, Sch. 8 para. 34)
C187 S. 61(9) excluded (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017
(S.I. 2017/830), art. 1, s. 40(2) (with art. 40(3), Sch. 8 para. 20)
C188 S. 61(9) excluded (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I.
2017/1150), arts. 1, 29(2) (with arts. 29(3), 32(2))
C189 S. 61(9) excluded (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I.
2017/1202), arts. 1, 42(2) (with arts. 4, 37)
C190 S. 61(9) excluded (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 63(2) (with
arts. 55-57, Sch. 8 para. 13)
C191 S. 61(9) excluded (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017
(S.I. 2017/1214), arts. 1, 62(2) (with arts. 58, 59, 62(3))
C192 S. 61(9) excluded (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I.
2018/446), arts. 1, 30(2)(a) (with arts. 24(8), 30(3), 33(2))
C193 S. 61(9) excluded (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 63(2)
66 Control of Pollution Act 1974 (c. 40)
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

C194 S. 61(9) excluded (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I.
2018/923), arts. 1, 29(2) (with art. 31(2))
C195 S. 61(9) excluded (26.9.2018) by The Network Rail (Felixstowe Branch Line Improvements Level
Crossings Closure) Order 2018 (S.I. 2018/937), arts. 1, 22(2) (with art. 22(3))
C196 S. 61(9) excluded (3.10.2018) by The A19/A184 Testos Junction Alteration Development Consent
Order 2018 (S.I. 2018/994), arts. 1, 38(2) (with arts. 3(3), 5)
C197 S. 61(9) excluded (12.10.2018) by The Eggborough Gas Fired Generating Station Order 2018 (S.I.
2018/1020), arts. 1, 37(2) (with arts. 6, 42)
C198 S. 61(9) excluded (S.) (1.3.2019) by The Stornoway Port Authority Harbour Revision Order 2019
(S.S.I. 2019/76), arts. 1(1), 28(2) (with art. 31)
C199 S. 61(9) excluded (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), arts. 1,
49(2) (with arts. 55, 56)
C200 S. 61(9) excluded (3.4.2019) by The Millbrook Gas Fired Generating Station Order 2019 (S.I.
2019/578), arts. 1, 35(2)
C201 S. 61(9) excluded (26.4.2019) by The Tees Combined Cycle Power Plant Order 2019 (S.I. 2019/827),
arts. 1, 9(2)
C202 S. 61(9) excluded (26.7.2019) by The Kemsley Mill K4 Combined Heat and Power Generating Station
Order 2019 (S.I. 2019/1091), arts. 1, 8(2)
C203 S. 61(9) excluded (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I.
2019/1268), arts. 1, 37(2)
C204 S. 61(9) excluded (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I.
2019/1315), arts. 1, 39(2)
C205 S. 61(9) excluded (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019
(S.I. 2019/1358), arts. 1, 41(2) (with Sch. 13 Pt. 1 para. 19)
C206 S. 61(9) excluded (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order
2020 (S.I. 2020/121), arts. 1, 43(2) (with art. 3(1))
C207 S. 61(9) excluded (4.3.2020) by The Midland Metro (Birmingham Eastside Extension) Order 2020
(S.I. 2020/141), arts. 1, 50(2) (with arts. 47, 48, Sch. 10 para. 19)
C208 S. 61(9) excluded (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution
Network Order 2020 (S.I. 2020/325), arts. 1, 34(2) (with art. 7)
C209 S. 61(9) excluded (30.4.2020) by The A585 Windy Harbour to Skippool Highway Development
Consent Order 2020 (S.I. 2020/402), arts. 1, 39(2) (with arts. 5, 44)
C210 S. 61(9) excluded (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), arts. 1, 38(2),
(with art. 7)
C211 S. 61(9) excluded (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I.
2020/474), arts. 1, 56(2) (with arts. 51, 57)
C212 S. 61(9) excluded (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I.
2020/528), arts. 1, 42(2) (with art. 37)
C213 S. 61(9) excluded (18.6.2020) by The A63 (Castle Street Improvement, Hull) Development Consent
Order 2020 (S.I. 2020/556), arts. 1, 39(2) (with arts. 5, 44)
C214 S. 61(9) excluded (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), arts. 1, 7(2)
(with art. 37)
C215 S. 61(9) excluded (22.7.2020) by The Norfolk Vanguard Offshore Wind Farm Order 2020 (S.I.
2020/706), arts. 1, 8(2) (with arts. 41, 42, Sch. 16 para. 66)
C216 S. 61(9) excluded (6.8.2020) by The A19 Downhill Lane Junction Development Consent Order 2020
(S.I. 2020/746), arts. 1, 39(2) (with art. 5)
C217 S. 61(9) excluded (1.9.2020) by The Immingham Open Cycle Gas Turbine Order 2020 (S.I. 2020/847),
arts. 1, 36(2) (with Sch. 9 para. 144)
C218 S. 61(9) excluded (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent
Order 2020 (S.I. 2020/1075), arts. 1, 61(2)
C219 S. 61(9) excluded (29.10.2020) by The Southampton to London Pipeline Development Consent Order
2020 (S.I. 2020/1099), arts. 1, 41(4) (with art. 32, Sch. 9 para. 36)
Control of Pollution Act 1974 (c. 40) 67
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

C220 S. 61(9) excluded (11.11.2020) by The West Burton C (Gas Fired Generating Station) Order 2020 (S.I.
2020/1148), arts. 1, 8(2)
C221 S. 61(9) excluded (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I.
2020/1656), arts. 1, 7(1) (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)
C222 S. 61(9) excluded (9.2.2021) by The A1 Birtley to Coal House Development Consent Order 2021 (S.I.
2021/74), arts. 1, 42(2) (with art. 5, Sch. 27 para. 36)
C223 S. 61(9) excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1),
Sch. 26 para. 4
C224 S. 61(9) excluded (19.2.2021) by The A303 Sparkford to Ilchester Dualling Development Consent
Order 2021 (S.I. 2021/125), arts. 1, 41(2) (with arts. 4, 47)
C225 S. 61(9) excluded (15.3.2021) by The Wheelabrator Kemsley K3 Generating Station Order 2021 (S.I.
2021/173), arts. 1, 13(3)
C226 S. 61(9) excluded (2.12.2021) by The South Humber Bank Energy Centre Order 2021 (S.I.
2021/1259), arts. 1, 24(2) (with Sch. 8 para. 48)
C227 S. 61(9) excluded (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts.
1, 38(2) (with arts. 15, 50, Sch. 11 para. 29)
C228 S. 61(9) excluded (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I.
2021/1414), arts. 1, 8(2) (with arts. 41, 42, Sch. 17 para. 66)
C229 S. 61(9) excluded (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I.
2022/138), arts. 1, 8(2) (with arts. 41, 42, Sch. 16)
C230 S. 61(9) excluded (10.3.2022) by The Thurrock Flexible Generation Plant Development Consent Order
2022 (S.I. 2022/157), arts. 1, 9(2) (with Sch. 8 Pt. 6 para. 19)
C231 S. 61(9) excluded (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1,
62(2) (with art. 55)
C232 S. 61(9) excluded (22.4.2022) by The East Anglia ONE North Offshore Wind Farm Order 2022 (S.I.
2022/432), arts. 1(2), 7(2) (with arts. 40, 41)
C233 S. 61(9) excluded (22.4.2022) by The East Anglia TWO Offshore Wind Farm Order 2022 (S.I.
2022/433), arts. 1(2), 7(2) (with arts. 40, 41)
C234 S. 61(9) excluded (27.4.2022) by The Little Crow Solar Park Order 2022 (S.I. 2022/436), arts. 1, 7(2)
C235 S. 61(9) excluded (12.5.2022) by The M54 to M6 Link Road Development Consent Order 2022 (S.I.
2022/475), arts. 1, 38(2)
C236 S. 61(9) excluded (2.6.2022) by The M25 Junction 10/A3 Wisley Interchange Development Consent
Order 2022 (S.I. 2022/549), arts. 1, 43(2) (with arts. 6, 34)
C237 S. 61(9) excluded (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I.
2022/573), arts. 1, 43(2) (with arts. 5, 36)
C238 S. 61(9) excluded (13.7.2022) by The A47 Blofield to North Burlingham Development Consent Order
2022 (S.I. 2022/738), arts. 1, 42(2) (with arts. 4, 50)
C239 S. 61(9) excluded (1.8.2022) by The Northumberland Line Order 2022 (S.I. 2022/820), arts. 1, 29(2)
(with Sch. 10 paras. 21, 43)
C240 S. 61(9) excluded (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I.
2022/853), arts. 1, 12(2) (with arts. 62, 76, 87)
C241 S. 61(9) excluded (2.9.2022) by The A47 North Tuddenham to Easton Development Consent Order
2022 (S.I. 2022/911), arts. 1, 43(2) (with arts. 4, 53)
C242 S. 61(9) excluded (8.9.2022) by The Manston Airport Development Consent Order 2022 (S.I.
2022/922), arts. 1, 38(2) (with arts. 5, 40)
C243 S. 61(9) excluded (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order
2022 (S.I. 2022/934), arts. 1, 46(2)
C244 S. 61(9) excluded (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury)
Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 41(2) (with art. 41(4))
C245 S. 61(9) excluded (4.11.2022) by The A47/A11 Thickthorn Junction Development Consent Order 2022
(S.I. 2022/1070), arts. 1, 44(2) (with arts. 4, 52, Sch. 9 para. 82)
C246 S. 61(9) excluded (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I.
2022/1194), arts. 1, 45(2) (with art. 51)
68 Control of Pollution Act 1974 (c. 40)
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

C247 S. 61(9) excluded (7.12.2022) by The A57 Link Roads Development Consent Order 2022 (S.I.
2022/1206), arts. 1, 40(2) (with art. 5)
C248 S. 61(9) excluded (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I.
2022/1248), arts. 1, 44(2) (with art. 4)
C249 S. 61(9) excluded (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating
Station) Order 2022 (S.I. 2022/1396), arts. 1, 40(2) (with art. 32, Sch. 10 paras. 26(2), 68)
C250 S. 61(9) excluded (11.1.2023) by The Network Rail (Cambridge South Infrastructure Enhancements)
Order 2022 (S.I. 2022/1406), arts. 1, 32(2) (with arts. 32(4), 34(2), Sch. 12 paras. 5, 47, 79)
C251 S. 61(9) excluded (13.2.2023) by The East Northamptonshire Resource Management Facility Order
2023 (S.I. 2023/110), arts. 1, 17(2) (with art. 9)
C252 S. 61(9) excluded (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I.
2023/218), arts. 1, 43(2) (with arts. 4, 50)
C253 S. 61(9) excluded (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), arts. 1, 7(2)
C254 S. 61(9) excluded (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778),
arts. 1, 44(3) (with arts. 5, 53, Sch. 8 paras. 6, 64)
C255 S. 61(9) excluded (2.8.2023) by The Rother Valley Railway (Bodiam to Robertsbridge Junction) Order
2023 (S.I. 2023/815), arts. 1, 27(2) (with art. 42)
C256 S. 61(9) excluded (3.8.2023) by The Hornsea Four Offshore Wind Farm Order 2023 (S.I. 2023/800),
arts. 1, 7(2) (with arts. 42, 43, Sch. 9)
C257 S. 61(9) excluded (4.8.2023) by The A303 (Amesbury to Berwick Down) Development Consent Order
2023 (S.I. 2023/834), arts. 1, 53(2) (with arts. 6(2), 18, Sch. 11 paras. 5, 30)
C258 S. 61(9) excluded (7.9.2023) by The A38 Derby Junctions Development Consent Order 2023 (S.I.
2023/923), arts. 1, 43(2) (with arts. 4, 45, Sch. 9 paras. 6, 46, 54(1))
C259 S. 61(9) excluded (11.10.2023) by The Awel y Môr Offshore Wind Farm Order 2023 (S.I. 2023/1033),
arts. 1, 8(2) (with arts. 36, 37, Sch. 9 paras. 14, 44(1), 76, 103)
C260 S. 61(9) excluded (7.2.2024) by The Drax Power Station Bioenergy with Carbon Capture and Storage
Extension Order 2024 (S.I. 2024/70), arts. 1, 36(2) (with art. 43, Sch. 12 paras. 5, 24)
C261 S. 61(9) excluded (9.2.2024) by The A12 Chelmsford to A120 Widening Development Consent Order
2024 (S.I. 2024/60), arts. 1, 50(2) (with arts. 4, 52, Sch. 11 paras. 6, 24, 39(1), 55(1), 84)
C262 S. 61(9) excluded (11.3.2024) by The Net Zero Teesside Order 2024 (S.I. 2024/174), arts. 1, 40(2)
(with arts. 42, 43, Sch. 12)
C263 S. 61(9) excluded (13.3.2024) by The Medworth Energy from Waste Combined Heat and Power
Facility Order 2024 (S.I. 2024/230), arts. 1, 40(2) (with Sch. 11 paras. 5, 22, 37, 47, 82, 110)
C264 S. 61(9) excluded (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024
(S.I. 2024/360), arts. 1, 47 (with arts. 18, 35, Sch. 9)
C265 S. 61(9) excluded (5.4.2024) by The National Grid (Yorkshire Green Energy Enablement Project)
Development Consent Order 2024 (S.I. 2024/393), arts. 1, 43(4) (with art. 44, Sch. 15)
C266 S. 61(9) excluded (11.4.2024) by The HyNet Carbon Dioxide Pipeline Order 2024 (S.I. 2024/436),
arts. 1(2), 9(4) (with arts. 21, 41, Sch. 10)
C267 S. 61(9) excluded (25.4.2024) by The Network Rail (Church Fenton Level Crossing Reduction) Order
2024 (S.I. 2024/526), arts. 1, 28(2) (with art. 28(4))
C268 S. 61(9) excluded (9.5.2024) by The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm
Order 2024 (S.I. 2024/564), arts. 1, 7(2) (with arts. 35, 36, Sch. 14)
C269 S. 61(9) excluded (14.6.2024) by The A1 in Northumberland: Morpeth to Ellingham Development
Consent Order 2024 (S.I. 2024/733), arts. 1, 45(2) (with art. 6, Sch. 10)

Marginal Citations
M29 1936 c. 49.
Control of Pollution Act 1974 (c. 40) 69
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Noise in streets

