Statement by the Delegation of the United States of America in response to the address by the President of the OSCE Parliamentary Assembly, Ms. Christine Muttonen

No furnace shall be installed in a building or in any fixed boiler or industrial plant unless notice of the proposal to install it has been given to the local authority.

No furnace shall be installed in a building or in any fixed boiler or industrial plant unless the furnace is so far as practicable capable of being operated continuously without emitting smoke when burning fuel of a type for which the furnace was designed.

Any furnace installed in accordance with plans and specifications submitted to, and approved for the purposes of this section by, the local authority shall be treated as complying with the provisions of subsection (2).

Any person who installs a furnace in contravention of subsection (1) or (2) or on whose instructions a furnace is so installed shall be guilty of an offence and liable on summary conviction—

This section does not apply to the installation of domestic furnaces.

This section applies in relation to— as it applies in relation to the installation of a furnace in any fixed boiler or industrial plant.

This section applies to any furnace other than a domestic furnace.

The Secretary of State may by regulations prescribe limits on the rates of emission of grit and dust from the chimneys of furnaces to which this section applies.

If on any day grit or dust is emitted from a chimney serving a furnace to which this section applies at a rate exceeding the relevant limit prescribed under subsection (2), the occupier of any building in which the furnace is situated shall be guilty of an offence.

In proceedings for an offence under subsection (3) it shall be a defence to prove that the best practicable means had been used for minimising the alleged emission.

If, in the case of a building containing a furnace to which this section applies and which is served by a chimney to which there is no limit applicable under subsection (2), the occupier fails to use any practicable means there may be for minimising the emission of grit or dust from the chimney, he shall be guilty of an offence.

A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

A furnace other than a domestic furnace shall not be used in a building— unless the furnace is provided with plant for arresting grit and dust which has been approved by the local authority or which has been installed in accordance with plans and specifications submitted to and approved by the local authority, and that plant is properly maintained and used.

Subsection (1) has effect subject to any exemptions prescribed or granted under section 7.

The Secretary of State may by regulations substitute for any rate mentioned in subsection (1)(b) or (c) such other rate as he thinks fit: but no regulations shall be made so as to reduce any rate unless a draft of the regulations has been laid before and approved by each House of Parliament.

Regulations under subsection (3) reducing any rate shall not apply to a furnace which has been installed, the installation of which has been begun, or an agreement for the purchase or installation of which has been entered into, before the date on which the regulations come into force.

If on any day a furnace is used in contravention of subsection (1), the occupier of the building shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

The Secretary of State may by regulations provide that furnaces of any class prescribed in the regulations shall, while used for a purpose so prescribed, be exempted from the operation of section 6(1).

If on the application of the occupier of a building a local authority are satisfied that the emission of grit and dust from any chimney serving a furnace in the building will not be prejudicial to health or a nuisance if the furnace is used for a particular purpose without compliance with section 6(1), they may exempt the furnace from the operation of that subsection while used for that purpose.

If a local authority to whom an application is duly made for an exemption under subsection (2) fail to determine the application and to give a written notice of their decision to the applicant within— the furnace shall be treated as having been granted an exemption from the operation of section 6(1) while used for the purpose specified in the application.

If a local authority decide not to grant an exemption under subsection (2), they shall give the applicant a written notification of their decision stating their reasons, and the applicant may within twenty-eight days of receiving the notification appeal against the decision to the Secretary of State.

On an appeal under this section the Secretary of State— and shall give the appellant a written notification of his decision, stating his reasons for it.

If on any day a furnace which is exempt from the operation of section 6(1) is used for a purpose other than a prescribed purpose or, as the case may be, a purpose for which the furnace may be used by virtue of subsection (2), (3) or (5), the occupier of the building shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

A domestic furnace shall not be used in a building— unless the furnace is provided with plant for arresting grit and dust which has been approved by the local authority or which has been installed in accordance with plans and specifications submitted to and approved by the local authority, and that plant is properly maintained and used.

If a furnace is used in a building in contravention of subsection (1), the occupier of the building shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Where a local authority determine an application for approval under section 6 or 8, they shall give the applicant a written notification of their decision and, in the case of a decision not to grant approval, shall state their reasons for not doing so.

