Rivers (Prevention of Pollution) (Scotland) Act 1951

JurisdictionUK Non-devolved
Citation1951 c. 66
Year1951


Rivers (Prevention of Pollution) (Scotland) Act , 1951

(14 & 15 Geo. 6) CHAPTER 66

An Act to provide for establishing river purification boards in Scotland and for conferring on or transferring to such boards functions relating to the prevention of river pollution; to make new provision for maintaining or restoring the cleanliness of the rivers and other inland waters and the tidal waters of Scotland in place of the Rivers Pollution Prevention Act, 1876, and certain other enactments; and for purposes connected with the matters aforesaid.

[1st August 1951]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Central Authority

Part I

Central Authority

S-1 Duty of Secretary of State in relation to prevention of pollution of rivers and other waters.

1 Duty of Secretary of State in relation to prevention of pollution of rivers and other waters.

(1) It shall be the duty of the Secretary of State to promote the cleanliness of the rivers and other inland waters and the tidal waters of Scotland.

(2) The Secretary of State shall appoint a committee (to be called the Scottish River Purification Advisory Committee) for the purpose of advising him on any matter relating to the cleanliness of the rivers and other inland waters and the tidal waters of Scotland and to the prevention of pollution of such rivers and waters and of considering the enactments relating to the prevention of the pollution of such rivers and waters and of making to the Secretary of State such representations as the Committee think desirable concerning the matters aforesaid.

(3) The Scottish River Purification Advisory Committee shall consist of such number of persons as the Secretary of State may from time to time decide, being persons appointed, after consultation with such bodies representative of the interests concerned as the Secretary of State thinks fit, to represent local authorities, agriculture, fisheries and industry and any other interests which in the opinion of the Secretary of State should be represented on the Committee; and the Secretary of State may pay such expenses of the Committee as he may, with the approval of the Treasury, determine.

(4) The Secretary of State shall lay before each House of Parliament a copy of any report made to him by the Scottish River Purification Advisory Committee upon any matter which in his opinion is likely to be of general public interest.

II River Purification Boards

Part II

River Purification Boards

S-2 Establishment of river purification boards.

2 Establishment of river purification boards.

(1) The Secretary of State may in accordance with the provisions of this Part of this Act by order define areas (to be known as ‘river purification board areas’) and establish boards (to be known as ‘river purification boards’) for the areas so defined.

(2) Orders under the foregoing subsection defining river purification board areas and establishing river purification boards may be made at different times for different areas.

(3) The Secretary of State shall by order determine in respect of each river purification board established under this section the date on which the board shall commence to exercise their functions.

S-3 Definition of river purification board areas and establishment of river purification boards.

3 Definition of river purification board areas and establishment of river purification boards.

(1) Each river purification board area shall consist of such area, together with such tidal waters (being waters to which this Act for the time being applies) as the Secretary of State may determine; and the order defining a river purification board area shall do so either by reference to a map or by reference to the line of any watershed or the boundary of any local government district existing immediately before the making of the order, or partly by one method and partly by another.

(2) An order establishing a river purification board shall provide for the appointment of a board consisting of such number of members as may be specified in the order; and such members shall be appointed as follows, that is to say—

(a ) such proportion, not being less than three-fifths or more than two-thirds, of the members as may be specified in the order shall be appointed, in accordance with the administrative scheme made under the next following section, by the several councils of the counties and large burghs whose districts are comprised wholly or partly in the river purification board area; and

(b ) the remainder of the members shall be appointed by the Secretary of State for such periods and subject to such conditions as he may think fit and shall consist of persons appointed to represent the interests of persons concerned with the carrying on of agriculture, fisheries or industry in the river purification board area or any other interests which in the opinion of the Secretary of State should be represented on the board; and such persons shall be appointed after consultation with such persons as appear to the Secretary of State to be representative of the interests of those so concerned.

(3) An order establishing a river purification board may provide that the board shall be a body corporate with such name as may be specified in the order, and that the board shall have a common seal and may hold land and may sue and be sued in the name so specified.

(4) In the selection of members to be appointed by them the council of a county shall have regard to the relative rateable valuations of the small burghs and of the landward area of the county respectively comprised in the river purification board area; and in making appointments under this section the councils of counties and large burghs shall not appoint any officer or servant of the council or of any other local authority:

Provided that the council of a county or a large burgh shall not be precluded from appointing a member of the council who is also the officer or servant of another local authority.

(5) An order defining a river purification board area or establishing a river purification board shall be made in accordance with the provisions of Part I of the First Schedule to this Act, and Part II of that Schedule shall apply with respect to the validity of any such order.

S-4 Administrative schemes for river purification boards.

4 Administrative schemes for river purification boards.

(1) It shall be the duty of the councils of the counties and large burghs whose districts are comprised wholly or partly within a river purification board area jointly to prepare and submit to the Secretary of State, within such period as may be specified in the order establishing the board or within such further period as the Secretary of State may in special circumstances allow, a scheme (in this Act referred to as an ‘administrative scheme’) with respect to the constitution of the board and the administrative arrangements for the discharge of their functions, and the Secretary of State may approve with or without modification the scheme so submitted to him.

(2) Without prejudice to the foregoing generality, an administrative scheme may make provision with regard to the following matters:—

(a ) the numbers of members of the board to be appointed severally by the councils aforesaid;

(b ) the tenure of office of such members and the filling of casual vacancies among such members;

(c ) the mode of defraying the expenses of the board and, in particular, the proportions of those expenses which are to be borne severally by the councils aforesaid;

(d ) the furnishing, on such terms and conditions as may be specified in the scheme, by any of the councils aforesaid of any service connected with the administration or discharge of any of the board's functions;

(e ) the transfer to the board of property, rights or liabilities, or of the services of any officer or servant, of any of the councils aforesaid;

(f ) the settlement of differences between the councils aforesaid or between the board and such councils or any of them; and

(g ) any other matters incidental to or consequential on any provision contained in the scheme.

(3) In determining the numbers of members to be appointed severally by the councils aforesaid regard shall be had to the relative rateable valuations of the districts, or the parts of the districts, of the councils aforesaid comprised in the river purification board area.

(4) If the councils aforesaid fail to submit within the time limited under subsection (1) of this section an administrative scheme for the area satisfactory to the Secretary of State, he may by order make an administrative scheme therefor, and the foregoing provisions of this section shall apply to any such scheme as they apply to schemes made under those provisions:

Provided that before making any such scheme the Secretary of State shall give to the councils aforesaid notice of the general nature of the proposed scheme; and if within twenty-eight days after the giving of such notice any of those councils intimate objections...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT