Statutory Instruments
1998 No. 2533 (S. 125)
PUBLIC HEALTH, SCOTLAND
The Trade Effluent (Registers) (Scotland) Regulations 1998
Made
6th October 1998
Laid before Parliament
16th October 1998
Coming into force
30th June 1999
The Secretary of State, in exercise of the powers conferred on him by section 37A of the Sewerage (Scotland) Act 1968(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Trade Effluent (Registers) (Scotland) Regulations 1998 and shall come into force on 30th June 1999.
Interpretation
2.—(1) In these Regulations–
“the Act” means the Sewerage (Scotland) Act 1968;
“map reference”, in relation to any place, means the group of two letters and six or more figures representing the map co-ordinates of the place referred to on the grid of the national reference system used by the Ordnance Survey on its maps and plans;
“relevant event” means the service, making, giving or issue of such notice, consent, direction, decision, disposal or agreement, as the case may be, as is referred to in Part II of the Act;
“the register”, in relation to any sewerage authority, means the register which it is the duty of that authority to maintain in pursuance of section 37A(1).
(2) Any reference in these Regulations to a numbered section is a reference to that section of the Act.
General provisions as to entries in the register
3.—(1) The register shall be so indexed as to enable information relating to a particular discharge or to a particular place to be traced and the index may contain a map.
(2) Every entry in the register shall state the date on which that entry was first included in the register.
(3) Where particulars of any place are required by these Regulations to be included in an entry in the register, those particulars shall include the map reference of the place (or of a point within that place) unless the place is otherwise readily identifiable.
Exclusion from the register
4.—(1) Subject to paragraph (3) below, the particulars to be included in the register under these Regulations shall not include particulars relating to the affairs of any individual or business if and so long as, in the opinion of the sewerage authority, those particulars are commercially confidential.
(2) For the purposes of this regulation, particulars are commercially confidential if their entry in the register would prejudice to an unreasonable degree the commercial interests of an individual or business.
(3) Paragraph (1) above shall not apply where the relevant individual or person for the time being carrying on that business consents to the inclusion of those particulars in the register.
Notices served under section 27
5. The particulars to be included in the register in respect of notices served under section 27 (procedure on application for consent to new discharge)(2) are–
(a)the name of the applicant;
(b)the date of the notice;
(c)the place at which and the sewer or sewage treatment works into which the trade effluent is to be discharged; and
(d)the information stated in the notice in terms of section 27(2).
Consents under section 29
6. The particulars to be included in the register in respect of a consent given under section 29 (decision on application) are–
(a)the name of the person to whom the consent is given;
(b)the date of the consent and, if different from the date of the consent, the date on which it and any condition to which it is subject came into or comes into force;
(c)the place at which and the sewer or sewerage treatment works into which the trade effluent is being or is to be discharged;
(d)the particulars of any conditions to which the consent is subject;
(e)where a consent is granted for a specified period, the period so specified; and
(f)the particulars of any sampling done in pursuance of any condition to which the consent is subject, including, without prejudice to that generality, the date, place and results of such sampling.
Consents granted on appeal under section 31
7. The particulars to be included in the register in respect of disposal of an appeal by way of grant of consent under section 31 (appeal against refusals and conditions) are–
(a)the name of the person to whom the consent is given;
(b)the date of the consent and, if different from the date of the consent, the date on which it and any condition to which it is subject came into or comes into force;
(c)the place at which and the sewer or sewerage treatment works into which the trade effluent is being or is to be discharged;
(d)the particulars of any conditions to which the consent is subject;
(e)where a consent is granted for a specified period, the period so specified; and
(f)the particulars of any sampling done in pursuance of any condition to which the consent is subject including, without prejudice to that generality, the date, place and results of such sampling.
Directions made under section 32 or 36
8. The particulars to be included in the register in respect of a direction made under section 32 (review of consents, conditions and refusals) or section 36 (review of continuation of existing discharge) are–
(a)the name of the person to whom the direction is given;
(b)the date of the direction and, if different from the date of the direction, the date on which it and any condition to which it is subject came into or comes into force;
(c)the place at which and the sewer or sewerage treatment works into which the trade effluent is being or is to be discharged;
(d)the particulars of all conditions, whether imposed by the direction or previously, which remain extant in respect of the trade effluent discharge concerned;
(e)where a consent is granted for a specified period, the period so specified; and
(f)the particulars of any sampling done in pursuance of any condition which remains extant including, without prejudice to that generality, the date, place and results of such sampling.
Existing discharges
9.—(1) Subject to paragraph (2) below, the particulars to be included in the register in respect of an existing discharge are–
(a)the name of the person making the trade effluent discharge;
(b)the place at which and the sewer or sewage treatment works into which the trade effluent is being discharged;
(c)the nature, composition and temperature of the effluent;
(d)the maximum quantity of the effluent which is to be discharged on any day; and
(e)the maximum hourly rate at which the effluent is to be discharged.
(2) Of the particulars specified in paragraph (1) above, only those which can be ascertained after reasonable enquiry require to be included in the register.
Agreements under section 37
10. The particulars to be included in the register in respect of an agreement under section 37 (agreements as respects trade premises) are–
(a)the name of the person with whom agreement has been entered into;
(b)the full terms and conditions of the agreement, including any variations thereto; and
(c)the particulars of any sampling done in pursuance of any terms and conditions of the agreement including, without prejudice to that generality, the date, place and results of such sampling.
Inspection by the public
11. The date prescribed under section 37A(3)(a) as the date after which the sewerage authorities are to secure that the registers maintained by them in pursuance of section 37A(1) are open to inspection by the public free of charge at all reasonable hours is 30th June 1999.
Sewel
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
6th October 1998
Explanatory Note
(This note is not part of the Regulations)
These Regulations, which extend to Scotland only, prescribe the particulars to be entered in the registers to be maintained by water and sewerage authorities in terms of section 37A of the Sewerage (Scotland) Act 1968. Provision is made to include details of existing discharges, application notices, discharge consents, directions (issued on review of consents and existing discharges) and agreements as respects trade premises. There is provision to exclude from the registers particulars relating to the affairs of any individual or business if, and so long as, in the opinion of the relevant water and sewerage authority, those particulars are commercially confidential. Finally, the Regulations provide for the registers to be open to inspection by the public from 30th June 1999.
Section 37A(3) of the Sewerage (Scotland) Act 1968 requires each water and sewerage authority to secure that the registers are open to inspection by the public free of charge at all reasonable hours. It also requires them to afford members of the public reasonable facilities for obtaining copies of entries in the register on payment of reasonable charges.
(1)
1968 c. 47; section 37A is inserted with effect from 30th June 1999 by virtue of the Local Government etc. (Scotland) Act 1994 (c. 39) section 103 and S.I. 1998/2532.
(2)
Section 27 and the sections of the Act referred to in regulations 6, 7, 8 and 10 were amended by the Local Government etc. (Scotland) Act 1994, Schedule 13, paragraph 75(15).