A person who— may, if he is dissatisfied with the decision of the authority on the application, appeal within twenty-eight days after he is notified of the decision to the Secretary of State; and the Secretary of State may give any approval which the local authority might have given.

An approval given by the Secretary of State under this section shall have the like effect as an approval of the local authority.

If a furnace in a building is used— the local authority may, by notice in writing served on the occupier of the building, direct that the provisions of subsection (2) below shall apply to the furnace, and those provisions shall apply accordingly.

In the case of a furnace to which this subsection for the time being applies, the occupier of the building shall comply with such requirements as may be prescribed as to— and in this subsection “prescribed” means prescribed (whether generally or for any class of furnace) by regulations made by the Secretary of State.

If the occupier of the building fails to comply with those requirements, he shall be guilty of an offence and liable on summary conviction—

The occupier of a building who by virtue of subsection (2) is under a duty to make and record measurements of grit, dust and fumes emitted from a furnace in the building shall permit the local authority to be represented during the making and recording of those measurements.

The Secretary of State may by regulations substitute for any rate mentioned in subsection (1)(b) or (c) such other rate as he thinks fit; but regulations shall not be made under this subsection so as to reduce any rate unless a draft of the regulations has been laid before and approved by each House of Parliament.

Any direction given by a local authority under subsection (1) with respect to a furnace in a building may be revoked by the local authority by a subsequent notice in writing served on the occupier of the building, without prejudice, however, to their power to give another direction under that subsection.

This section applies to any furnace to which section 10(2) (duty to comply with prescribed requirements) for the time being applies and which is used—

The occupier of the building in which the furnace is situated may, by notice in writing given to the local authority, request that authority to make and record measurements of the grit, dust and fumes emitted from the furnace.

While a notice is in force under subsection (2)— and any such notice given by the occupier of a building may be withdrawn by a subsequent notice in writing given to the local authority by him or any subsequent occupier of that building.

A direction under section 10(1) applying section 10(2) to a furnace which is used as mentioned in subsection (1)(a) or (b) of this section shall contain a statement of the effect of subsections (1) to (3) of this section.

For the purpose of enabling the local authority properly to perform their functions under and in connection with sections 5 to 11, the local authority may, by notice in writing served on the occupier of any building, require the occupier to furnish to them, within fourteen days or such longer time as may be limited by the notice, such information as to the furnaces in the building and the fuel or waste burned in those furnaces as they may reasonably require for that purpose.

Any person who, having been duly served with a notice under subsection (1)— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Sections 5 to 12 shall apply in relation to the furnace of any fixed boiler or industrial plant as they apply in relation to a furnace in a building.

References in those sections to the occupier of the building shall, in relation to a furnace falling within subsection (1), be read as references to the person having possession of the boiler or plant.

The reference in section 6(4) (and the reference in paragraph 6(1) and (3) of Schedule 5) to the installation and to the purchase of a furnace shall, in relation to a furnace which is already contained in any fixed boiler or industrial plant, be read as a reference to attaching the boiler or plant to the building or fixing it to or installing it on any land and to purchasing it respectively.

This section applies to any furnace served by a chimney.

An occupier of a building shall not knowingly cause or permit a furnace to be used in the building— unless the height of the chimney serving the furnace has been approved for the purposes of this section and any conditions subject to which the approval was granted are complied with.

If on any day the occupier of a building contravenes subsection (2), he shall be guilty of an offence.

A person having possession of any fixed boiler or industrial plant, other than an exempted boiler or plant, shall not knowingly cause or permit a furnace of that boiler or plant to be used as mentioned in subsection (2), unless the height of the chimney serving the furnace has been approved for the purposes of this section and any conditions subject to which the approval was granted are complied with.

If on any day a person having possession of any boiler or plant contravenes subsection (4), he shall be guilty of an offence.

A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

In this section “exempted boiler or plant” means a boiler or plant which is used or to be used wholly for any purpose prescribed in regulations made by the Secretary of State; and the height of a chimney is approved for the purposes of this section if approval is granted by the local authority or the Secretary of State under section 15.

