Local Government etc. (Scotland) Act 1994

The Control of Pollution Act 1974 (c.40)S

95(1)The Control of Pollution Act 1974 shall be amended in accordance with this paragraph.

(2)In section 32 (control of discharges of trade and sewage effluent etc.)—

(a)in subsection (1), for “(5)” substitute “ (5A) ”;

(b)for subsection (2) substitute—

“(2)Where any sewage effluent is discharged as mentioned in paragraph (a) of subsection (1) above from any sewer or works—

(a)vested in a sewerage authority; or

(b)vested in a person other than a sewerage authority and forming (or forming part of) a system provided by him such as is mentioned in section 98(1)(b) of the Local Government etc. (Scotland) Act 1994,

and the authority, or as the case may be person, did not cause or knowingly permit the discharge but was bound to receive into the sewer or works, either unconditionally or subject to conditions which were observed, matter included in the discharge, the authority or person shall be deemed for the purposes of that subsection to have caused the discharge.”;

(c)in subsection (5), for “local”, in both places where it occurs, substitute “ sewerage ”;

(d)after subsection (5) insert—

“(5A)A person in whom any such sewer or works as is described in subsection (2)(b) above is vested (such person being in this subsection referred to as a “relevant person”) shall not be guilty of an offence by virtue of subsection (1) of this section by reason only of the fact that a discharge from the sewer or works contravenes conditions of a consent relating to the discharge if—

(a)the contravention is attributable to a discharge which another person caused or permitted to be made into the sewer or works; and

(b)the relevant person either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions but the conditions were not observed; and

(c)the relevant person could not reasonably have been expected to prevent the discharge into the sewer or works;

and another person shall not be guilty of such an offence in consequence of a discharge which he caused or permitted to be made into a sewer or works vested in a relevant person if the relevant person was bound to receive the discharge there either unconditionally or subject to conditions which were observed.”; and

(e)subsection (6) shall cease to have effect.

(3)In section 36 (provisions supplementary to sections 34 and 35)—

(a)in subsection (1)(b) after “area”—

(i)where it first occurs, insert “ , and to each water authority within whose limits of supply, ”; and

(ii)where it secondly occurs, insert “ , or within whose limits of supply, ”; and

(b)in subsection (2), for “regional or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4)In section 55 (discharges by islands councils)—

(a)in subsection (1), for “an islands council in its area” substitute “ the councils for Orkney Islands, Shetland Islands and Western Isles in their areas ”; and

(b)in subsection (2), for “islands councils” substitute “ the councils for the areas mentioned in that subsection ”.

(5)In section 56 (interpretation of Part II)—

(a)for the definition of “sewage effluent” substitute—

““sewage effluent” includes any effluent from sewage disposal, or sewerage, works vested in a sewerage authority;

“sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”; and

(b)for the definition of “water authority” substitute—

““water authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”.

(6)In section 62(2)(a) (certain exemptions as respects offences relating to noise), after “water authority” insert “ (“water authority” being construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994) ”.

(7)In section 73(1) (interpretation), in the definition of “local authority”, in paragraph (b), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(8)In section 98 (interpretation of Part V), in the definition of “relevant authority”, in paragraph (b), for “, an islands council or a district council” substitute “ or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(9)In section 106(2) (application to Scotland), for the words from the beginning to “is a reference” substitute “ In this Act any reference to a river purification authority is ”.

(10)In Schedule 1A (orders designating nitrate sensitive areas: Scotland), in paragraph 8, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.