62 Noise in streets. E+W

(1) Subject to the provisions of this section, a loudspeaker in a street shall not be
operated—
(a) between the hours of nine in the evening and eight in the following morning,
for any purpose;
(b) At any other time, for the purpose of advertising any entertainment, trade or
business;
and any person who operates or permits the operation of a loudspeaker in
contravention of this subsection shall be guilty of an offence against this Part of this
Act.
[F189In this section] “street” means a highway and any other road, footway, square or
court which is for the time being open to the public.
F190
[(1A) Subject to subsection (1B) of this section, the Secretary of State may by order amend
the times specified in subsection (1)(a) of this section.
(1B) An order under subsection (1A) of this section shall not amend the times so as to
permit the operation of a loudspeaker in a street at any time between the hours of nine
in the evening and eight in the following morning.]
(2) [F191Subsection (1) of this section] shall not apply to the operation of a loudspeaker—
(a) for police, [F192fire and rescue authority] or ambulance purposes [F193or
for purposes relating to the functions of Ministry of Defence fire-fighters
(as defined in section 16 of the Armed Forces Act 2016)], by [F194the
[F195Environment Agency], [F196the Natural Resources Body for Wales,] a
water undertaker or a sewerage undertaker] in the exercise of any of its
functions, or by a local authority within its area;
(b) for communicating with persons on a vessel for the purpose of directing the
movement of that or any other vessel;
(c) if the loudspeaker forms part of a public telephone system;
(d) if the loudspeaker—
(i) is in or fixed to a vehicle, and
(ii) is operated solely for the entertainment of or for communicating with
the driver or a passenger of the vehicle or, where the loudspeaker is
or forms part of the horn or similar warning instrument of the vehicle,
solely for giving warning to other traffic, and
(iii) is so operated as not to give reasonable cause for annoyance to persons
in the vicinity;
(e) otherwise than on a highway , by persons employed in connection with a
transport undertaking used by the public in a case where the loudspeaker
is operated solely for making announcements to passengers or prospective
passengers or to other persons so employed;
(f) by a travelling showman on land which is being used for the purposes of a
pleasure fair;
(g) in case of emergency.
70 Control of Pollution Act 1974 (c. 40)
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(3) Subsection (1)(b) of this section shall not apply to the operation of a loudspeaker
between the hours of noon and seven in the evening on the same day if the
loudspeaker—
(a) is fixed to a vehicle which is being used for the conveyance of a perishable
commodity for human consumption; and
(b) is operated solely for informing members of the public (otherwise than by
means of words) that the commodity is on sale from the vehicle; and
(c) is so operated as not to give reasonable cause for annoyance to persons in the
vicinity.
F197
[(3A) Subsection (1) of this section shall not apply to the operation of a loudspeaker in
accordance with a consent granted by a local authority under Schedule 2 to the Noise
and Statutory Nuisance Act 1993.]
(4) An offence under this section in Scotland may be prosecuted in any court of summary
jurisdiction within the meaning of the M30Summary Jurisdiction (Scotland) Act 1954
having jurisdiction in the place where the offence was committed.

Extent Information
E3 This version of this provision extends to England and Wales only; a separate version has been created
for Scotland only.

Textual Amendments
F189 Words in s. 62(1) substituted (E.W.) (1.5.1994) by 1993 c. 40, ss. 7, 12(1).
F190 S.62(1A)(1B) inserted (E.W.) (5.1.1994) by 1993 c. 40, ss. 7(3)(6), 12(1).
F191 Words in s. 62(2) substituted (5.1.1994) by 1993 c. 40, ss. 7(4), 12(1).
F192 Words in s. 62(2)(a) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and
Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 45; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F193 Words in s. 62(2)(a) inserted (12.7.2016) by Armed Forces Act 2016 (c. 21), ss. 17(3), 19(3)(b)
F194 Words in s. 62(2)(a) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6),
160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(7), Sch. 26 paras. 3(1)(2), 17, 40(4),
57(6), 58
F195 Words in s. 62(2)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 28 (with ss. 7(6),
115, 117); S.I. 1996/186, art. 3
F196 Words in s. 62(2)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order
2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 116 (with Sch. 7)
F197 S. 62(3A) inserted (5.1.1994) by 1993 c. 40, ss. 7(5), 12(1).

Modifications etc. (not altering text)

C270 S. 69(1) power to exclude conferred (5.1.1994) by 1993 c. 40, ss. 8, 12(1), Sch. 2 para. 1(1)

Marginal Citations
M30 1954 c. 48.

62 Noise in streets. S
(1) Subject to the provisions of this section, a loudspeaker in a [F346road] shall not be
operated—
(a) between the hours of nine in the evening and eight in the following morning,
for any purpose;
Control of Pollution Act 1974 (c. 40) 71
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(b) At any other time, for the purpose of advertising any entertainment, trade or
business;
and any person who operates or permits the operation of a loudspeaker in
contravention of this subsection shall be guilty of an offence against this Part of this
Act.
F347
................................
F348
[(1A) Subject to subsection (1B) of this section, the Secretary of State may by order amend
the times specified in subsection (1)(a) of this section.
(1B) An order under subsection (1A) of this section shall not amend the times so as to
permit the operation of a loudspeaker in a road at any time between the hours of nine
in the evening and eight in the following morning.]
(2) [F349Subsection (1) of this section] shall not apply to the operation of a loudspeaker—
(a) for police F350... or ambulance purposes [F193or for purposes relating to the
functions of Ministry of Defence fire-fighters (as defined in section 16 of
the Armed Forces Act 2016)], [F351for or in connection with the exercise of
any function of [F352the Scottish Fire and Rescue Service],] by [F353Scottish
Water] in the exercise of any of its [F354core functions (within the meaning
of section 70(2) of the Water Industry (Scotland) Act 2002) (asp 3)], or by a
local authority within its area;
(b) for communicating with persons on a vessel for the purpose of directing the
movement of that or any other vessel;
(c) if the loudspeaker forms part of a public telephone system;
(d) if the loudspeaker—
(i) is in or fixed to a vehicle, and
(ii) is operated solely for the entertainment of or for communicating with
the driver or a passenger of the vehicle or, where the loudspeaker is
or forms part of the horn or similar warning instrument of the vehicle,
solely for giving warning to other traffic, and
(iii) is so operated as not to give reasonable cause for annoyance to persons
in the vicinity;
(e) otherwise than on a [F355public road (within the meaning of the Roads
(Scotland) Act 1984)], by persons employed in connection with a transport
undertaking used by the public in a case where the loudspeaker is operated
solely for making announcements to passengers or prospective passengers or
to other persons so employed;
(f) by a travelling showman on land which is being used for the purposes of a
pleasure fair;
(g) in case of emergency.
(3) Subsection (1)(b) of this section shall not apply to the operation of a loudspeaker
between the hours of noon and seven in the evening on the same day if the
loudspeaker—
(a) is fixed to a vehicle which is being used for the conveyance of a perishable
commodity for human consumption; and
(b) is operated solely for informing members of the public (otherwise than by
means of words) that the commodity is on sale from the vehicle; and
(c) is so operated as not to give reasonable cause for annoyance to persons in the
vicinity.
72 Control of Pollution Act 1974 (c. 40)
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F356
[(3A) Subsection (1) of this section shall not apply to the operation of a loudspeaker in
accordance with a consent granted by a local authority under Schedule 2 to the Noise
and Statutory Nuisance Act 1993.]
(4) An offence under this section in Scotland may be prosecuted in any court of summary
jurisdiction within the meaning of the M72Summary Jurisdiction (Scotland) Act 1954
having jurisdiction in the place where the offence was committed.

Extent Information
E6 This version of this provision extends to Scotland only; a separate version has been created for
England and Wales only.

Textual Amendments
F193 Words in s. 62(2)(a) inserted (12.7.2016) by Armed Forces Act 2016 (c. 21), ss. 17(3), 19(3)(b)
F346 Word in s. 62(1) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1) Sch. 9 para.
74(5)(a)(i)
F347 Words repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(5)(a)
(ii), Sch. 11
F348 S. 62(1A)(1B) inserted (S.) (5.1.1994) by 1993 c. 40, ss. 7(3)(6), 12(1).
F349 Words in s. 62(2) substituted (5.1.1994) by 1993 c. 40, ss. 7(4), 12(1).
F350 Words in s. 62(2)(a) repealed (S.) (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), s. 90, Sch. 3 para.
6(a) (with s. 77); S.S.I. 2005/392, art. 2(k)
F351 Words in s. 62(2)(a) inserted (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), s. 90, Sch. 3 para. 6(b)
(with s. 77); S.S.I. 2005/392, art. 2(k)
F352 Words in s. 62(2)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8),
s. 129(2), Sch. 7 para. 50; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I.
2013/121)
F353 Words in s. 62(2)(a) substituted (S.) (25.6.2003) by The Water Industry (Scotland) Act 2002
(Consequential Provisions) Order 2003 (S.S.I. 2003/331), art. 1, Sch. para. 4(5)(a)
F354 Words in s. 62(2)(a) substituted (S.) (25.6.2003) by The Water Industry (Scotland) Act 2002
(Consequential Provisions) Order 2003 (S.S.I. 2003/331), art. 1, Sch. para. 4(5)(b)
F355 Words in s. 62(2)(e) subtituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9
para. 74(5)(b)
F356 S. 62(3A) inserted (5.1.1994) by 1993 c. 40, ss. 7(5), 12(1).

Modifications etc. (not altering text)

C348 S. 62(1): power to exclude conferred (5.1.1994) by 1993 c. 40, ss. 8, 12(1), Sch. 2 para. 1(1)

Marginal Citations
M72 1954 c. 48.

Noise abatement zones

F198
63 Designation of zones.
................................
Control of Pollution Act 1974 (c. 40) 73
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Textual Amendments
F198 Ss. 63-67 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(2)(o); S.S.I. 2014/160, art. 2(1)(2), Sch.
Ss. 63-67 omitted (E.W.) (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13
para. 11; S.I. 2015/1732, art. 2(f)

F198
64 Register of noise levels.
................................

Textual Amendments
F198 Ss. 63-67 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(2)(o); S.S.I. 2014/160, art. 2(1)(2), Sch.
Ss. 63-67 omitted (E.W.) (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13
para. 11; S.I. 2015/1732, art. 2(f)

F198
65 Noise exceeding registered level.
................................

Textual Amendments
F198 Ss. 63-67 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(2)(o); S.S.I. 2014/160, art. 2(1)(2), Sch.
Ss. 63-67 omitted (E.W.) (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13
para. 11; S.I. 2015/1732, art. 2(f)

F198
66 Reduction of noise levels.
................................

Textual Amendments
F198 Ss. 63-67 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(2)(o); S.S.I. 2014/160, art. 2(1)(2), Sch.
Ss. 63-67 omitted (E.W.) (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13
para. 11; S.I. 2015/1732, art. 2(f)

F198
67 New buildings etc.
................................

Textual Amendments
F198 Ss. 63-67 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(2)(o); S.S.I. 2014/160, art. 2(1)(2), Sch.
74 Control of Pollution Act 1974 (c. 40)
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Ss. 63-67 omitted (E.W.) (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13
para. 11; S.I. 2015/1732, art. 2(f)

Noise from plant or machinery

68 Noise from plant or machinery.

(1) Provision may be made by regulations—
(a) for requiring the use on or in connection with plant or machinery of devices
or arrangements for reducing the noise caused by the plant or machinery;
(b) for limiting the level of noise which may be caused by any plant or machinery
when used for works to which section 60 of this Act applies or which may be
caused outside a factory within the meaning of the M31Factories Act 1961 by
the use of plant or machinery in the factory;
and regulations under this section may apply standards, specifications, descriptions or
tests laid down in documents not forming part of the regulations.
(2) It shall be the duty of the Secretary of State, before he makes regulations under this
section, to consult persons appearing to him to represent producers and users of plants
and machinery with a view to ensuring that the regulations do not contain requirements
which in his opinion would be impracticable or involve unreasonable expense.
[F199(2A) Subsection (2) does not apply to regulations which apply only in relation to England.]
(3) Any person who contravenes or causes or permits another person to contravene
regulations under this section shall be guilty of an offence against this Part of this
Act; but in any proceedings for a contravention or regulations made in pursuance
of paragraph (a) of subsection (1) of this section it shall be a defence to prove that
means were used for the purpose of reducing the noise in question which were not less
effective for that purpose than the means required by the regulations.
(4) Without prejudice to the generality of section 104(1)(a) of this Act, different
regulations may be made under this section for different localities, and it shall be the
duty of each local authority to enforce the provisions of regulations under this section
within its area; but nothing in this section shall be taken to authorise a local authority
in Scotland to institute proceedings for any offence.
(5) Nothing in this section or in regulations under this section shall be construed as
derogating from any other provision of this Part of this Act.

Textual Amendments
F199 S. 68(2A) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(l), Sch. 22 para. 4

Marginal Citations
M31 1961 c. 64.
Control of Pollution Act 1974 (c. 40) 75
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Supplemental

F200
69 Execution of works by local authority.
................................

Textual Amendments
F200 S. 69 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(2)(p); S.S.I. 2014/160, art. 2(1)(2), Sch.
S. 69 omitted (E.W.) (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para.
12; S.I. 2015/1732, art. 2(f)

70 Appeals to Secretary of State and magistrates’ court.

(1) Where any provision in this Part of this Act provides for an appeal to a magistrates’
court, the procedure shall be by way of complaint for an order and [F201the
M32
Magistrates’ Courts Act 1980] shall apply to the proceedings.
(2) The Secretary of State may make regulations as to appeals under this Part of this Act
to the Secretary of State or, subject to the preceding subsection, to magistrates’ courts;
and the regulations may in particular—
(a) include provisions comparable to those in section 290 of the M33Public Health
Act 1936 (appeals against notices requiring the execution of works);
(b) prescribe the cases in which a notice under this Part of this Act is, or is not,
to be suspended until the appeal is decided, or until some other stage in the
proceedings;
(c) prescribe the cases in which the decision on appeal may in some respects be
less favourable to the appellant than the decision from which he is appealing;
(d) prescribe the cases in which the appellant may claim that a notice should have
been served on some other person and prescribe the procedure to be followed
in those cases.
(3) Regulations under this section may prescribe the procedure and practice as respect
appeals to the Secretary of State under this Part of this Act, and in particular may make
provision as respects—
(a) the particulars to be included in the notice of appeal;
(b) the persons on whom notice of appeal is to be served and the particulars, if
any, to accompany the notice; and
(c) the abandonment of an appeal.
(4) In entertaining any appeal under this Part of this Act the Secretary of State, or as the
case may be the magistrates’ court, shall have regard to any duty imposed by law on
the appellant which concerns the activities in the course of which the noise is emitted.
(5) In the application of this section to Scotland, subsection (1) and the reference to that
subsection in subsection (2) shall not have effect.