This section applies to the granting of approval of the height of a chimney for the purposes of section 14.

Approval shall not be granted by a local authority unless they are satisfied that the height of the chimney will be sufficient to prevent, so far as practicable, the smoke, grit, dust, gases or fumes emitted from the chimney from becoming prejudicial to health or a nuisance having regard to—

Approval may be granted without qualification or subject to conditions as to the rate or quality, or the rate and quality, of emissions from the chimney.

If a local authority to whom an application is duly made for approval fail to determine the application and to give a written notification of their decision to the applicant within four weeks of receiving the application or such longer period as may be agreed in writing between the applicant and the authority, the approval applied for shall be treated as having been granted without qualification.

If a local authority decide not to approve the height of a chimney, or to attach conditions to their approval, they shall give the applicant a written notification of their decision which—

The applicant may within twenty-eight days of receiving a notification under subsection (5) appeal against the local authority’s decision to the Secretary of State.

On an appeal under this section the Secretary of State may confirm the decision appealed against or he may—

The Secretary of State shall give the appellant a written notification of his decision on an appeal under this section which—

References in this section to “the applicant” shall, in a case where the original applicant notifies the local authority that his interest in the application has been transferred to another person, be read as references to that other person.

This section applies where plans for the erection or extension of a building outside Greater London or in an outer London borough, other than a building used or to be used wholly for one or more of the following purposes, that is to say— are in accordance with building regulations deposited with the local authority and the plans show that it is proposed to construct a chimney, other than one serving a furnace, for carrying smoke, grit, dust or gases from the building.

The local authority shall reject the plans unless they are satisfied that the height of the chimney as shown on the plans will be sufficient to prevent, so far as practicable, the smoke, grit, dust or gases from becoming prejudicial to health or a nuisance having regard to—

If a local authority reject plans under the authority of this section—

On an appeal under subsection (3) the Secretary of State may confirm or cancel the rejection and, where he cancels the rejection, may, if he thinks it necessary, direct that the time for rejecting the plans otherwise than under the authority of this section shall be extended so as to run from the date on which his decision is notified to the local authority.

In the application of this section to England and Wales—

In the application of this section to Scotland— and subsections (3) and (4) shall be omitted.

In subsection (4A)—

Smoke other than— shall, if it is a nuisance to the inhabitants of the neighbourhood, be deemed for the purposes of the Public Health (Scotland) Act 1897 to be a nuisance liable to be dealt with summarily in manner provided by that Act.

In any proceedings brought by virtue of this section in the case of smoke emitted from a chimney, it shall be a defence for the person against whom proceedings are taken for contravention of any interdict or decree granted under section 22 or 23 of the Public Health (Scotland) Act 1897 for the prevention, removal, remedy or discontinuance of a nuisance to prove that the best practicable means are being or have been employed to prevent the nuisance.

This section extends to Scotland only.

A local authority may by order declare the whole or any part of the district of the authority to be a smoke control area; and any order made under this section is referred to in this Act as a “smoke control order”.

A smoke control order— and the reference in paragraph (c) to specified buildings or classes of building include a reference to any specified, or to any specified classes of, fixed boiler or industrial plant.

For the purposes of this Part a smoke control order in England or in Wales (as the case may be) “applies” to a building, fireplace, fixed boiler or industrial plant if the operation of Schedule 1A is not excluded in relation to it by virtue of subsection (2)(b) or (c).

A smoke control order may be revoked or varied by a subsequent order.

The provisions of Schedule 1 apply to the coming into operation of smoke control orders.

If, after consultation with a local authority, the Secretary of State is satisfied— he may direct the authority to prepare and submit to him for his approval, within such period not being less than six months from the direction as may be specified in the direction, proposals for making and bringing into operation one or more smoke control orders within such period or periods as the authority think fit.

Any proposals submitted by a local authority in pursuance of a direction under subsection (1) may be varied by further proposals submitted by the authority within the period specified for the making of the original proposals or such longer period as the Secretary of State may allow.

The Secretary of State may reject any proposals submitted to him under this section or may approve them in whole or in part, with or without modifications.

