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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Control of Pollution (Radioactive Waste) (Scotland) Regulations 1991 No. 2539 (S. 200) URL: http://www.bailii.org/uk/legis/num_reg/1991/uksi_19912539_en.html |
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Statutory Instruments
PUBLIC HEALTH, SCOTLAND
Made
7th November 1991
Laid before Parliament
11th November 1991
Coming into force
2nd December 1991
1. These Regulations may be cited as the Control of Pollution (Radioactive Waste) (Scotland) Regulations 1991, shall come into force on 2nd December 1991 and shall extend to Scotland only.
2. In these Regulations-�
"the 1960 Act" means the Radioactive Substances Act 1960(3);
"the 1974 Act" means the Control of Pollution Act 1974; and
"radioactive waste" has the same meaning as in the 1960 Act.
3. The provisions of the 1974 Act specified in the Schedule to these Regulations(4) shall have effect, without modification, in relation to any radioactive waste as they have effect in relation to effluent or other matter or substance which is not radioactive waste.
4. Part II of Schedule 1 to the 1960 Act is modified by the substitution for paragraph 9B(5) of the following paragraph:-�
"9B. Sections 30A, 30B, 30D, 31(1) to (5) and (7) to (10), 31A, 32, 34 to 42, 46, 53, 55 and 56(1) to (4) of the Control of Pollution Act 1974.".
5. The Control of Pollution (Radioactive Waste) Regulations 1984(6), so far as still in force, and the Control of Pollution (Radioactive Waste) Regulations 1985(7) are hereby revoked.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew's House,
Edinburgh
7th November 1991
Regulation 3
| Provisions of Part II of the 1974 Act applied | Subject matter of provisions |
|---|---|
| Section 30A | Waters to which Part II applies |
| Section 30B | Classification of quality of waters |
| Section 30D | General duties to achieve and maintain objectives etc. |
| Section 31(1) to (5) and (7) to (10) | Control of pollution of rivers and coastal waters etc. |
| Section 31A | Requirements to take precautions against pollution |
| Section 32 | Control of discharges of trade and sewage effluent etc. into rivers and coastal waters etc. |
| Section 34 | 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 | Restriction on variation and revocation of consent and of previous variation |
| Section 39 | Appeals to Secretary of State |
| Section 40 | Transitional provisions relating to consents |
| Section 41 | Registers |
| Section 42 | Power of Secretary of State to exempt applications, consents and conditions etc. from publicity |
| Section 46 | Operations by river purification authorities to remedy or forestall pollution of water |
| Section 53 | Charges in respect of consents etc. |
| Section 55 | Discharges by islands councils |
| Section 56(1) to (4) | Interpretation etc. of Part II |
(This note is not part of the Regulations)
These Regulations revoke and re-enact for Scotland the substance of the Control of Pollution (Radioactive Waste) Regulations 1984 and 1985, taking into account changes made to Part II of the Control of Pollution Act 1974 by the Water Act 1989, Schedule 23.
The provisions of Part II of the 1974 Act (which relate to the control of water pollution) do not apply in relation to radioactive waste within the meaning of the Radioactive Substances Act 1960 but the Secretary of State may by regulations provide for any of these provisions to apply and may make consequential modifications of the 1960 Act.
These Regulations bring radioactive waste within the scope of those provisions of Part II of the 1974 Act which are specified in the Schedule to the Regulations, but in such a manner that no account will be taken of the radioactive properties of such waste, which will remain subject to control under the 1960 Act.
Regulation 4 substitutes a new paragraph 9B in Part II of Schedule I to the 1960 Act, comprising references to the provisions applied by these Regulations.
1974 c. 40. See also the definitions of "prescribed" and "regulations" in section 105(1) of the 1974 Act.
Section 56 was substituted by the Water Act 1989 (c. 15), Schedule 23, paragraph 6.
Sections 30A to 51 and 53 to 56 were substituted by the Water Act 1989, Schedule 23, paragraphs 4, 5 and 6.
Paragraph 9B was inserted by S.I. 1985/708.
S.I. 1984/863; regulation 4 of and Schedule 2 to these Regulations were revoked by S.I. 1985/708.
S.I. 1985/708.