Textual Amendments
F201 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)
76 Control of Pollution Act 1974 (c. 40)
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Marginal Citations
M32 1980 c. 43.
M33 1936 c. 49.

71 Codes of practice for minimising noise.

(1) For the purpose of giving guidance on appropriate methods (including the use of
specified types of plant or machinery) for minimising noise, the Secretary of State
may—
(a) prepare and approve and issue such codes of practice as in his opinion are
suitable for the purpose; and
(b) Approve such codes of practice issued or proposed to be issued otherwise than
by the Secretary of State as in the opinion of the Secretary of State are suitable
for the purpose.
(2) The Secretary of State shall under paragraph (a) or paragraph (b) of the preceding
subsection approve a code of practice for the carrying out of works to which section 60
of this Act applies.
(3) The powers conferred by this section on the Secretary of State shall be exercisable by
order, and shall include power to vary or revoke a previous order under this section.

72 “Best practicable means”.

(1) This section shall apply for the construction of references in this Part of this Act to
best practicable means.
(2) In that expression “practicable” means reasonably practicable having regard among
other things to local conditions and circumstances, to the current state of technical
knowledge and to the financial implications.
(3) The means to be employed include the design, installation, maintenance and manner
and periods of operation of plant and machinery, and the design, construction and
maintenance of buildings and acoustic structures.
(4) The test of best practicable means is to apply only so far as compatible with any duty
imposed by law, and in particular is to apply to statutory undertakers only so far as
compatible with the duties imposed on them in their capacity of statutory undertakers.
(5) The said test is to apply only so far as compatible with safety and safe working
conditions, and with the exigencies of any emergency or unforseeable circumstances.
(6) Subject to the preceding provisions of this section, regard shall be had, in construing
references to “best practicable means”, to any relevant provision of a code of practice
approved under the preceding section.

73 Interpretation and other supplementary provisions. E+W

(1) Except where the context otherwise requires, in this Part of this Act—
“contravention” includes a failure to comply with the provision in question,
and “contravene” shall be construed accordingly;
“local authority” means—
Control of Pollution Act 1974 (c. 40) 77
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(a) in England F202. . . , the council of a district or a London borough, the

Common Council of the City of London, the Sub-Treasurer of the Inner
Temple and the Under Treasurer of the Middle Temple;
(aa) [F203in Wales, the council of a county or a county borough;] and
(b) in Scotland, an islands or district council;
“noise” includes vibration;
F204
...
F204
...
F204
...
F204
...
“statutory undertakers” means persons authorised by any enactment to
carry on any railway, light railway, tramway, road transport, water transport,
canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any
undertaking for the supply of . . . F205, . . . F206, [F207or hydraulic power], and
includes [F208a universal service provider (within the meaning of [F209Part 3
of the Postal Services Act 2011]) in his capacity as a person who provides a
universal postal service (within the meaning of [F210that Part])];
“work of engineering construction” means the construction, structural
alteration, maintenance or repair of any railway line or siding or any dock,
harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir,
pipeline, aqueduct, sewer, sewage works or gasholder.
(2) The area of a local authority which includes part of the seashore shall also include for
the purposes of this Part of this Act, except [F211section 62] , the territorial sea lying
seawards from that part of the shore; and—
F212
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) this Part of this Act (except [F211section 62] and this subsection) shall have
effect, in relation to any area included in the area of a local authority by virtue
of this subsection—
(i) As if references to premises and the occupier of premises included
respectively a vessel and the master of a vessel, and
(ii) with such other modifications, if any, as are prescribed.
(3) Where more than one person is responsible for noise, this Part of this Act shall apply
to each of those persons whether or not what any one of them is responsible for would
by itself amount to a nuisance, or would result in a level of noise justifying action
under this Part of this Act.
(4) This Part of this Act does not apply to noise caused by aircraft other than model aircraft
and does not confer functions on port health authorities.

Extent Information
E4 This version of this provision extends to England and Wales only; a separate version has been created
for Scotland.

Textual Amendments
F202 S. 73(1): words in the definition of “local authority” repealed (1.4.1996) by 1994 c. 19, ss. 22(3),
66(8), Sch. 9 para. 10(3), Sch. 18 (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396,
arts. 3, 4, Schs. 1, 2
78 Control of Pollution Act 1974 (c. 40)
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F203 S. 73(1): para. (aa) in the definition of “local authority” inserted (1.4.1996) by 1994 c. 19, s. 22(3),
Sch. 9 para. 10(3) (with ss. 54(4)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F204 Words in s. 73(1) omitted (E.W.) (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7),
Sch. 13 para. 13(a); S.I. 2015/1732, art. 2(f)
F205 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 paras. 33, 35(1), Sch. 18
F206 “gas,” repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I
F207 Words in s. 73(1) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6),
160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(8), Sch. 26 paras. 3(1)(2), 17, 40(4),
57(6), 58
F208 S. 73(1): By S.I. 2001/1149, art. 3(1), Sch. 1 para. 38 it is provided (26.3.2001) that in the definition
of “statutory undertakers” the words “a universal service provider (within the meaning of the Postal
Services Act 2000) in his capacity as a person who provides a universal postal service (within the
meaning of that Act)” shall be substituted for the words “the Post Office”
F209 Words in s. 73(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para.
97(a); S.I. 2011/2329, art. 3
F210 Words in s. 73(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para.
97(b); S.I. 2011/2329, art. 3
F211 Words in s. 73(2) substituted (E.W.) (1.10.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13
para. 13(b); S.I. 2015/1732, art. 2(f)
F212 S. 73(2)(a) repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. II

Modifications etc. (not altering text)

C271 S. 73 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxix), Sch. 8 para. 33
s. 73 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxii); S.I. 1996/218, art. 2

73 Interpretation and other supplementary provisions. S

(1) Except where the context otherwise requires, in this Part of this Act—
“contravention” includes a failure to comply with the provision in question,
and “contravene” shall be construed accordingly;
F357
................................
“local authority” means—
(a) in England . . . F202, the council of a district or a London borough, the
Common Council of the City of London, the Sub-Treasurer of the Inner
Temple and the Under Treasurer of the Middle Temple;
(aa) [F203in Wales, the council of a county or a county borough;] and
(b) in Scotland, an islands or district council;
“noise” includes vibration;
F358
................................
F359
................................
F360
................................
F361
................................
F362
................................
“statutory undertakers” means persons authorised by any enactment to carry on
any railway, light railway, tramway, road transport, water transport, canal, inland
navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking
for the supply of . . . F205, . . . F206, [F207or hydraulic power], and includes
[F208a universal service provider (within the meaning of [F209Part 3 of the Postal
Services Act 2011]) in his capacity as a person who provides a universal postal
service (within the meaning of [F210that Part])];
Control of Pollution Act 1974 (c. 40) 79
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

“work of engineering construction” means the construction, structural alteration,

maintenance or repair of any railway line or siding or any dock, harbour, inland
navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipeline, aqueduct,
sewer, sewage works or gasholder.
(2) The area of a local authority which includes part of the seashore shall also include for
the purposes of this Part of this Act, except [F363section 62], the territorial sea lying
seawards from that part of the shore; and—
F364
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) this Part of this Act (except [F363section 62] and this subsection) shall have
effect, in relation to any area included in the area of a local authority by virtue
of this subsection—
(i) As if references to premises and the occupier of premises included
respectively a vessel and the master of a vessel, and
(ii) with such other modifications, if any, as are prescribed.
(3) Where more than one person is responsible for noise, this Part of this Act shall apply
to each of those persons whether or not what any one of them is responsible for would
by itself amount to a nuisance, or would result in a level of noise justifying action
under this Part of this Act . . . F365
[F366(3A) In the definition of “statutory undertakers” in subsection (1), “enactment” includes
an enactment comprised in, or in an instrument made under, an Act of the Scottish
Parliament.]
(4) This Part of this Act does not apply to noise caused by aircraft other than model aircraft
and does not confer functions on port health authorities.

Extent Information
E7 This version of this provision extends to Scotland only; a separate version has been created for
England and Wales only.

Textual Amendments
F202 S. 73(1): words in the definition of “local authority” repealed (1.4.1996) by 1994 c. 19, ss. 22(3),
66(8), Sch. 9 para. 10(3), Sch. 18 (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396,
arts. 3, 4, Schs. 1, 2
F203 S. 73(1): para. (aa) in the definition of “local authority” inserted (1.4.1996) by 1994 c. 19, s. 22(3),
Sch. 9 para. 10(3) (with ss. 54(4)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F205 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 paras. 33, 35(1), Sch. 18
F206 “gas,” repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I
F207 Words in s. 73(1) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6),
160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(8), Sch. 26 paras. 3(1)(2), 17, 40(4),
57(6), 58
F208 S. 73(1): By S.I. 2001/1149, art. 3(1), Sch. 1 para. 38 it is provided (26.3.2001) that in the definition
of “statutory undertakers” the words “a universal service provider (within the meaning of the Postal
Services Act 2000) in his capacity as a person who provides a universal postal service (within the
meaning of that Act)” shall be substituted for the words “the Post Office”
F209 Words in s. 73(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para.
97(a); S.I. 2011/2329, art. 3
F210 Words in s. 73(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para.
97(b); S.I. 2011/2329, art. 3
80 Control of Pollution Act 1974 (c. 40)
Part III – Noise
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F357 S. 73(1): definition of “equipment” repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6),
115, 117); S.I. 1996/186, art. 3
F358 Words in s. 73(1) repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2),
Sch. 3 para. 16(7)(a)(i); S.S.I. 2014/160, art. 2(1)(2), Sch.
F359 Words in s. 73(1) repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2),
Sch. 3 para. 16(7)(a)(ii); S.S.I. 2014/160, art. 2(1)(2), Sch.
F360 Words in s. 73(1) repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2),
Sch. 3 para. 16(7)(a)(iii); S.S.I. 2014/160, art. 2(1)(2), Sch.
F361 Words in s. 73(1) repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2),
Sch. 3 para. 16(7)(a)(iv); S.S.I. 2014/160, art. 2(1)(2), Sch.
F362 S. 73(1): definition of “road noise” repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6),
115, 117); S.I. 1996/186, art. 3
F363 Words in s. 73(2) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s.
61(2), Sch. 3 para. 16(7)(b); S.S.I. 2014/160, art. 2(1)(2), Sch.
F364 S. 73(2)(a) repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. II
F365 Words in s. 73(3) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I.
1996/186, art. 3
F366 S. 73(3A) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 39(2); S.S.I. 2014/160, art. 2(1)(2), Sch.

Modifications etc. (not altering text)

C349 S. 73 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxix), Sch. 8 para. 33
C350 S. 73 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxii); S.I. 1996/218, art. 2

74 Penalties.
(1) . . . F213, a person guilty of an offence against this Part of this Act shall be liable on
summary conviction—
(a) [F214in the case of a first offence against this Part of this Act,] to a fine not
exceeding [F215level 5 on the standard scale][F216; and
(b) in the case of a second or subsequent offence against this Part of this Act, to
a fine not exceeding [F217level 5 on the standard scale],
together, in any case, with a further fine not exceeding £50 for each day on which the
offence continues after the conviction.]
[F216(2) In determining whether an offence is a second or subsequent offence against this Part
of this Act, account shall be taken of any offence—
(a) under section 24 of the M34Public Health (Scotland) Act 1897 by way of
contravening a decree or interdict relating to noise; or
(b) under section 95 of the M35Public Health Act 1936 by way of contravening a
nuisance order relating to noise, [F218; or
(c) under section 80(4) of the Environmental Protection Act 1990,]
as if it were an offence against this Part of this Act.]

Textual Amendments
F213 Words in s. 74 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I.
1996/186, art. 3
F214 Words in s. 74(1)(a) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s.
61(2), Sch. 3 para. 16(8)(a); S.S.I. 2014/160, art. 2(1)(2), Sch.
Control of Pollution Act 1974 (c. 40) 81
Part IV –
Document Generated: 2024-06-19
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F215 Words in s. 74(1)(a) substituted (S.) (11.4.1983) by virtue of Criminal Procedure (Scotland) Act 1975
(c. 21), ss. 289E—289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)
F216 Words in s. 74 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2),
Sch. 3 para. 16(8)(b); S.S.I. 2014/160, art. 2(1)(2), Sch.
F217 Words in s. 74(1)(b) substituted (S.) (11.4.1983) by virtue of Criminal Procedure (Scotland) Act 1975
(c. 21), ss. 389F, 389G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)
F218 S. 74(2)(c) and word “; or” immediately preceding it inserted (E.W.S.) by Environmental Protection
Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 15(5)

Marginal Citations
M34 1897 c. 38.
M35 1936 c. 49.

F219
PART IV

Textual Amendments
F219 Ss. 75-84 (Pt. IV) repealed (27.8.1993) by 1993 c.11, ss. 67(3), 68(2), Sch. 6

Prevention of atmospheric pollution

Information about atmospheric pollution

Interpretation

PART V

SUPPLEMENTARY PROVISIONS

Modifications etc. (not altering text)

C293 Pt. V applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority
Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2
82 Control of Pollution Act 1974 (c. 40)
Part V – Supplementary provisions
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

C294 Pt. V functions transferred and modified (E.) (14.6.2016) by The River Tees Port Health Authority
Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2
C295 Pt. V functions transferred and modified (E.) (31.3.2017) by The Weymouth Port Health Authority
Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

Legal proceedings

85 Appeals to Crown Court or Court of Session against decisions of magistrates’

court or sheriff.
(1) An appeal against any decision of a magistrates’ court in pursuance of this Act (other
than a decision made in criminal proceedings) shall lie to the Crown Court at the
instance of any party to the proceedings in which the decision was given if such an
appeal does not lie to the Crown Court by virtue of any other enactment.
(2) In Scotland an appeal against any decision of the sheriff in pursuance of this Act (other
than a decision made in criminal proceedings) shall lie to the Court of Session at the
instance of any party to the proceedings in which the decision was given if such an
appeal does not lie to the Court of Session by virtue of any other enactment.
(3) Where a person appeals to the Crown Court or the Court of Session against a decision
of a magistrates’ court or the sheriff dismissing an appeal against a notice served in
pursuance of this Act which was suspended pending determination of that appeal, the
notice shall again be suspended pending the determination of the appeal to the Crown
Court or Court of Session.
[F236(4) In subsection (2), “enactment” includes an enactment comprised in, or in an instrument
made under, an Act of the Scottish Parliament.]

