The Control of Pollution (Exemption of Certain Discharges from Control) (Variation) Order 1986

• Citation: S.I. 1986/1623
• Sections: 3

Section 1 Citation and commencement

(1) This order may be cited as the Control of Pollution (Exemption of Certain Discharges from Control) (Variation) Order 1986 and shall, subject to paragraph (2), come into operation on 15th October 1986.

(2) Article 2(a) and (c) and the Schedule shall come into operation on 15th October 1987.

Section 2 Variation of the Control of Pollution (Exemption of Certain Discharges from Control) Order 1983

The Control of Pollution (Exemption of Certain Discharges from Control) Order 1983 (“the 1983 Order”) shall be varied as follows—

(a) in article 3 (certain discharges to be exempt from control under section 32 of the Control of Pollution Act 1974) the proviso shall be omitted;

(b) in article 4 (publicity to be given by water authorities to exemptions from control effected by order) after the words “general effect of this order” there shall be inserted the words “and of any order varying or revoking any provisions of this order so far as it affects its area” and for the words “the order” there shall be substituted the words “the orders” ; and

(c) for the Schedule, there shall be substituted the Schedule to this order.

Section 3 Transitional Provisions

Where an application for consent in pursuance of section 34 of the Control of Pollution Act 1974 in respect of any discharge is duly made to a water authority before 15th October 1987 and the discharge in question is substantially a continuation of a previous discharge which during the year ending on 14th October 1987 was by virtue of article 3 of the 1983 Order lawfully made without such consent (any reduction of the temperature, volume or rate of the discharge as compared with that of the previous discharge being disregarded), the authority shall be deemed to have given unconditionally the consent applied for—

(a) until the authority actually gives the consent unconditionally; or

(b) if the authority refuses consent or gives it subject to conditions, until the expiration of the period of three months beginning with the date when the authority serves on the applicant notice of the refusal or the conditions subject to which consent is given; or

(c) if during that period the applicant appeals to the Secretary of State against the decision in pursuance of section 39 of that Act, until the determination of the appeal.