Trade Effluent (Registers) (Scotland) Regulations 1998

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 19681and of all other powers enabling him in that behalf, hereby makes the following Regulations:

S-1 Citation and commencement

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.

S-2 Interpretation

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.

S-3 General provisions as to entries in the register

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.

S-4 Exclusion from the register

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.

S-5 Notices served under section 27

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)2are–

(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).

S-6 Consents under section 29

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...

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