Where a local authority to whom a direction under subsection (1) has been given— the Secretary of State may make an order declaring them to be in default and directing them for the purposes of removing the default to exercise their powers under section 18 in such manner and within such period as may be specified in the order.

An order made under subsection (4) may be varied or revoked by a subsequent order so made.

While proposals submitted by a local authority and approved by the Secretary of State under this section are in force, it shall be the duty of the authority to make such order or orders under section 18 as are necessary to carry out the proposals.

If, after consultation with a local authority, the Scottish Environment Protection Agency (in this section referred to as “the Agency”) is satisfied— the Agency may direct the authority to prepare and submit to it for its approval, within such period not being less than six months from the direction as may be specified in the direction, proposals for making and bringing into operation one or more smoke control orders within such period or periods as the authority think fit.

Any proposals submitted by a local authority in pursuance of a direction under subsection (1) may be varied by further proposals submitted by the authority within the period specified for the making of the original proposals or such longer period as the Agency may allow.

The Agency may reject any proposals submitted to it under this section or may approve them in whole or in part, with or without modifications.

Where a local authority to whom a direction under subsection (1) has been given— the Agency, with the consent of the Secretary of State may make an order declaring them to be in default and directing them for the purposes of removing the default to exercise their powers under section 18 in such manner and within such period as may be specified in the order.

An order made under subsection (4) may be varied or revoked by a subsequent order so made.

While proposals submitted by a local authority and approved by the Agency under this section are in force, it shall be the duty of the authority to make such order or orders under section 18 as are necessary to carry out the proposals.

If, on any day, smoke is emitted from a chimney of any building within a smoke control area, the occupier of the building shall be guilty of an offence.

If, on any day, smoke is emitted from a chimney (not being a chimney of a building) which serves the furnace of any fixed boiler or industrial plant within a smoke control area, the person having possession of the boiler or plant shall be guilty of an offence.

Subsections (1) and (2) have effect—

In proceedings for an offence under this section it shall be a defence to prove that the alleged emission was not caused by the use of any fuel other than an authorised fuel.

A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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In this Part, “authorised fuel” means a fuel included in a list of authorised fuels kept by the Scottish Ministers for the purposes of this Part.

The Scottish Ministers must—

The list must be published in such manner as the Scottish Ministers consider appropriate.

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For the purposes of this Part, the Scottish Ministers may exempt any class or description of fireplace from the provisions of section 20 (prohibition of smoke emissions in smoke control areas) if they are satisfied that such fireplaces can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke.

An exemption under subsection (1) may be made subject to such conditions as the Scottish Ministers consider appropriate.

The Scottish Ministers must—

The list must be published in such manner as the Scottish Ministers consider appropriate.

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The Secretary of State may, if it appears to him to be necessary or expedient so to do, by order suspend or relax the operation of section 20 (prohibition of smoke emissions in smoke control area) in relation to the whole or any part of a smoke control area.

Before making an order under subsection (1) the Secretary of State shall consult with the local authority unless he is satisfied that, on account of urgency, such consultation is impracticable.

As soon as practicable after the making of such an order the local authority shall take such steps as appear to them suitable for bringing the effect of the order to the notice of persons affected.

A person who acquires in England any controlled solid fuel for use in— is guilty of an offence.

Where a smoke control order in England applies to a moored vessel (see section 44), subsection (1)(a) does not apply in relation to the acquisition of controlled solid fuel for use in the propulsion of the vessel or to provide electric power to the vessel.

Subsection (1)(b) does not apply where the fireplace was an approved fireplace at the time of the acquisition.

A person who— is guilty of an offence.

A person who sells any controlled solid fuel by retail in England for delivery by that person, or on that person’s behalf, to— is guilty of an offence.

In proceedings for an offence under subsection (5) it is a defence for the person accused to prove that the person believed and had reasonable grounds for believing that—

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

A person guilty of an offence under subsection (4) or (5) is liable on summary conviction to a fine.

The Secretary of State may, if it appears to the Secretary of State to be necessary or expedient to do so, by order suspend or relax the operation of— in relation to the whole or part of a smoke control area in England.

Before making an order under subsection (1) the Secretary of State must consult the local authority that declared the smoke control area in question unless satisfied that, on account of urgency, such consultation is impracticable.