Textual Amendments
F236 S. 85(4) added (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 39(3); S.S.I. 2014/160, art. 2(1)(2), Sch.

86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F237

Textual Amendments
F237 S. 86 repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163,
189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

87 Miscellaneous provisions relating to legal proceedings.

(1) When an offence under this Act which has been committed by a body corporate is
proved to have been committed with the consent or connivance of, or to be attributable
to any neglect on the part of, any director, manager, secretary or other similar officer
of the body corporate or any person who was purporting to act in any such capacity,
he as well as the body corporate shall be guilty of that offence and be liable to be
proceeded against and punished accordingly.
Control of Pollution Act 1974 (c. 40) 83
Part V – Supplementary provisions
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Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Where the affairs of a body corporate are managed by its members the preceding
provisions of this subsection shall apply in relation to the acts and defaults of a member
in connection with his functions of management as if he were a director of the body
corporate.
(2) Where the commission by any person of an offence under this Act is due to the act
or default of some other person, that other person shall be guilty of the offence; and a
person may be charged with and convicted of an offence by virtue of this subsection
whether or not proceedings for the offence are taken against any other person.
[F238(3) F239... Notwithstanding anything in [F240section 331 of the Criminal Procedure
(Scotland) Act 1975], summary proceedings in Scotland for any [F240offence under
section 30F of this Act or regulations or byelaws made in pursuance of section 31 of
this Act] such offence may be commenced at any time within one year from the time
when the offence was committed, and [F240subsection (3) of section 331 of the said
Act of 1975] shall apply for the purposes of this subsection, F239... as that subsection
applies for the purposes of that section.]
(4) Where an appeal against a decision of a relevant authority lies to a magistrates’ court
by virtue of any provision of this Act, it shall be the duty of the authority to include
in any document by which it notifies the decision to the person concerned a statement
indicating that such an appeal lies as aforesaid and specifying the time within which
it must be brought.
(5) Where on an appeal to any court against or arising out of a decision of a relevant
authority in pursuance of this Act the court varies or reverses the decision it shall be
the duty of the authority to act in accordance with the court’s decision.
(6) A judge of any court and a justice of the peace shall not be disqualified from acting
in cases arising under this Act by reason of his being, as one of several ratepayers or
as one of any other class of persons, liable in common with the others to contribute to
or be benefited by any rate or fund out of which any expenses of a relevant authority
are to be defrayed.

Textual Amendments
F238 S. 87(3) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(2)(q); S.S.I. 2014/160, art. 2(1)(2), Sch.
F239 Words in s. 87(3) repealed (1.4.1996) by 1995 c. 25, ss. 106, 120(3), Sch. 16 para. 9(a)(e) (with ss.
7(6), 115, 117); S.I. 1996/186, art. 3
F240 Words in s. 87(3) substituted (S.) (1.4.1996) by 1995 c. 25, s. 106, Sch. 16 para. 9(b)(c)(d) (with ss.
7(6), 115, 117); S.I. 1996/186, art. 3

F241
88 Civil liability for contravention of s. 3(3).
(1) Where any damage is caused by poisonous, noxious or polluting waste which has been
deposited on land, any person who deposited it or caused or knowingly permitted it to
be deposited, in either case so as to commit an offence under section 3(3) or by virtue
of section 18(2) of this Act, is liable for the damage except where the damage—
(a) was due wholly to the fault of the person who suffered it; or
(b) was suffered by a person who voluntarily accepted the risk thereof.
84 Control of Pollution Act 1974 (c. 40)
Part V – Supplementary provisions
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(2) The matters which under paragraphs (a) to (c) of subsection (4) of section 3 of this
Act may be proved by way of defence to a charge of committing an offence under
subsection (3) of that section may be proved also by way of defence to an action
brought by virtue of the preceding subsection (the reference in the said paragraph (a) to
the charge being construed as a reference to the act alleged to give rise to the liability).
(3) In this section—
“damage” includes the death of, or injury to, any person (including any
disease and any impairment of physical or mental condition);
“fault” has the same meaning as in the M41Law Reform (Contributory
Negligence) Act 1945; and
“land” includes such water as is mentioned in section 4(4) of this Act.
(4) For the purposes of the following enactments, namely—
(a) the Fatal Accidents Acts 1846 to 1959;
(b) the M42Law Reform (Contributory Negligence) Act 1945; and
[F242(c) the M43Limitation Act 1980]
and for the purposes of any action of damages in Scotland arising out of the death
of, or personal injury to, any person, any damage for which a person is liable under
subsection (1) of this section shall be treated as due to his fault.
(5) Subsection (1) of this section is without prejudice to any liability which arises apart
from the provisions of this section.

Textual Amendments
F241 S. 88 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(2)(r); S.S.I. 2014/160, art. 2(1)(2), Sch.
F242 S. 88(4)(c) substituted by Limitation Act 1980 (c. 58), Sch. 3 para. 12

Modifications etc. (not altering text)

C296 S. 88(4)(a) extended by Fatal Accidents Act 1976 (c. 30), Sch. 1 para. 2

Marginal Citations
M41 1945 c. 28.
M42 1945 c. 28.
M43 1980 c. 58.

Financial provisions

89 Expenses and receipts of Secretary of State etc.

(1) There shall be paid out of money provided by Parliament—
(a) Any expenses incurred by the Secretary of State for the purposes of this Act;
and
(b) Any increase attributable to the provisions of this Act in the sums payable
under any other Act out of money so provided.
(2) Any sums received by the Secretary of State by virtue of this Act shall be paid into
the Consolidated Fund.
Control of Pollution Act 1974 (c. 40) 85
Part V – Supplementary provisions
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F243
90 Establishment charges and interest in respect of certain expenses of authorities.
F244
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) [F245Where a sum is payable to a] relevant authority by any person by virtue of this
Act in respect of the expenses incurred by the authority or by virtue of section 36 of
the M44Local Government Act 1974 in respect of establishment charges related to such
expenses or by virtue of section 193 of the M45Local Government (Scotland) Act 1947
in respect of general expenses related to such expenses, then—
(a) the authority and that person may agree that the sum F246... shall be paid in
instalments; and
(b) the authority shall be entitled to receive from that person interest on the sum
F246
... , or on such portion of it as is for the time being unpaid, at [F247such
reasonable rate or rates as the authority may determine].
(3) In the application of this section to Scotland, for the references to a water authority
there shall be substituted references to [F248SEPA].

Textual Amendments
F243 S. 90 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(2)(s); S.S.I. 2014/160, art. 2(1)(2), Sch.
F244 S. 90(1) repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
F245 Words commencing “Where a sum” substituted (E.W.) for words commencing “Where such a sum”
by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190,
193(1), Sch. 25 para. 48(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F246 Words repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
F247 Words substituted by Local Government Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para. 17
F248 Words in s. 90(3) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(30) (with ss. 7(6),
115, 117); S.I. 1996/186, art. 3

Marginal Citations
M44 1974 c. 7.
M45 1947 c. 43.

Miscellaneous

91 Rights of entry and inspection etc.

(1) Any person authorised in writing in that behalf by a relevant authority may at any
reasonable time—
(a) enter upon any land or vessel for the purpose of—
(i) performing any function conferred on the authority or that person by
virtue of this Act, or
(ii) determining whether, and if so in what manner, such a function should
be performed, or
(iii) determining whether any provision of this Act or of an instrument
made by virtue of this Act is being complied with;
86 Control of Pollution Act 1974 (c. 40)
Part V – Supplementary provisions
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(b) carry out such inspections, measurements and tests on the land or vessel or
of any articles on it and take away such samples of the land or articles as he
considers appropriate for such a purpose.
(2) If it is shown to the satisfaction of a justice of the peace on sworn information in
writing—
(a) that admission to any land or vessel which a person is entitled to enter in
pursuance of the preceding subsection has been refused to that person or that
refusal is apprehended or that the land or vessel is unoccupied or that the
occupier is temporarily absent or that the case is one of emergency or that an
application for admission would defeat the object of the entry; and
(b) that there is reasonable ground for entry upon the land or vessel for the purpose
for which entry is required,
then, subject to the following subsection, the justice may by warrant under his hand
authorise that person to enter the land or vessel, if need be by force.
(3) A justice of the peace shall not issue a warrant in pursuance of the preceding subsection
in respect of any land or vessel unless he is satisfied—
(a) that admission to the land or vessel in pursuance of subsection (1) of this
section was sought after not less than seven days notice of the intended entry
had been served on the occupier; or
(b) that admission to the land or vessel in pursuance of that subsection was sought
in an emergency and was refused by or on behalf of the occupier; or
(c) that the land or vessel is unoccupied; or
(d) that an application for admission to the land or vessel would defeat the object
of the entry.
(4) A warrant issued in pursuance of this section shall continue in force until the purpose
for which the entry is required has been satisfied.
(5) In the application of this section to Scotland—
F249
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Any reference to a justice of the peace shall include a reference to the sheriff.

Textual Amendments
F249 S. 91(5)(a) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 29(31), Sch. 24 (with ss. 7(6),
115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C297 Ss. 91-94 extended (with modifications) (14.10.1991) by Control of Pollution (Amendment) Act 1989
(c. 14, SIF 46:4), s. 7(1); S.I. 1991/1618, art. 3
C298 S. 91 extended (20.9.2000) by 2000 c. vii, ss. 1(1), 18(a)
C299 S. 91: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 2
S. 91: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2
S. 91 modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2
S. 91 modified (10.1.1992 by S.I. 1991/2913, art. 8(2)(3), Sch. 2
C300 S. 91 modified (E.) (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I.
2010/1218), arts. 1(1), 4, Sch.
C301 S. 91 modified (E.) (6.4.2010) by The Cornwall Port Health Authority Order 2010 (S.I. 2010/1215),
arts. 1(1), 4, Sch. (with art. 2)
Control of Pollution Act 1974 (c. 40) 87
Part V – Supplementary provisions
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

C302 S. 91 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts.
1(1), 4, Sch.
C303 S. 91 modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217),
arts. 1(1), 4, Sch.
C304 S. 91 modified (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I. 2010/1214), arts.
1, 4, Sch.

92 Provisions supplementary to s. 91.

(1) A person authorised to enter upon any land or vessel in pursuance of the preceding
section shall, if so required, produce evidence of his authority before he enters upon
the land or vessel.
(2) A person so authorised may take with him on to the land or vessel in question such
other persons and such equipment as may be necessary.
(3) Admission to any land or vessel used for residential purposes and admission with
heavy equipment to any other land or vessel shall not, except in an emergency or in a
case where the land or vessel is unoccupied, be demanded as of right in pursuance of
subsection (1) of the preceding section unless a notice of the intended entry has been
served on the occupier not less than seven days before the demand.
(4) A person who, in the exercise of powers conferred on him by virtue of the preceding
section or this section, enters upon any land or vessel which is unoccupied or of which
the occupier is temporarily absent shall leave the land or vessel as effectually secured
against trespassers as he found it.
(5) It shall be the duty of a relevant authority to make full compensation to any person
who has sustained damage by reason of—
(a) the exercise by a person authorised by the authority of any powers conferred
on the person so authorised by virtue of the preceding section or this section;
or
(b) the failure of a person so authorised to perform the duty imposed on him by
the preceding subsection,
except where the damage is attributable to the default of the person who sustained
it; and any dispute as to a person’s entitlement to compensation in pursuance of this
subsection or as to the amount of the compensation shall be determined by arbitration.
(6) A person who wilfully obstructs another person acting in the exercise of any powers
conferred on the other person by virtue of the preceding section or this section shall
be guilty of an offence and liable on summary conviction to a fine not exceeding
[F250£100][F250level 3 on the standard scale].
(7) In the preceding section and this section any reference to an emergency is a reference
to a case where a person requiring entry to any land or vessel has reasonable cause
to believe that circumstances exist which are likely to endanger life or health and that
immediate entry to the land or vessel is necessary to verify the existence of those
circumstances or to ascertain their cause or to effect a remedy.
88 Control of Pollution Act 1974 (c. 40)
Part V – Supplementary provisions
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Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Textual Amendments
F250 Words “level 3 on the standard scale”substituted (11.4.1983) for words “£100” by virtue of (E.W.)
Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21),
ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C305 Ss. 91-94 extended (with modifications) (14.10.1991) by Control of Pollution (Amendment) Act 1989
(c. 14, SIF 46:4), ss. 7(1); S.I. 1991/1618, art. 3
C306 S. 92 extended (20.9.2000) by 2000 c. vii, ss. 1(1), 18
C307 S. 92: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 2
S. 92: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2
S. 92 modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2
S. 92 modified (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2
C308 S. 92 modified (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I. 2010/1214), arts.
1, 4, Sch.
C309 S. 92 modified (E.) (6.4.2010) by The Cornwall Port Health Authority Order 2010 (S.I. 2010/1215),
arts. 1(1), 4, Sch. (with art. 2)
C310 S. 92 modified (E.) (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I.
2010/1218), arts. 1(1), 4, Sch.
C311 S. 92 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts.
1(1), 4, Sch.
C312 S. 92 modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217),
arts. 1(1), 4, Sch.

93 Power of authorities to obtain information.

(1) Subject to the following subsection, a relevant authority may serve on any person a
notice requiring him to furnish to the authority, within a period or at times specified in
the notice and in a form so specified, any information so specified which the authority
reasonably considers that it needs for the purposes of any function conferred on the
authority by this Act.
(2) Provision may be made by regulations for restricting the information which may be
required in pursuance of the preceding subsection and for determining the form in
which the information is to be so required.
F251
[(3) A person who—
(a) fails without reasonable excuse to comply with the requirements of a notice
served on him in pursuance of this section; or
(b) in furnishing any information in compliance with such a notice, makes any
statement which he knows to be false or misleading in a material particular
or recklessly makes any statement which is false or misleading in a material
particular,
shall be guilty of an offence.
(3A) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to a fine or to imprisonment for a term not
exceeding two years, or to both.]
F252
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Control of Pollution Act 1974 (c. 40) 89
Part V – Supplementary provisions
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Textual Amendments
F251 S. 93(3)(3A) substituted (1.4.1996) for s. 93(3) by 1995 c. 25, s. 112, Sch. 19 para. 1(3) (with ss. 7(6),
115, 117); S.I. 1996/186, art. 3
F252 S. 93(4) repealed (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with Sch. Pt. III)

Modifications etc. (not altering text)

C313 Ss. 91-94 extended (with modifications) (14.10.1991) by Control of Pollution (Amendment) Act 1989
(c. 14, SIF 46:4), s. 7(1); S.I. 1991/1618, art. 3
C314 S. 93: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2
S. 93 modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2
S. 93: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2
S. 93 modified (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2
C315 S. 93 modified (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), arts.
1(1), 4, Sch.
C316 S. 93 modified (6.4.2010) by The Cornwall Port Health Authority Order 2010 (S.I. 2010/1215), arts.
1(1), 4, Sch. (with art. 2)
C317 S. 93 modified (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts.
1(1), 4, Sch.
C318 S. 93 modified (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I. 2010/1218),
arts. 1(1), 4, Sch.
C319 S. 93 modified (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I. 2010/1214), arts.
1, 4, Sch.

