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29 Schedule 4, Page 36, line 22, at end insert:
.'After the entry relating to the Immigration Act 1971, there shall be inserted the following entry—
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The Control of Pollution Act 1974 (c.40)Section 31(1) (permitting poisonous, noxious or polluting matter to enter controlled waters, etc.), 32(1) (permitting trade effluent or sewage effluent to be discharged into such waters, etc.) or 49(1) (a) (causing accumulated deposit to be carried away in suspension in inland waters) or regulations under section 31(4) (prohibition on carrying on without consent certain activities likely to pollute waters in designated areas).'. Two persons authorised to do so by a river purification authority (within the meaning of that Act). That they have analysed a sample identified in the certificate (by label or otherwise) and that the sample is of a nature and composition specified in the certificate.".
§ Lord Rodger of EarlsferryMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 29. River purification authorities are responsible for monitoring the purity of water covered by the Control of Pollution Act 1974. Prosecutions may arise in respect of a range of polluting offences under the Act. Those offences require to be established with the support of evidence as to the composition of samples taken from the polluted waters. At present that evidence has to be spoken to by two witnesses. The effect of the amendment is to allow, in a way which has already been established in other areas, that the evidence be provided by means of a certificate. That will result in a saving of valuable court time.
Moved, That the House do agree with the Commons in their Amendment No. 29.—(Lord Rodger of Earlsferry.)
§ On Question, Motion agreed to.