# The Control of Pollution Act 1974 (Commencement No. 17) Order 1984

S.I. 1984/853 · made 22 June 1984

This order brings into force on 4th July 1984 in England, Wales and Scotland certain provisions of Part II (Pollution of Water) of the Control of Pollution Act 1974. The provisions in question relate principally to consents for discharges of effluent or other matter and to appeals to the Secretary of State against the unreasonable withholding of consent, or against unreasonable terms contained in notices revoking or modifying a consent, or questioning the reasonableness of the period specified in any such notice. Other provisions brought into force by the order are concerned with public participation in the consent procedure, and the modification of Part II in relation to discharges by water authorities and, in Scotland, islands Councils.

PDFs: Printed copy https://openlegislation.uk/control-of-pollution-act-1974-commencement-no-17-order-1984/pdf/uksi_19840853_en.pdf

## Introductory text

PUBLIC HEALTH, ENGLAND AND WALES PUBLIC HEALTH, SCOTLAND
Made 22nd June 1984
The Secretary of State, in exercise of his powers under sections 104(1) and 109(2) of the Control of Pollution Act 1974 and of all other powers enabling him in that behalf, hereby makes the following order:—

## 1 

(1) This order may be cited as the Control of Pollution Act 1974 (Commencement No. 17) Order 1984.
(2) The Control of Pollution Act 1974 (Commencement No. 15) Order 1983, is retitled the Control of Pollution Act 1974 (Commencement No. 16) Order 1983; and article 1 thereof is amended accordingly.

## 2 

(1) The provisions of the Control of Pollution Act 1974 specified in column 1 of the Schedule (the subject matter of which is described in column 2) shall come into force on 4th July 1984—
(a) in the case of those provisions specified in Part I, in England, Wales and Scotland;
(b) in the case of the provision specified in Part II, in England and Wales only; and
(c) in the case of those provisions specified in Part III, in Scotland only.
(2) Paragraph (1) above shall have effect subject to any limitations set out in column 1 of the Schedule as to the extent to which any provision is brought into force, and shall not have effect in the Isles of Scilly.

## I ENGLAND, WALES AND SCOTLAND

Column 1
Column 2
Provisions of the Act
Subject matter of provisions
In Part II
Section 31(1) so far as it defines “relevant waters” for the purposes of Part II
Meaning of “relevant waters”;
Section 34, except subsection (3)
Consents for discharges of trade and sewage effluent etc;
Section 35
Reference to Secretary of State of certain applications for consent;
Section 36
Provisions supplementary to sections 34 and 35;
Section 37
Revocation of consents and alteration and imposition of conditions;
Section 38(1) and (2)
Restriction on variation and revocation of consent and of previous variation;
Section 39(1), (4), (5), and (6) to (8) so far as they relate to subsection (1)
Appeals to Secretary of State;
Section 40
Transitional provisions relating to consents;
Section 42
Power of Secretary of State to exempt applications, consents and conditions etc. from publicity;
Section 54
Exclusion of certain liability in respect of discharges etc. with consent;
Section 55
Discharges by water authorities.

## II ENGLAND AND WALES

Column 1
Column 2
Provisions of the Act
Subject matter of provisions
In Part VI
Section 108(1) so far as it relates to paragraph 17 of Schedule 3.
Minor and consequential amendments of enactments.

## III SCOTLAND

Column 1
Column 2
Provisions of the Act
Subject matter of provisions
In Part II
Section 49
Deposits and vegetation in rivers etc.;
Section 56
Interpretation etc. of Part II.
In Part VI
Section 108(1) so far as it relates to paragraphs 13, 14 and 15 of Schedule 3.
Minor and consequential amendments of enactments.

## Explanatory note

This order brings into force on 4th July 1984 in England, Wales and Scotland certain provisions of Part II (Pollution of Water) of the Control of Pollution Act 1974. The provisions in question relate principally to consents for discharges of effluent or other matter and to appeals to the Secretary of State against the unreasonable withholding of consent, or against unreasonable terms contained in notices revoking or modifying a consent, or questioning the reasonableness of the period specified in any such notice. Other provisions brought into force by the order are concerned with public participation in the consent procedure, and the modification of Part II in relation to discharges by water authorities and, in Scotland, islands Councils.
The order also brings into force in Scotland sections 49 and 56 of the Act, which are already in force in England and Wales, and certain other provisions making minor and consequential amendments of enactments.
The Control of Pollution Act 1974 (Commencement No. 15) Order 1983 (S.I. 1983/1175), which was initially incorrectly numbered, is amended so as to make it number
“16”.

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Source: https://www.legislation.gov.uk/uksi/1984/853 (the official version)
Page: https://openlegislation.uk/control-of-pollution-act-1974-commencement-no-17-order-1984
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.