94 Prohibition of disclosure of information.

(1) If a person discloses information relating to any trade secret used in carrying on a
particular undertaking and the information has been given to him or obtained by him
by virtue of this Act he shall, subject to the following subsection, be guilty of an
offence and liable on summary conviction to a fine not exceeding [F253level 5 on the
standard scale].
(2) A person shall not be guilty of an offence under the preceding subsection by virtue of
the disclosure of any information if—
(a) the disclosure is made—
(i) in the performance of his duty, or
(ii) in pursuance of section 79(1)(b) of this Act, or
(iii) with the consent in writing of a person having a right to disclose the
information; or
(b) the information is of a kind prescribed for the purposes of this paragraph and,
if regulations made for those purposes provide that information of that kind
may only be disclosed in pursuance of the regulations to prescribed persons,
the disclosure is to a prescribed person.
F254
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
90 Control of Pollution Act 1974 (c. 40)
Part V – Supplementary provisions
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Textual Amendments
F253 Words “level 5 on the standard scale” substituted (11.4.1983) by virtue of (E.W.) Criminal Justice Act
1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as
inserted by Criminal Justice Act 1982 (c. 48), s. 54)
F254 S. 94(3) repealed (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions)
(Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. I (with Sch. Pt. III)

Modifications etc. (not altering text)

C320 Ss. 91-94 extended (with modifications) (14.10.1991) by Control of Pollution (Amendment) Act 1989
(c. 14, SIF 46:4), s. 7(1); S.I. 1991/1618, art. 3
C321 S. 94 excluded (14.10.1991) by Control of Pollution (Amendment) Act 1989 (c. 14, SIF 46:4), s. 7(2);
S.I. 1991/1618, art. 3
C322 S. 94: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2
S. 94 modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2
S. 94: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 2
S. 94 modified (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2
C323 S. 94 modified (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I. 2010/1214), arts.
1, 4, Sch.
C324 S. 94 modified (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), arts.
1(1), 4, Sch.
C325 S. 94 modified (6.4.2010) by The Cornwall Port Health Authority Order 2010 (S.I. 2010/1215), arts.
1(1), 4, Sch. (with art. 2)
C326 S. 94 modified (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts.
1(1), 4, Sch.
C327 S. 94 modified (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I. 2010/1218),
arts. 1(1), 4, Sch.

[F25595 Service of documents on and by certain undertakers.

Section 187 of the Water Act 1989 (service of documents) shall apply for the purposes
of the service of any document required or authorised by virtue of this Act to be served
on or by a water undertaker or sewerage undertaker as it applies for the purposes of
the service of any document required or authorised by virtue of that Act to be served
on or by any person.]

Textual Amendments
F255 S. 95 substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163,
189(4)-(10), 190, 193(1), Sch. 25 para. 48(10), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

96 Local inquiries.
(1) The Secretary of State may cause a local inquiry to be held in any case in which he
considers it appropriate for such an inquiry to be held either in connection with a
provision of this Act or with a view to preventing or dealing with pollution [F256other
than air pollution] or noise at any place.
(2) Subsections (2) to (5) of section 250 of the M46Local Government Act 1972 (which
contain supplementary provisions with respect to local inquiries held in pursuance of
that section) shall, without prejudice to the generality of subsection (1) of that section,
Control of Pollution Act 1974 (c. 40) 91
Part V – Supplementary provisions
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

apply to inquiries in England and Wales in pursuance of the preceding subsection as

they apply to inquiries in pursuance of that section [F257but as if the reference to a local
authority in subsection (4) included a reference to a water authority.]
(3) Subsections (2) to (8) of section 210 of the M47Local Government (Scotland) Act 1973
(local inquiries) shall, without prejudice to the generality of subsection (1) of that
section, apply to inquiries in Scotland in pursuance of subsection (1) of this section as
they apply to inquiries held in pursuance of that section. . . F258

Textual Amendments
F256 Words in s. 96(1) inserted (27.8.1993) by 1993 c. 11, ss. 67(1), 68(2), Sch. 4 para. 2
F257 Words repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
F258 Words in s. 96(3) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 29(32), Sch. 24 (with
ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Marginal Citations
M46 1972 c. 70.
M47 1973 c. 65.

97 Default powers.
(1) If the Secretary of State is satisfied that any other relevant authority has failed to
perform any functions which it ought to have performed, he may make an order
declaring the authority to be in default.
(2) An order made by virtue of the preceding subsection which declares an authority to be
in default may, for the purpose of remedying the default, direct the authority (hereafter
in this section referred to as “the defaulting authority”) to perform such of its functions
as are specified in the order and may specify the manner in which and the time or times
within which those functions are to be performed by the authority.
(3) If the defaulting authority fails to comply with any direction contained in such an order
the Secretary of State may, instead of enforcing the order by mandamus, make an order
transferring to himself such of the functions of the authority as he thinks fit.
(4) Where any functions of the defaulting authority are transferred in pursuance of the
preceding subsection, the amount of any expenses which the Secretary of State
certifies were incurred by him in performing those functions shall on demand be paid
to him by the defaulting authority.
(5) Any expenses which in pursuance of the preceding subsection are required to be paid
by the defaulting authority in respect of any functions transferred in pursuance of this
section shall be defrayed by the authority in the like manner, and shall be debited
to the like account, as if the functions had not been transferred and the expenses
had been incurred by the authority in performing them; and the authority shall have
the like powers for the purpose of raising any money required in pursuance of this
subsection as the authority would have had for the purpose of raising money required
for defraying expenses incurred for the purposes of the functions in question.
(6) An order transferring any functions of the defaulting authority in pursuance of
subsection (3) of this section may provide for the transfer to the Secretary of State of
such of the property, rights, liabilities and obligations of the authority as he considers
92 Control of Pollution Act 1974 (c. 40)
Part V – Supplementary provisions
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

appropriate; and where such an order is revoked the Secretary of State may, by the
revoking order or a subsequent order, make such provision as he considers appropriate
with respect to any property, rights, liabilities and obligations held by him for the
purposes of the transferred functions.
(7) The Secretary of State may by order vary or revoke any order previously made by him
in pursuance of this section.
(8) In this section “functions”, in relation to an authority, means functions conferred on
the authority by virtue of this Act.
(9) This section shall not apply to Scotland.

Modifications etc. (not altering text)

C328 S. 97 extended (14.10.1991) by Control of Pollution (Amendment) Act 1989 (c. 14, SIF 46:4), s. 7(8);
S.I. 1991/1618, art. 3
C329 S. 97: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 2
S. 97: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2
S. 97 modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2
S. 97 modified (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2
C330 S. 97 modified (E.) (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I.
2010/1218), arts. 1(1), 4, Sch.
C331 S. 97 modified (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I. 2010/1214), arts.
1, 4, Sch.
C332 S. 97 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts.
1(1), 4, Sch.
C333 S. 97 modified (E.) (6.4.2010) by The Cornwall Port Health Authority Order 2010 (S.I. 2010/1215),
arts. 1(1), 4, Sch. (with art. 2)
C334 S. 97 modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217),
arts. 1(1), 4, Sch.

98 Interpretation of Part V.
In this Part of this Act—
“functions” includes powers and duties; and
“relevant authority” means—
(a) in England F259 ., the Secretary of State, [F260a water authority], a county
council, . . . F261, a district council, a London borough council, the
Common Council of the City of London, the Sub-Treasurer of the Inner
Temple and the Under Treasurer of the Middle Temple [F262and, for the
purposes of sections 91 to 93 of this Act, a sewerage undertaker]; and
(aa) [F263in Wales, the Secretary of State, a county council or a county borough
council and, for the purposes of sections 91 to 93 of this Act, a sewerage
undertaker; and]
(b) [F264in Scotland—
(i) as respects sections 91 and 92, a council constituted under
section 2 of the M48Local Government etc. (Scotland) Act 1994;
and
(ii) as respects this Part other than those sections, the Secretary of
State, SEPA or a council constituted under section 2 of the Local
Government etc. (Scotland) Act 1994.]
Control of Pollution Act 1974 (c. 40) 93
Part VI – Miscellaneous and general
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Textual Amendments
F259 S. 98: words in para. (a) of the definition of “relevant authority” repealed (1.4.1996) by 1994 c. 19, ss.
22(3), 66(8), Sch. 9 para. 10(4), Sch. 18; S.I. 1996/396, arts. 3, 4, Schs. 1, 2
F260 Words repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
F261 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F262 Words inserted (E.W.) (1.9.1989) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)
(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(11), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F263 S. 98: para. (aa) in the definition of “relevant authority” inserted (1.4.1996) by 1994 c. 19, s. 22(3),
Sch. 9 para. 10(4); S.I. 1996/396, art. 3, Sch. 1
F264 S. 98: para. (b) in the definition of “relevant authority” substituted (1.4.1996) by 1995 c. 25, s. 120(1),
Sch. 22 para. 29(33) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C335 S. 98 shall have effect as if in paragraph (a) of the definition of “relevant authority” after the words
“Middle Temple” there were inserted (E.W.) (27.12.1985) by S.I. 1985/1884, art. 5, Sch. 2 para. 12 “,
any authority established by the Waste Regulation and Disposal (Authorities) Order 1985”
C336 S. 98: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 2
S. 98: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2
S. 98 modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2
S. 98 modified (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2
C337 S. 98 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts.
1(1), 4, Sch.

Marginal Citations
M48 1994 c. 39.

PART VI

MISCELLANEOUS AND GENERAL

Modifications etc. (not altering text)

C338 Pt. VI modified (E.) (6.4.2010) by The Cornwall Port Health Authority Order 2010 (S.I. 2010/1215),
arts. 1(1), 4, Sch. (with art. 2)
C339 Pt. VI modified (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I. 2010/1214), arts.
1, 4, Sch.
C340 Pt. VI modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts.
1(1), 4, Sch.
C341 Pt. VI modified (E.) (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I.
2010/1218), arts. 1(1), 4, Sch.
C342 Pt. VI modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217),
arts. 1(1), 4, Sch.
C343 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
C344 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
94 Control of Pollution Act 1974 (c. 40)
Part VI – Miscellaneous and general
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Miscellaneous

99 Alteration of penalties. X1
The enactments mentioned in Schedule 2 to this Act shall have effect subject to the
provisions of that Schedule (which alter the penalties for the offences to which those
enactments relate).

Editorial Information
X1 The text of ss. 99, 108(1)(2) is in the form in which it was originally enacted: it was not reproduced in
Statutes in Force and does not reflect any amendments or repeals which may have been made prior to
1.2.1991.

100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F265

Textual Amendments
F265 S. 100 repealed by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. IX

F266
101 Disposal of waste etc by Atomic Energy Authority.
Without prejudice to the powers of the United Kingdom Atomic Energy Authority
apart from this section, the Authority shall have power—
(a) to engage in the United Kingdom and elsewhere in such activities relating to
the treatment or disposal of waste and other matter as the Secretary of State
may from time to time specify by notice given to the Authority; and
(b) to do anything which appears to the Authority to be appropriate for the
purpose of exercising the powers conferred on the Authority by the preceding
paragraph.

Textual Amendments
F266 S. 101 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(2)(t); S.S.I. 2014/160, art. 2(1)(2), Sch.

102 Power to give effect to international agreements.

(1) Regulations may provide that any provision of this Act, except this section, shall
have effect with such modifications as are prescribed with a view to enabling the
Government of the United Kingdom to give effect to any provision made by or under
any international agreement to which the Government is for the time being a party.
(2) The Secretary of State may make, to the Commission established by the Convention
for the Prevention of Marine Pollution from Land-based Sources which was signed
at Paris on behalf of the Government of the United Kingdom on 4 June 1974, such
payments towards the expenses of the Commission as he may with the approval of
the Treasury determine.
Control of Pollution Act 1974 (c. 40) 95
Part VI – Miscellaneous and general
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F267
103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments
F267 S. 103 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6

General

104 Orders and regulations.

(1) Any power conferred by this Act F268... 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 [F269regulations made by virtue of section 18 of this Act or] an order
made by virtue of [F270section 33(4), 44(5), 52, 53 or 109(2)][F270section 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 [F271regulations shall be made by virtue of section 18 of this Act and no] order
shall be made by virtue of section 52 [F272or 53] of this Act unless a draft of
the [F273regulations or] order has been approved by a resolution of each House of
Parliament.
[F274(3) 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.]
96 Control of Pollution Act 1974 (c. 40)
Part VI – Miscellaneous and general
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Textual Amendments
F268 Words in s. 104(1) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s.
61(2), Sch. 3 para. 16(9)(a)(i); S.S.I. 2014/160, art. 2(1)(2), Sch.
Words in s. 104(1) omitted (E.W.) (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7),
Sch. 13 para. 15(2); S.I. 2015/1732, art. 2(f)
F269 Words in s. 104(1) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s.
61(2), Sch. 3 para. 16(9)(a)(ii); S.S.I. 2014/160, art. 2(1)(2), Sch.
F270 Words in s. 104(1) substituted (S.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6),
160(1)(2)(4), 163, 168, 189(4)–(10), 190, 193(1), Sch. 23 para. 7, Sch. 26 paras. 3(1)(2), 17, 40(4),
57(6), 58
F271 Words in s. 104(2) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s.
61(2), Sch. 3 para. 16(9)(b)(i); S.S.I. 2014/160, art. 2(1)(2), Sch.
F272 Words repealed (S.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163,
189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
F273 Words in s. 104(2) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s.
61(2), Sch. 3 para. 16(9)(b)(ii); S.S.I. 2014/160, art. 2(1)(2), Sch.
F274 S. 104(3) repealed (S.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

105 Interpretation etc—general. E+W

(1) In this Act—
[F275 “the Alkali Act” means the M49Alkali, &c. Works Regulation Act
1906;]
“county” [F276 county borough] and “district”, except in relation to Scotland,
have the same meanings as in the M50Local Government Act 1972;
“mine” and “quarry” have the same meanings as in the M51Mines 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;
[F277“road” (except where the context otherwise requires) has the same
meaning as in the [F278Part IV of the New Roads and Street Works Act 1991]:
“roads authority” has the same meaning as in the Roads (Scotland) Act
1984;][F279 “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
Control of Pollution Act 1974 (c. 40) 97
Part VI – Miscellaneous and general
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Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

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 M52Hovercraft Act
1968.
(2) Except so far as this Act expressly provides otherwise and subject to the provisions
of [F280section 18 of the M53Interpretation 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.
(3) 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 [F281subsection (1) of
section 293 of the Town and Country Planning Act 1990] or, in relation to Scotland,
[F282subsections (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.

