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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
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An Act to make further provision for maintaining or restoring the cleanliness of the rivers and other inland waters and of the tidal waters of Scotland; to amend the Rivers (Prevention of Pollution) (Scotland) Act 1951; and for purposes connected with the matters aforesaid.
[2nd June 1965]
C1Act (except ss. 10, 13(1), 15(1)(4), 17(1)–(3) repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4
C2References to councils of counties or of large burghs and to their areas to be read as references to regional, islands or district councils and to their areas: Local Government (Scotland) Act 1973 (c. 65), s. 135(8)
Act: transfer of functions conferred (12.10.1995) by 1995 c. 25, s. 21(1)(a)(ii) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2(b)
Act modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F1Ss. 1–9, 11, 12, 14, 15(2)(3), 16, 17(4)(7), Schs. 1, 2 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4
(1)In any legal proceedings it shall be presumed, until the contrary is shown, that any sample of effluent taken at an inspection chamber or manhole or other place provided in compliance with a condition imposed under [F1sections 34 to 40 of the M1Control of Pollution Act 1974] in relation to any waters is a sample of what was passing from the land or premises to those waters.
(2)[F2the Scottish Environment Protection Agency (in this section referred to as “SEPA”) ]may agree with the occupier of any land or premises from which effluent is discharged on the point or points at which, in exercise of the [F2“SEPA’s” ]rights under section 19 of the principal Act, samples are to be taken of the effluent passing into any waters, and in any legal proceedings it shall be presumed, until the contrary is shown, that any sample of effluent taken at a point fixed under this section is a sample of what was passing from the land or premises to those waters.
(3)An agreement under the last foregoing subsection shall have effect in relation to the land or premises (notwithstanding any change of occupier), but [F3SEPA] or the occupier for the time being may at any time declare that it shall cease to have effect.
(4)In default of agreement under the foregoing provisions of this section, [F3SEPA] may apply to the Secretary of State and the Secretary of State may, after considering any representations made to him by the occupier of the land or premises and any other person who appears to the Secretary of State to be interested, fix the point at which samples are to be taken; and the Secretary of State may from time to time on the application of [F3SEPA] or the occupier of the land or premises review and vary any decision taken by him under this subsection.
(5)[F3SEPA] shall maintain a register containing such particulars as the Secretary of State may direct of sampling points fixed under the foregoing provisions of this section, and the register shall be open to inspection at all reasonable hours by any person appearing to [F3SEPA] to be interested.
(6)Section 19 of the principal Act shall be amended in accordance with the following provisions of this subsection, that is to say—
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)after subsection (30 there shall be inserted the following subsection:—
“(4)In this section any reference to an analysis shall be construed as including a refernce to any test of whatever kind, and “analysed” and “analyst” shall be construed accordingly, and any reference to land includes a reference to premises.”
F1Words substituted by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 3 para. 24
F2Words in s. 10(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 6(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F3Words in s. 10(3)-(5) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 6(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F4S. 10(6)(a) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
C1The text of Ss. 10(6), 13(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M11974 c. 40.
F1Ss. 1–9, 11, 12, 14, 15(2)(3), 16, 17(4)(7), Schs. 1, 2 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4
(1)In section 9 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 M1 (saving for certain acts which would otheriwse be offences) for the words “where such act relates to salmon” there shall be substitued the words “in the case of an act which relates to salmon and which is not an act specified in paragraph (a) or (b) of section 4 of this Act, with the previous permission in writing”
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
F1Ss. 13(2), 17(5), Sch. 3 repealed by Control of Pollution Act 1974 (c. 40, SIF 46:4), s. 109, Sch. 4
C1The text of Ss. 10(6), 13(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
M11951 c.26.
F1Ss. 1–9, 11, 12, 14, 15(2)(3), 16, 17(4)(7), Schs. 1, 2 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4
(1)In this Act “the principal Act” means the M1Rivers (Prevention of Pollution) (Scotland) Act 1951 and this Act shall be construed as one with the principal Act.
(2), (3).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(4)Any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by or under any other enactment.
F1Ss. 1–9, 11, 12, 14, 15(2)(3), 16, 17(4)(7), Schs. 1, 2 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4
M11951 c. 66.
F1Ss. 1–9, 11, 12, 14, 15(2)(3), 16, 17(4)(7), Schs. 1, 2 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4
(1)This Act may be cited as the Rivers (Prevention of Pollution) (Scotland) Act 1965.
(2)This Act and the Rivers (Prevention of Pollution) (Scotland) Act 1951 may be cited together as the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965.
(3)This Act shall extend to Scotland only.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(5).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
F1Ss. 1–9, 11, 12, 14, 15(2)(3), 16, 17(4)(7), Schs. 1, 2 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4
F2Ss. 13(2), 17(5), Sch. 3 repealed by Control of Pollution Act 1974 (c. 40, SIF 46:4), s. 109, Sch. 4
F3S. 17(6), Sch. 4 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
Rivers (Prevention of Pollution) (Scotland) Act 1965