# The Control of Pollution Act 1974 (Commencement No. 4) Order 1975

S.I. 1975/2118 · made 10 December 1975

This Order brings certain provisions of the Control of Pollution Act 1974 into force on 1st January 1976. Some apply to the United Kingdom as a whole and others to part only thereof, the Schedule showing these divided up accordingly.

PDFs: Printed copy https://openlegislation.uk/control-of-pollution-act-1974-commencement-no-4-order-1975/pdf/uksi_19752118_en.pdf

## Introductory text

PUBLIC HEALTH, ENGLAND AND WALES PUBLIC HEALTH, SCOTLAND PUBLIC HEALTH, NORTHERN IRELAND
Made 10th December 1975
The Secretary of State for the Environment (as respects England), the Secretary of State for Wales (as respects Wales), the Secretary of State for Scotland (as respects Scotland) and the Secretary of State for Northern Ireland (as respects Northern Ireland), in exercise of their powers under section 109(2) of the Control of Pollution Act 1974 and of all other powers enabling them in that behalf, hereby make the following order:—

## 1 

This order may be cited as the Control of Pollution Act 1974 (Commencement No. 4) Order 1975.

## 2 

The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.

## 3 

The provisions of the Control of Pollution Act 1974, which are specified in column 1 of the Schedule to this order (as respects England, Wales, Scotland and Northern Ireland as specified in Part I, as respects England, Wales and Scotland only as specified in Part II, as respects England and Wales only as specified in Part III, and as respects Scotland only as specified in Part IV of the said Schedule respectively) and which relate to the subject matter specified in column 2 thereof shall come into force on 1st January 1976.

## Signature

Anthony Crosland
Secretary of State for the Environment
4th December 1975
John Morris
Secretary of State for Wales
10th December 1975
William Ross
Secretary of State for Scotland
9th December 1975
Merlyn Rees
Secretary of State for Northern Ireland
9th December 1975

## I ENGLAND, WALES, SCOTLAND AND NORTHERN IRELAND

Provisions of the Act
Subject matter of provisions
In Part IV
Section 75
Regulations about motor fuel;
Section 77
Provisions supplementary to ss. 75 and 76;
In Part VI
Section 100
Power to prohibit or restrict the importation and use etc of injurious substances;
Section 101
Disposal of waste etc by Atomic Energy Authority.

## II ENGLAND, WALES AND SCOTLAND

Provisions of the Act
Subject matter of provisions
In Part I
Section 12(5)
so far as it defines “privy” for the purposes of section 30(4)
Collection of waste;
Section 25
Disposal of waste underground by Coal Board etc;
Section 29
Modification of Parts I and II to avoid duplication of control;
Section 30
Interpretation etc of Part I;
In Part IV
Section 78
Cable burning;
In Part VI
Section 99
Alteration of penalties;
Section 102
Power to give effect to international agreements;
Section 103
Adaptation of enactments to metric units;
Section 108(2)
so far as it applies to the provisions of Schedule 4 which are specified below:—
Clean Air Act 1956
In section 16(1), in the proviso, paragraph 1
Criminal Justice Act 1967
the entries relating to sections 27(1) and 27(2) of the Clean Air Act 1956
Schedule 2
Minor and consequential amendments of enactments and repeals.

## III ENGLAND AND WALES

Provisions of the Act
Subject matter of provisions
In Part I
Section 12(6) in its application to section 21
Collection of waste;
Section 12(7) in its application to sections 21 and 26
Collection of waste;
Section 17
Special provisions with respect to certain dangerous or intractable waste;
Section 19
Powers of disposal authorities as respects other waste;
Section 20
Reclamation of waste;
Section 21
Production of heat and electricity from waste etc;
Section 26
Outfall pipes for sewage disposal works;
Section 27(1)(a) and 27(2)
Interference with refuse tips and dustbins etc;
Section 28 in its application to sections 12(6), 21(4) and 26
Supplementary provisions relating to pipes;
In Part II
Section 49
Deposits and vegetation in rivers etc;
Section 50
Investigation of water pollution problems arising from closure of mines;
Section 56
Interpretation etc. of Part II;
In Part III
Section 57
Periodical inspections by local authorities;
Section 58
Summary proceedings by local authorities;
Section 59
Summary proceedings by occupier of premises;
Section 60
Control of noise on construction sites;
Section 61
Prior consent for work on construction sites;
Section 62
Noise in streets;
Section 63
Designation of zones;
Section 64
Register of noise levels;
Section 65
Noise exceeding registered level;
Section 66
Reduction of noise levels;
Section 67
New buildings etc;
Section 68
Noise from plant or machinery;
Section 69
Execution of works by local authority;
Section 70
Appeals to Secretary of State and magistrates' court;
Section 71
Codes of practice for minimising noise;
Section 72
“Best practicable means”;
Section 73
Interpretation and other supplementary provisions;
Section 74
Penalties;
Schedule 1
In Part IV
Section 76
Regulations about sulphur content of oil fuel for furnaces or engines;
Section 79
Research and publicity;
Section 80
Notices requiring information about air pollution;
Section 81
Appeals against notices;
Section 82
Regulations about research and publicity;
Section 83
Provision by local authorities of information for Secretary of State;
Section 84
Interpretation of Part IV;
In Part V
Section 85
Appeals to Crown Court etc;
Section 86
Protection of members and officers of authorities from personal liability;
Section 87
Miscellaneous provisions relating to legal proceedings;
Section 89
Expenses and receipts of Secretary of State etc;
Section 90
Establishment charges and interest in respect of certain expenses of authorities;
Section 91
Rights of entry and inspection;
Section 92
Provision supplementary to s. 91;
Section 93
Power of authorities to obtain information;
Section 94
Prohibition of disclosure of information;
Section 96
Local inquiries;
Section 97
Default powers;
Section 98
Interpretation of Part V;
In Part VI
Section 108(1)
so far as it applies to the provisions of Schedule 3 which are specified below|Minor and consequential amendments of enactments and repeals;
Section 108(2)
so far as it applies to the provisions of Schedule 4 which are specified below
Section 108(3)
Power to repeal etc local Acts;
In Schedule 3
Paragraphs 6, 8, 10, 16, 19, 22, 26, 28 and 29
In Schedule 4
the entry relative to the Administration of Justice (Appeals) Act 1934
Public Health (Drainage of Trade Premises) Act 1937
Sections 2(4) and 3(2)
In section 7(1) the proviso
Section 11
In section 14(1) the definition of “interested body”
Rivers (Prevention of Pollution) Act 1951
Section 4
Clean Air Act 1956
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 theAlkali Act
Noise Abatement Act 1960
Public Health Act 1961
Sections 55(4) and 57(3)
London Government Act 1963
Section 40(4)(g)
In Part I of Schedule 11, paragraph 32
Criminal Justice Act 1967
the entries relating to sections 94(2) and 95(1) of the Public Health Act 1936

## IV SCOTLAND

Provisions of the Act
Subject matter of provisions
In Part VI
Section 106
General application to Scotland.

## Explanatory note

This Order brings certain provisions of the Control of Pollution Act 1974 into force on 1st January 1976. Some apply to the United Kingdom as a whole and others to part only thereof, the Schedule showing these divided up accordingly.

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Source: https://www.legislation.gov.uk/uksi/1975/2118 (the official version)
Page: https://openlegislation.uk/control-of-pollution-act-1974-commencement-no-4-order-1975
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.