Extent Information
E5 This version of this provision extends to England and Wales only; a separate version has been created
for Scotland only

Textual Amendments
F275 Definition repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2),
164(3), Sch. 16 Pt. I
F276 Words in s. 105(1) inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 10(5) (with Sch. 17 paras.
22(1), 23(2)); S.I. 1996/396, art. 3
F277 Definitions inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(6)
F278 Words in s. 105(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1),
Sch. 8 Pt. IV para. 105; S.I. 1992/2990, art. 2(2), Sch. 2 .
F279 S. 105(1): definition of “SEPA” inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(35)
(with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F280 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)
F281 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2
para. 31(2)
F282 Words in s. 105(3) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2, para. 23(2)

Modifications etc. (not altering text)

C345 S. 105(3) amended (E.W.) (25.9.1991) by Atomic Weapons Establishment Act 1991 (c. 46), ss. 3, 6(2),
Sch. para. 8(2)

Marginal Citations
M49 1906 c. 14.
M50 1972 c. 70.
98 Control of Pollution Act 1974 (c. 40)
Part VI – Miscellaneous and general
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

M51 1954 c. 70.

M52 1968 c. 59.
M53 1978 c. 30.

105 Interpretation etc—general. S

(1) In this Act—
F367
...
“county” [F368 county borough] and “district”, except in relation to Scotland,
have the same meanings as in the M73Local Government Act 1972;
“mine” and “quarry” have the same meanings as in the M74Mines 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;
[F369“road” (except where the context otherwise requires) has the same
meaning as in the [F370Part IV of the New Roads and Street Works Act 1991]:
“roads authority” has the same meaning as in the Roads (Scotland) Act
1984;][F371 “SEPA” means the Scottish Environment Protection Agency;]
F372
................................
“vessel” includes a hovercraft within the meaning of the M75Hovercraft Act
1968.
(2) Except so far as this Act expressly provides otherwise and subject to the provisions
of [F373section 18 of the M76Interpretation 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 [F374or by or under any Act of the Scottish Parliament];
or
(c) derogates from any right of action or other remedy (whether civil or criminal)
in proceedings instituted otherwise than under this Act.
[F375(3) Subject to subsections (3A) to (3D) below, this Act shall bind the Crown.
(3A) No contravention by the Crown of any provision made by or under this Act shall make
the Crown criminally liable; but the Court of Session may, on the application of—
(a) the Scottish Environment Protection Agency; or
(b) any other public or local authority charged with enforcing that provision,
declare unlawful any act or omission of the Crown which constitutes such a
contravention.
Control of Pollution Act 1974 (c. 40) 99
Part VI – Miscellaneous and general
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(3B) Notwithstanding anything in subsection (3A) above, any provision made by or under
this Act shall apply to persons in the public service of the Crown as it applies to other
persons.
(3C) If the Secretary of State certifies that it appears to him, as respects any Crown premises
and any powers of entry exercisable in relation to them specified in the certificate, that
it is requisite or expedient that, in the interests of national security, the powers should
not be exercisable in relation to those premises, those powers shall not be exercisable
in relation to those premises; and in this subsection “Crown premises” means premises
held or used by or on behalf of the Crown.
(3D) Nothing in this section shall be taken as in any way affecting Her Majesty in her private
capacity.]
(4) References in this Act to any enactment are references to it as amended by or under
any other enactment.

Extent Information
E8 This version of this provision extends to Scotland only; a separate version has been created for
England and Wales only

Textual Amendments
F367 Words in s. 105(1) repealed (1.4.2015 for S.) by Environmental Protection Act 1990 (c. 43), s. 164(3),
Sch. 16 Pt. I; S.S.I. 2015/72, art. 2(1)(b)
F368 Words in s. 105(1) inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 10(5) (with Sch. 17 paras.
22(1), 23(2)); S.I. 1996/396, art. 3
F369 Definitions inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(6)
F370 Words in s. 105(1) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1),
Sch. 8 Pt. IV para. 105; S.I. 1992/2990, art. 2(2), Sch. 2 .
F371 S. 105(1): definition of “SEPA” inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 29(35)
(with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F372 Words in s. 105(1) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s.
61(2), Sch. 3 para. 16(10); S.S.I. 2014/160, art. 2(1)(2), Sch.
F373 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)
F374 Words in s. 105(2)(b) added (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s.
61(2), Sch. 3 para. 39(4); S.S.I. 2014/160, art. 2(1)(2), Sch.
F375 S. 105(3)(3A)(3B)(3C)(3D) substituted (S.) (8.4.1998) for s. 105(3) by 1995 c. 25, s. 116, Sch. 21 Pt.
II para. 4 (with ss. 7(6), 115, 117); S.I. 1998/781, art. 2 (subject to transitional provisions in art. 3)

Modifications etc. (not altering text)

C351 S. 105(3C): certain functions made exercisable by the Scottish Ministers concurrently with the
Minister (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2 (with art. 7)

Marginal Citations
M73 1972 c. 70.
M74 1954 c. 70.
M75 1968 c. 59.
M76 1978 c. 30.
100 Control of Pollution Act 1974 (c. 40)
Part VI – Miscellaneous and general
Document Generated: 2024-06-19
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

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.
F283
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F284(3) In this Act “region”, “district”, “regional council”, “islands council” and “district
council” have respectively the same meanings as in the M54Local Government
(Scotland) Act 1973.]
[F285(4) 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.
F286
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.

Textual Amendments
F283 S. 106(2) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3
F284 S. 106(3) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2
F285 S. 106(4) repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(7),
Sch. 11
F286 S. 106(7) repealed (S.) (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3
Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1

Marginal Citations
M54 1973 c. 65.

107 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.
Control of Pollution Act 1974 (c. 40) 101
Part VI – Miscellaneous and general
Document Generated: 2024-06-19
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Modifications etc. (not altering text)

C346 S. 107 extended (16.7.1991) by Control of Pollution (Amendment) Act 1989 (c. 14, SIF 46:4), s. 11(3);
S.I. 1991/1618, art. 2(a)

108 Minor and consequential amendments of enactments, and repeals.

X2
(1) 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).
X2
(2) 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.

Editorial Information
X2 The text of ss. 99, 108(1)(2) is in the form in which it was originally enacted: it was not reproduced in
Statutes in Force and does not reflect any amendments or repeals which may have been made prior to
1.2.1991.

109 Short title, commencement and extent.

(1) This Act may be cited as the Control of Pollution Act 1974.
(2) This Act shall come into force on such day as the Secretary of State may by order
appoint; and—
(a) 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;
(b) 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 F287... F288... 101 and this section, does not extend to Northern
Ireland.

Subordinate Legislation Made

P1 Power of appointment conferred by s. 109(2) partly exercised by S.I. 1974/2039, 2169, 1975/230,
2118, 1976/731, 956, 1080, 1977/336, 476, 1587, 2164, 1978/816, 954, 1981/196, 1982/624,
1983/1175, 1984/853, 1985/70, 1988/818
102 Control of Pollution Act 1974 (c. 40)
Part VI – Miscellaneous and general
Document Generated: 2024-06-19
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

S. 109(2) power partly exercised: 31. 5. 1991 appointed for s. 108(2) and Sch. 4 (so far as it concerns
the repeal of ss. 25(1)(c)(4) and 26(2)(4)(7)(8)(9) of the Rivers (Prevention of Pollution) (Scotland)
Act 1951) by S.I. 1991/1173

Textual Amendments
F287 Words in s.109(3) repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6
F288 Words in s. 109(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13
Control of Pollution Act 1974 (c. 40) 103
SCHEDULE 1 – Noise Abatement Zones
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

SCHEDULES

F289
SCHEDULE 1

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

Textual Amendments
F289 Sch. 1 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(2)(u); S.S.I. 2014/160, art. 2(1)(2), Sch.
Sch. 1 omitted (E.W.) (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para.
14; S.I. 2015/1732, art. 2(f)

F290
SCHEDULE 1A

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

Textual Amendments
F290 Sch. 1A repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3
para. 16(2)(v); S.S.I. 2014/160, art. 2(1)(2), Sch.

SCHEDULE 2 Section 99.

ALTERATION OF PENALTIES

The Public Health (Scotland) Act 1897

F291
1 ................................

Textual Amendments
F291 Sch. 2 para. 1 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3

F292
2 ................................
104 Control of Pollution Act 1974 (c. 40)
SCHEDULE 2 – Alteration of penalties
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Textual Amendments
F292 Sch. 2 para. 2 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3

F293
3 ................................

Textual Amendments
F293 Sch. 2 para. 3 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3

The Alkali, &c. Works Regulation Act 1906

F294
4 ................................

Textual Amendments
F294 Sch. 2 para. 4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

F295
5 ................................

Textual Amendments
F295 Sch. 2 para. 5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

The M55Public Health Act 1936

Marginal Citations
M55 1936 c. 49.

[F2966 In section 19(3) of the Public Health Act 1936 (under which a person is liable on
summary conviction to a fine not exceeding £50 if he constructs a drain or sewer in
a manner other than that in which he is required to construct it by a local authority
in pursuance of that section) for the words ’fifty pounds’ there shall be substituted
the word ’£200’.]

Textual Amendments
F296 Sch 2 para. 6 repealed (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991
(c. 60), ss. 3(1), 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)

[F2977 In section 27 of that Act (which provides that certain matters are not to be passed
into public sewers), in subsection (2) (under which a contravention of that section
is punishable on summary conviction by a fine not exceeding £10 and a further £5
for each day on which the offence continues after conviction) for the, words from
“to a fine” onwards there shall be substituted the words—
Control of Pollution Act 1974 (c. 40) 105
SCHEDULE 2 – Alteration of penalties
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Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

“(a) on summary conviction, to a fine not exceeding £400 and to a further

fine not exceeding £50 for each day on which the offence continues
after conviction therefor;
(b) on conviction on indictment, to imprisonment for a term not
exceeding two years or a fine or both”.]

Textual Amendments
F297 Sch. 2 para. 7 repealed (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991
(c. 60), ss. 3(1), 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)

[F2988 In section 34(5) of that Act (under which a person who causes a drain or sewer to
connect with a public sewer in contravention of that section is liable on summary
conviction to a fine not exceeding £20) for the words “twenty pounds” there shall
be substituted the word “£200”.]

Textual Amendments
F298 Sch. 2 para. 8 repealed (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991
(c. 60), ss. 3(1), 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)

[F2999 In section 36(1) of that Act (under which a person who causes a drain or sewer to
communicate with a public sewer after the local authority have given notice that
they intend themselves to make the connection is liable on summary conviction to
a fine not exceeding £50) for the words “fifty pounds” there shall be substituted
the word “£200”.]

Textual Amendments
F299 Sch. 2 para. 9 repealed (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991
(c. 60), ss. 3(1), 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)

[F30010 In section 41(3) of that Act (under which a person is liable upon summary
conviction to a fine not exceeding £5 if he does certain work in connection with
an underground drain which communicates with a sewer without giving 24 hours
notice to the relevant local authority of his intention to do so or if he does not permit
an authorised officer of the local authority free access to the work) for the words
“five pounds” there shall be substituted the word “£200”.]

Textual Amendments
F300 Sch. 2 para. 10 repealed (E.W.) by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7

[F30111 In section 94(2) of that Act (under which a person who fails to abate a nuisance or
to take adequate steps to prevent a recurrence of a nuisance is liable on summary
conviction to a fine not exceeding £20) for the word“ £20” there shall be substituted
the word “£200”]
106 Control of Pollution Act 1974 (c. 40)
SCHEDULE 2 – Alteration of penalties
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Textual Amendments
F301 Sch. 2 para. 11 repealed (E.W.)(N.I.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2),
Sch. 16 Pt. III

[F30212 In section 95(1) of that Act (under which a person who contravenes or fails
to comply with a nuisance order is liable on summary conviction to a fine not
exceeding £50 and a further £5 for each day on which the offence continues after
conviction) for the words“ £50” and“ £5” there shall be substituted the words
“£400” and “£50” respectively]

Textual Amendments
F302 Sch. 2 para. 12 repealed (E.W.)(N.I.) by Environmental Protection Act

The M56Public Health (Drainage of Trade Premises Act 1937

Marginal Citations
M56 1937 c. 40.

[F30313 In section 2 of the Public Health (Drainage of Trade Premises) Act 1937 (under
which restrictions are imposed on the discharge of trade effluent), in subsection (5)
(under which an occupier of premises is guilty of an offence if trade effluent is
discharged in contravention of the section or without any consent necessary for the
purposes of the Act or if any direction or condition given or imposed under that
section is contravened) after the words “guilty of an offence” there shall be inserted
the words “and liable on summary conviction to a fine not exceeding £200 and to
a further fine not exceeding £50 for every day on which the offence continues after
conviction therefor.”]

Textual Amendments
F303 Sch. 2 para. 13 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)
(4), 163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

[F30414 In section 9 of that Act (under which a person who fails to give specified
information to a water authority is liable on summary conviction to a fine not
exceeding £5 and a further £2 for each day on which the offence continues
after conviction) for the words “five pounds” and “forty shillings” there shall be
substituted the words “£50” and “£5” respectively.]

Textual Amendments
F304 Sch. 2 para. 14 repealed (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991
(c. 60), ss. 3(1), 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)
Control of Pollution Act 1974 (c. 40) 107
SCHEDULE 2 – Alteration of penalties
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

The M57Water Act 1945

Marginal Citations
M57 1945 c. 42 (8 & 9 Geo. 6).

15 In section 19(3) of the Water Act 1945 (under which byelaws made under section 17
of that Act or section 22(6) of the Countryside Act 1968 may contain provision
making any person who contravenes the byelaws liable to a fine not exceeding £20
and a further £5 for each day during which the offence continues after conviction)
for the words “twenty pounds” and “five pounds” there shall be substituted the
words “£400” and “£50” respectively.
[F30516 In section 21 of that Act (under which a person is guilty of an offence if he is guilty
of any act or neglect whereby any spring, well, borehole or adit the water from
which is used or Iikely to be used for human consumption or domestic purposes or
for manufacturing food or drink for human consumption is polluted or likely to be
polluted) after subsection (2) there shall be inserted the following subsection—
“(3) Any person guilty of an offence by virtue of this section shall be liable in
respect of each offence—
(a) on summary conviction to a fine not exceeding £400 and in the case
of a continuing offence to a further fine not exceeding £50 for every
day during which the offence is continued after conviction ;
(b) on conviction on indictment. to a fine or to imprisonment for a term
not exceeding two years or to both a fine and such imprisonment.”]

Textual Amendments
F305 Sch. 2 para. 16 repealed (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991
(c. 60), ss. 3(1), 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)

17, 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F306

Textual Amendments
F306 Sch. 2 paras 17, 18 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

The Clean Air Act 1956

F307
19 ................................

Textual Amendments
F307 Sch. 2 para. 19 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6

The Radioactive Substances Act 1960

F308
20 ................................
108 Control of Pollution Act 1974 (c. 40)
SCHEDULE 2 – Alteration of penalties
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Textual Amendments
F308 Sch. 2 para. 20 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

The M58Sewerage (Scotland) Act 1968

Marginal Citations
M58 1968 c. 47.

21 In section 12(8) of the Sewerage (Scotland) Act 1968 (under which a person is
liable on summary conviction to a fine not exceeding £25 if he connects a drain
or sewer otherwise than in accordance with that section) for the word “£25” there
shall be substituted the word “£200”.
22 In section 14(6) of that Act (under which a person is liable on summary conviction
to a fine not exceeding £25 if he constructs a drain, sewer or sewage treatment
works otherwise than in accordance with a direction under that section by a local
authority) for the word “£25” there shall be substituted the word “£200”.
23 In section 24(2) of that Act (under which an occupier of trade premises who
discharges trade effluent into sewers etc. without the consent of, or contrary to a
direction given by or condition imposed by, the local authority is liable on summary
conviction to a fine not exceeding £50 and a further fine not exceeding £20 for each
day on which the offence continues after conviction) for the words “£50” and “£20”
there shall be substituted the words “£200” and “£50” respectively.
24 In section 45(2) of that Act (under which a person who fails to give specified
information to a local authority is liable on summary conviction to a fine not
exceeding £20) for the word “£20” there shall be substituted the word “£50”.
25 In section 46 of that Act (which provides that certain matters are not to be passed
into public sewers), in subsection (2) (under which a contravention of that section
is punishable on summary conviction by a fine not exceeding £20 and a further fine
not exceeding £10 for each day on which the offence continues after conviction)—
(a) for the words “£20” and “£10” there shall be substituted the words “£400”
and “£50” respectively and
(b) there shall be added at the end the words “and on conviction on indictment,
to a fine or to imprisonment for a term not exceeding two years or to both
a fine and such imprisonment”.

The Clean Air Act 1968

F309
26 ................................

Textual Amendments
F309 Sch. 2 para. 26 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6

F310
27 ................................
Control of Pollution Act 1974 (c. 40) 109
SCHEDULE 3 – Minor and consequential amendments of enactments
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Textual Amendments
F310 Sch. 2 para. 27 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6

SCHEDULE 3 Section 108.

MINOR AND CONSEQUENTIAL AMENDMENTS OF ENACTMENTS

The Alkali, &c. Works Regulation Act 1906

F311
1 ................................

Textual Amendments
F311 Sch. 3 paras. 1-4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

F311
2 ................................

Textual Amendments
F311 Sch. 3 paras. 1-4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

F311
3 ................................

Textual Amendments
F311 Sch. 3 paras. 1-4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

F311
4 ................................

Textual Amendments
F311 Sch. 3 paras. 1-4 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

F312
5 ................................

Textual Amendments
F312 Sch. 3 para. 5 repealed by Salmon and Freshwater Fisheries Act 1975 (c. 51), s. 42(1), Sch. 5

The M59Public Health Act 1936

Marginal Citations
M59 1936 c. 49.
110 Control of Pollution Act 1974 (c. 40)
SCHEDULE 3 – Minor and consequential amendments of enactments
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

X3 F313
[ 6 In section 3(1)(b) of the Public Health Act 1936 (under which an order constituting a
port health authority may, among other things, assign to the authority any functions
conferred on a local authority by that Act) after the words “this Act” there shall be
inserted the words “or the Control of Pollution Act 1974”.]

Editorial Information
X3 The text of Sch. 3 paras 6, 19–21, 28, 30 is in the form in which it was originally enacted: it was not
reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals
which may have been made prior to 1.2.1991.

Textual Amendments
F313 Sch. 3 para. 6 repealed (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s.
78, Sch. 3

PROSPECTIVE

X4
7 Sections 79 and 80 of that Act (which relate to the removal of noxious matter,
manure and refuse from premises) shall cease to have effect.

Editorial Information
X4 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally
enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which
may have been made prior to 1.2.1991.

The M60Public Health (Drainage of Trade Premises) Act 1937

Marginal Citations
M60 1937 c. 40.

X5 F314
[ 8 Sections 2(4) and 3(2) of the Public Health (Drainage of Trade Premises) Act
1937 and the proviso in section 7(1) of that Act (which relate to the protection of
interested bodies within the meaning of that Act) shall cease to have effect.]

Editorial Information
X5 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally
enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which
may have been made prior to 1.2.1991.

Textual Amendments
F314 Sch. 3 para. 8 repealed (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991
(c. 60), ss. 3(1), 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)

X6 F315
[ 9 In section 4(5) of that Act (under which disputes arising under that Act as to the
discharges of trade effluent which were made during such a period as is mentioned
in subsections (1) or (2) of that section are to be determined by the Secretary of
Control of Pollution Act 1974 (c. 40) 111
SCHEDULE 3 – Minor and consequential amendments of enactments
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

State) for the words “this Act” there shall be substituted the words “section 43 of
the Control of Pollution Act 1974” and for the words “is mentioned” there shall
be substituted the words “before the repeal of those subsections by that Act was
mentioned”.]

Editorial Information
X6 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally
enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which
may have been made prior to 1.2.1991.

Textual Amendments
F315 Sch. 3 para. 9 repealed (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991
(c. 60), ss. 3(1), 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)

X7 F316
[ 10 In section 10(1) of that Act (which authorises the taking of samples of trade effluent
which is passing from premises into a public sewer) after the word “passing” there
shall be inserted the words “, either directly or through a private drain or sewer,”.]

Editorial Information
X7 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally
enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which
may have been made prior to 1.2.1991.

Textual Amendments
F316 Sch. 3 para. 10 repealed (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991
(c. 60), ss. 3(1), 4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10, 14(1), 15)

The M61Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951

Marginal Citations
M61 1951 c. 26.

F317F318
11 ................................

Textual Amendments
F317 Sch. 3 para. 11 repealed (15.11.2006) by The Scotland Act 1998 (River Tweed) Order 2006 (S.I.
2006/2913), art. 1(2), Sch. 4 Pt. 2
F318 Sch. 3 para. 11 repealed (S.) (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland)
Act 2003 (asp 15), s. 71(2), Sch. 4 Pt. 2 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2

The Rivers (Prevention of Pollution) (Scotland) Act 1951

F319
12 ................................
112 Control of Pollution Act 1974 (c. 40)
SCHEDULE 3 – Minor and consequential amendments of enactments
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Textual Amendments
F319 Sch. 3 para. 12 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I.
1996/186, art. 3

F320
13 ................................

Textual Amendments
F320 Sch. 3 para. 13 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I.
1996/186, art. 3

X8
14 In section 18 of that Act (which relates to the provision and obtaining of information
by river purification authorities), at the end there shall be inserted the following
subsection—
“(6) Notwithstanding anything in this Act, any tidal waters adjoining the shore of
the area of a river purification authority and any underground waters within
the area of such an authority shall be deemed to be included in the expression
“stream” for the purposes of the authority’s powers under this section.”

Editorial Information
X8 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally
enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which
may have been made prior to 1.2.1991.

X9
15 In section 19 of that Act (which empowers river purification authorities to take
samples of effluents), in subsection (3), after the word “authority” there shall
be inserted the words “and any underground waters within the area of such an
authority”.

Editorial Information
X9 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally
enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which
may have been made prior to 1.2.1991.

The M62Clean Air Act 1956

Marginal Citations
M62 1956 c. 52.

F321
16 ................................

Textual Amendments
F321 Sch. 3 para. 16 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6
Control of Pollution Act 1974 (c. 40) 113
SCHEDULE 3 – Minor and consequential amendments of enactments
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

The M63Rivers (Prevention of Pollution) Act 1961

Marginal Citations
M63 1961 c. 50

17 In section 10(1) of the Rivers (Prevention of Pollution) Act 1961 (which among
other things relates to inspection chambers provided in compliance with conditions
imposed under that Act) and in section 12(1)(ii) of that Act (which authorises the
disclosure in connection with the execution of that Act of information of which
the disclosure is restricted by that section) the reference to that Act shall include
a reference to this Act.

The M64Public Health Act 1961

Marginal Citations
M64 1961 c. 64

F322
18 ................................

Textual Amendments
F322 Sch. 3 para. 18 repealed (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales)
Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 23 (with reg. 72, Sch. 4)

The M65London Government Act 1963

Marginal Citations
M65 1963 c. 33.

X10 F323
[ 19 In section 41(1)(b) of the London Government Act 1963 (which enables the
functions, rights and liabilities of a local authority under any of the provisions there
mentioned to be assigned to the port health authority for the Port of London) after
the words “section 87 of this Act” there shall be inserted the words “and under any
provision of the Control of Pollution Act 1974”.]

Editorial Information
X10 The text of Sch. 3 paras 6, 19–21, 28, 30 is in the form in which it was originally enacted: it was not
reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals
which may have been made prior to 1.2.1991.

Textual Amendments
F323 Sch. 3 para. 19 repealed (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s.
78, Sch. 3
114 Control of Pollution Act 1974 (c. 40)
SCHEDULE 3 – Minor and consequential amendments of enactments
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

The M66Water Resources Act 1963

Marginal Citations
M66 1963 c. 38.

X11 F324
[ 20 In section 77(2) of the Water Resources Act 1963 (which refers to sewage effluent
within the meaning of the Rivers (Prevention of Pollution) Act 1951) for the words
“the Rivers (Prevention of Pollution) Act 1951” there shall be substituted the words
“Part II of the Control of Pollution Act 1974”.]

Editorial Information
X11 The text of Sch. 3 paras 6, 19–21, 28, 30 is in the form in which it was originally enacted: it was not
reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals
which may have been made prior to 1.2.1991.

Textual Amendments
F324 Sch. 3 paras. 20, 21 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)
(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

X12 F325
[ 21 In section 113(1) of that Act (which authorises water authorities to take samples
of certain effluents) for the words “Clean Rivers (Estuaries and Tidal Waters) Act
1960” in paragraph (c) there shall be substituted the words “Part II of the Control
Pollution Act 1974”.]

Editorial Information
X12 The text of Sch. 3 paras 6, 19–21, 28, 30 is in the form in which it was originally enacted: it was not
reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals
which may have been made prior to 1.2.1991.

Textual Amendments
F325 Sch. 3 paras. 20, 21 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)
(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F326

Textual Amendments
F326 Sch. 3 para. 22 repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 24 Pt. II

The M67Spray Irrigation (Scotland) Act 1964

Marginal Citations
M67 1964 c. 56.

X13
23 In section 9(2) of the Spray Irrigation (Scotland) Act 1964 (which among other
things attracts for the purposes of that Act certain powers of entry contained in the
Control of Pollution Act 1974 (c. 40) 115
SCHEDULE 3 – Minor and consequential amendments of enactments
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

M68
Rivers (Prevention of Pollution) (Scotland) Act 1951), for the words “20(1)(b)
of the said Act of 1951 to an authorisation granted under” there shall be substituted
the words “91(1)(a)(iii) of the Control of Pollution Act 1974 to any provision of”.

Editorial Information
X13 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally
enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which
may have been made prior to 1.2.1991.

Marginal Citations
M68 1951 c. 66.

The M69Rivers (Prevention of Pollution) (Scotland) Act 1965

Marginal Citations
M69 1965 c. 13.

X14
24 In section 10(1) of the Rivers (Prevention of Pollution) (Scotland) Act 1965 (which
contains provisions with respect to samples of effluent taken at an inspection
chamber provided in compliance with a condition imposed under that Act of
section 28 of the Rivers (Prevention of Pollution) (Scotland) Act 1951) for the
words “this Act or section 28 of the principal Act” there shall be substituted the
words “sections 34 to 40 of the Control of Pollution Act 1974”.

Editorial Information
X14 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally
enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which
may have been made prior to 1.2.1991.

25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F327

Textual Amendments
F327 Sch. 3 para. 25 repealed by Refuse Disposal (Amenity) Act 1978 (c. 3), Sch. 2

The M70Hovercraft Act 1968

Marginal Citations
M70 1968 c. 59.

X15
26 In section 1(1)(g) of the Hovercraft Act 1968 for the words “no proceedings in
pursuance of the Noise Abatement Act 1960” there shall be substituted the words
“no proceedings in pursuance of Part III of the Control of Pollution Act 1974”.
116 Control of Pollution Act 1974 (c. 40)
SCHEDULE 3 – Minor and consequential amendments of enactments
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Editorial Information
X15 The text of Sch. 3 paras 1, 2, 3(1), 4(1), 7—16, 18, 23, 24, 26, 31 is in the form in which it was originally
enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which
may have been made prior to 1.2.1991.

The Water Act 1973

[F32827 For the purposes of section 14 of the Water Act 1973 (under which, among other
things, functions of local authorities with respect to sewerage and sewage disposal,
including certain functions under Part XII of the Public Health Act 1936, were
transferred to water authorities), section 306 of the said Act of 1936 (which related
to the compulsory purchase of land was contained in the said Part XII) shall have
effect from 31st March 1974 as if that section had not been repealed by the Local
Government Act 1972.]

Textual Amendments
F328 Sch. 3 paras. 27-30 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)
(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

X16 F329
[ 28 In subsection (12) of section 24 of that Act (which relates to reports of surveys
prepared by water authorities under that section) after paragraph (a) there shall be
inserted the following paragraph—
“(aa) shall secure that a copy of each such report and of all such
amendments is available at the principal office of the authority for
inspection by the public free of charge at all reasonable hours.”]

Editorial Information
X16 The text of Sch. 3 paras 6, 19–21, 28, 30 is in the form in which it was originally enacted: it was not
reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals
which may have been made prior to 1.2.1991.

Textual Amendments
F329 Sch. 3 paras. 27-30 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)
(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

[F33029 In section 36(3) of that Act (which among other things provides that Part II of
Schedule 7 to that Act shall have effect with respect to the making of byelaws by
water authorities under any enactment shall be construed as including a reference
to any enactment passed after that Act.]

Textual Amendments
F330 Sch. 3 paras. 27-30 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)
(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

X17 F331
[ 30 In paragraph 17(2) of Schedule 7 to that Act (which relates to the confirmation
of byelaws made by a water authority under section 5 of the Rivers (Prevention
Control of Pollution Act 1974 (c. 40) 117
SCHEDULE 4 – Repeals
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

of Pollution) Act 1951) for the words “section 5 of the M71Rivers (Prevention of
Pollution) Act 1951” there shall be substituted the words “section 31(6) or 33(1)
of the Control of Pollution Act 1974” and after the words “a stream” there shall
be inserted the words “or the controlled waters (within the meaning of Part 11 of
that Act)”.]

Editorial Information
X17 The text of Sch. 3 paras 6, 19–21, 28, 30 is in the form in which it was originally enacted: it was not
reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals
which may have been made prior to 1.2.1991.

Textual Amendments
F331 Sch. 3 paras. 27-30 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)
(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

Marginal Citations
M71 1951 c. 64.

PROSPECTIVE

The Local Government (Scotland) Act 1973

F332
31 ................................

Textual Amendments
F332 Sch. 3 para. 31 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group 2

X18
SCHEDULE 4 Section 108.

REPEALS

Editorial Information
X18 The text of Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in
Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Chapter Short title Extent of repeal

25 & 26 Vict. c. 97. The Salmon Fisheries Section 13.
(Scotland) Act 1862.
38 & 39 Vict. c. 55. The Public Health Act 1875. Section 148, but not so as to
affect any agreement in force
under that section.
118 Control of Pollution Act 1974 (c. 40)
SCHEDULE 4 – Repeals
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

55 & 56 Vict. c.55 The Burgh Police (Scotland) Sections 107 to 109.
Act 1892.
In section 110, the words
from “and may place” to “or
nuisance.”
Sections 111 to 114.
Section 116.
58 & 59 Vict. c. 42. The Sea Fisheries Regulation Section 8(1)(f).
(Scotland) Act 1895.
[F33360 & 61 Vict. c. 38. The Public Health (Scotland) In section 39, the first
Act 1897. paragraph.]
3 Edw. 7. c. 33. The Burgh Police (Scotland) Section 23.
Act 1903.
In section 24, the words
“the immediately preceding
section o r under”.
6 Edw. 7. c. 14. The Alkali, &c. Works Sections 3, 4, 5 and 8.
Regulation Act 1906.
In section 9(1) the words “a
cement work, or a smelting
work”.
In section 11(b) the words “or
with the treatment of alkali
waste”.
Section 12(1)(d).
Sections 14, 15 and 17.
In section 18, in
subsection (1) the words
“other than an offence
against a special rule” and
subsection (4).
Section 19.
In section 20 the words
“other than an offence against
a special rule”.
In section 22(1) the words
from “or that any alkali
waste is deposited” to
“contravention of this Act”.
In section 28, in
paragraph (b) the words
“offences against special
rules and” and paragraph (c).
Control of Pollution Act 1974 (c. 40) 119
SCHEDULE 4 – Repeals
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

13 & 14 Geo. 5. c. 16. The Salmon and Freshwater In section 9(5) the words
Fisheries Act 1923. from “and section 22(1)(a)”
onwards.
24 & 25 Geo. 5. c. 40. The Administration of Justice In the Schedule the entry
(Appeals) Act 1934. amending section 17(5) of the
Alkali Act.
26 Geo. 5 & 1 Edw. 8. c. 49. The Public Health Act 1936. Sections 72 to 77, 79, 80 and
259(2).
1 Edw. 8 and 1 Geo. 6. c. 5. The Trunk Roads Act 1936. Section 6(6).
1 Edw. 8 and 1 Geo. 6. c. 40. The Public Health (Drainage Section 2(4), 3(2) and 4(1)
of Trade Premises) Act 1937. to(3).
In section 7(1), the proviso.
Section 11.
In section 14(1) the definition
of “interested body”.
8 & 9 Geo. 6. c. 42. The Water Act 1945. Section 18.
14 & 15 Geo. 6. c. 64. The Rivers (Prevention of The whole Act.
Pollution) Act 1951.
14 & 15 Geo. 6. c. 66. The Rivers (Prevention of The whole Act except
Pollution) (Scotland) Act sections 1, 6(1), 7, 9,
1951. 10(1), 12(1) to (3)and (4)
(a) and (c), 13, 16, 17,
18(1) to (3), 19, 32(1), in
section 35(1) the definitions
of “contravention”,
“functions”, “land”, “local
authority”, “local water
authority”, “river purification
authority”, “river purification
board”, “stream” and “tidal
waters”, section 36(1) and (5)
and Schedule 4.
1 & 2 Eliz. 2. c. 26. The Local Government Section 8.
(Miscellaneous Provisions)
Act 1953.
4 & 5 Eliz. 2. c. 52. The Clean Air Act 1956. In section 16(1), in the
proviso, paragraph (i).
In section 25, paragraphs (a)
and (b).
In section 26, the words
“manufacturing process or”.
In Schedule 2, the
amendments of sections 3, 8
and 18 of the Alkali Act.
120 Control of Pollution Act 1974 (c. 40)
SCHEDULE 4 – Repeals
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

7 & 8 Eliz. 2 c. 25. The Highways Act 1959. In section 228(9) the words
“section one hundred and
forty-eight of the Public
Health Act 1875”.
8 & 9 Eliz. 2. c. 34. The Radioactive Substances In Schedule 1, in paragraph
Act 1960. 3 the words “seventy-nine”,
in paragraph 6 the word
“eighteen” and paragraphs 7,
8A and 15.
8 & 9 Eliz. 2. c. 54. The Clean Rivers (Estuaries The whole Act.
& Tidal Waters) Act 1960.
8 & 9 Eliz. 2. c. 68. The Noise Abatement Act The whole Act, but not so as
1960. to affect notices served by
virtue of section 1 of the Act
before the coming into force
of section 58 of this Act.
9 & 10 Eliz. 2. c. 50. The Rivers (Prevention of The whole Act except
Pollution) Act 1961. sections 10, 12, 13(1) and
15(1) and (3).
1961 c. 64. The Public Health Act 1961. Sections 55 to 58 and 63(5).
1963 c. 33. The London Government Act In section 40(4)(d), the
1963. reference to section 8 of
the Local Govermnent
(Miscellaneous Provisions)
Act 1953, and section 40(4)
(g).
In Part I of Schedule 11,
paragraphs 14, 16 and 32.
1963 c. 38. The Water Resources Act Sections 72 to 76.
1963.
In section 79, subsections (1),
(2) and (7), in subsection (5)
the words “by virtue of
subsection (1) of this section
or” and in subsection (8) the
words from “(including” to
“section)”.
In section 114, in
subsection (1) the words from
the first “or” to “section” and
the words “or discharge”, and
subsections (2) and (4)(a).
In section 115(1)(b) the
words from “or” to “thereof”.
In section 135(8) the word
“72”.
Control of Pollution Act 1974 (c. 40) 121
SCHEDULE 4 – Repeals
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

In Schedule 13, paragraphs 5,

6, 7, 11 and 14.
1965 c. 13. The Rivers (Prevention of The whole Act except
Pollution) (Scotland) Act sections 10, 13(1), 15(1) and
1965. (4) and 17(1) to (3).
1965 c. 36. The Gas Act 1965. Section 4(5).
1966 c. 38. The Sea Fisheries Regulation Section 5(1)(c).
Act 1966.
1967 c. 69. The Civic Amenities Act Section 23(6)(a).
1967.
1967 c. 80. The Criminal Justice Act In Schedule 3, the entry
1967. relating to section 114 of the
Burgh Police (Scotland) Act
1892, in the entry relating
to section 22 of the Public
Health (Scotland) Act 1897,
the words “(as extended by
section 1(5) of the Noise
Abatement Act 1960 )” and
the entries relating to sections
76(3), 94(2) and 95(1) (both
as originally enacted and as
applied by section 16(1) of
the Clean Air Act 1956) of
the Public Health Act 1936
and section 27(1) and (2) of
the Clean Air Act 1956.
1968 c. 41. The Countryside Act 1968. Section 22(6)(c) and (8).
1972 c. 21. The Deposit of Poisonous The whole Act.
Waste Act 1972.
1972 c. 70. The Local Government Act Section 180(3)(d) and (g).
1972.
In section 236(2) the words
“or 18”.
In Schedule 14 in paragraph
4 the words “79, 80” and
paragraphs 5 to 8 and 49.
1973 c. 37. The Water Act 1973. Section 17(1) to (4).
Paragraph 5 of Schedule 2.
Paragraph 63 of Schedule 8.
1973 c. 65. The Local Government In section 135(3), the words
(Scotland) Act 1973. from “and the said areas” to
the end.
Section 136.
122 Control of Pollution Act 1974 (c. 40)
SCHEDULE 4 – Repeals
Document Generated: 2024-06-19
Status: This version of this Act contains provisions that are prospective.
Changes to legislation: Control of Pollution Act 1974 is up to date with all changes known to be in force on or before
19 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear
in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

In Schedule 16, paragraphs 7

to 9.
In Schedule 28, paragraph 69.

Textual Amendments
F333 Sch. 4 entry repealed (S.) (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch.
3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1
Control of Pollution Act 1974 (c. 40) 123
Document Generated: 2024-06-19

Status:
This version of this Act contains provisions that are prospective.

Changes to legislation:
Control of Pollution Act 1974 is up to date with all changes known to be in force on or before 19
June 2024. There are changes that may be brought into force at a future date. Changes that have
been made appear in the content and are referenced with annotations.
View outstanding changes

Changes and effects yet to be applied to :

– s. 24(1)-(3) repealed by 1983 c. 35 Sch. 2
– s. 61(9) excluded by S.I. 2020/1297 art. 53(2) (This amendment not applied to
legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the
Department of Transport dated 9th August 2021 which followed the decision of the
High Court of Justice to quash this Order in the judgement dated 2nd August 2021
(High Court of Justice — Planning Court — The Queen (on the application of Save
Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No.
CO/4844/2020))
– s. 61(9) excluded by S.I. 2021/51 art. 43(2) (This amendment not applied to
legislation.gov.uk. S.I. 2021/51 removed from the website by request from the
Department of Transport dated 12th July 2021 which followed the decision of the
High Court of Justice to quash these Regulations in the judgement dated 8th July
2021 (High Court of Justice — Planning Court — The Queen (on the application of
Mair Bain) v. Secretary of State for Transport — Case No. CO/642/2021).)
– s. 65(8) excluded by 2017 c. 7 Sch. 27 para. 4(b) (Effect superseded by repeal of s.
65.)
– s. 65(8) excluded by S.I. 2015/1832 art. 18(3) (This amendment not applied to
legislation.gov.uk. S. 65 was fully repealed on (1.10.2015) by virtue of Deregulation
Act 2015 (c. 20), s. 115(7), Sch. 13 para. 11; S.I. 2015/1732, art. 2(f))
– s. 65(8) excluded by S.I. 2015/1876 art. 36(2)(b) (This amendment not applied to
legislation.gov.uk. S. 65 was fully repealed on (1.10.2015) by virtue of Deregulation
Act 2015 (c. 20), s. 115(7), Sch. 13 para. 11; S.I. 2015/1732, art. 2(f))
– s. 65(8) excluded by S.I. 2016/779 art. 9(2) (Effect superseded by repeal of s. 65.)
– s. 65(8) excluded by S.I. 2017/766 art. 8(2) (Effect superseded by repeal of s. 65.)
– s. 65(8) excluded by S.I. 2018/446 art. 30(2)(b) (Effect superseded by repeal of s.
65.)
– s. 65(8) excluded by S.I. 2018/923 art. 29(2) (Effect superseded by repeal of s. 65.)
– s. 65(8) excluded by S.I. 2020/547 art. 7(2)
– s. 65(8) excluded by S.I. 2023/110 art. 17(2)
– s. 65(8) excluded by S.I. 2024/70 art. 36(2) (This amendment not applied to
Legislation.gov.uk. The affected provision was repealed (S.) (30.6.2014) by
Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), Sch. 3 para. 16(2)(o);
S.S.I. 2014/160, art. 2(1)(2), Sch. and omitted (E.W.) (1.10.2015) by virtue of
Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 11; S.I. 2015/1732, art. 2(f).)
– s. 76(4) words repealed by 1990 c. 43 Sch. 16 Pt. 1 (This amendment not applied to
legislation.gov.uk. S. 76 already repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2),
Sch. 6)
– s. 78(1) words repealed by 1990 c. 43 Sch. 16 Pt. 1 (This amendment not applied to
legislation.gov.uk. S. 78 already repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2),
Sch. 6)
– s. 79(4) words repealed by 1990 c. 43 Sch. 16 Pt. 1 (This amendment not applied to
legislation.gov.uk. S. 79 already repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2),
Sch. 6)
– s. 80(3) words repealed by 1990 c. 43 Sch. 16 Pt. 1 (This amendment not applied to
legislation.gov.uk. S. 80 already repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2),
Sch. 6)
124 Control of Pollution Act 1974 (c. 40)
Document Generated: 2024-06-19

– s. 84(1) words repealed by 1990 c. 43 Sch. 16 Pt. 1 (This amendment not applied to
legislation.gov.uk. S. 84 already repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2),
Sch. 6)
– s. 103(1)(a) words repealed by 1990 c. 43 Sch. 16 Pt. 1 (This amendment not applied
to legislation.gov.uk. S. 103 already repealed (27.8.1993) by 1993 c. 11, ss. 67(3),
68(2), Sch. 6)
– Sch. 2 para. 15 repealed by 1989 c. 15 Sch. 27 Pt. 2