As soon as practicable after the making of such an order the local authority must take such steps as appear to them suitable for bringing the effect of the order to the notice of persons affected.

In section 19B, “approved fireplace” means a fireplace of a type specified in a list published by the Secretary of State.

The Secretary of State may only specify a type of fireplace in the list if satisfied that such a fireplace can, if used in compliance with any conditions specified in the list, be used for burning controlled solid fuel without producing any smoke or a substantial quantity of smoke.

In section 19B and this section, “controlled solid fuel” means any solid fuel other than an approved fuel.

In subsection (3), “approved fuel” means a solid fuel specified in a list which has been published by the Secretary of State for the purposes of this section.

Any person who— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

In subsection (1), “solid fuel” means any solid fuel other than an authorised fuel.

Subsection (1) shall, in its application to a smoke control area in which the operation of section 20 is limited by a smoke control order to specified classes of buildings, boilers or plant, have effect as if references to a building, boiler or plant were references to a building, boiler or plant of a class specified in the order.

The power of the Secretary of State under section 22 (exemptions relating to particular areas) to suspend or relax the operation of section 20 in relation to the whole or any part of a smoke control area includes power to suspend or relax the operation of subsection (1) in relation to the whole or any part of such an area.

In proceedings for an offence under this section consisting of the sale of fuel for delivery to a building or premises, it shall be a defence for the person accused to prove that he believed and had reasonable grounds for believing—

Any person who— is guilty of an offence.

In subsection (1), “solid fuel” means any solid fuel other than an authorised fuel.

Subsection (1)(b) does not apply in relation to a fireplace that is‍‍ an exempt fireplace at the time of the acquisition.

Subsection (1) is subject to any regulations under section 19H(1)(b) (exemptions by regulations for whole or part of smoke control area).

In proceedings for an offence under subsection (1)(d), it is a defence for the person accused to prove that the person believed and had reasonable grounds for believing—

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.‍

In section 19F, “exempt fireplace” means a fireplace of a type specified in a list published by the Welsh Ministers.

The Welsh Ministers may only specify a type of fireplace in the list if satisfied that such a fireplace can, if used in compliance with any conditions specified in the list, be used for burning solid fuels other than authorised fuels without producing any smoke or a substantial quantity of smoke.

In section 19F and this section, “authorised fuel” means a solid fuel included in a list of authorised fuels published by the Welsh Ministers.

The Welsh Ministers may, if it appears to them to be necessary or expedient to do so, by regulations suspend or relax the operation of— in relation to the whole or any part of a smoke control area in Wales.

Before making regulations under subsection (1), the Welsh Ministers must consult the local authority that declared the smoke control area in question unless satisfied that on account of urgency such consultation is impracticable.

As soon as practicable after the making of such regulations, the local authority must take such steps as appear to them suitable for bringing the effect of the regulations to the notice of persons affected by the regulations.

The local authority may, by notice in writing served on the occupier or owner of a private dwelling which is, or when a smoke control order comes into operation will be, within a smoke control area, require the carrying out of adaptations in or in connection with the dwelling to avoid the imposition of a financial penalty under Schedule 1A (penalty for emission of smoke in England or Wales).

The provisions of Part XII of the Public Health Act 1936 with respect to appeals against, and the enforcement of, notices requiring the execution of works shall apply in relation to any notice under subsection (1).

Any reference in those provisions to the expenses reasonably incurred in executing the works shall, in relation to a notice under subsection (1), be read as a reference to three-tenths of those expenses or such smaller fraction of those expenses as the local authority may in any particular case determine.

In the application of this section to Scotland—

Schedule 2 to this Act shall have effect with respect to certain expenditure incurred in adapting old private dwellings in smoke control areas.

In this Part “old private dwelling” means any private dwelling other than one which either— and for the purposes of this subsection a dwelling or premises shall not be treated as erected or converted after that date unless the erection or conversion was begun after it.

If, after the making of a smoke control order, the owner or occupier of any premises or part of any premises to which this section applies and which will be within a smoke control area as the result of the order incurs expenditure on adaptations in or in connection with the premises or part to avoid the imposition of a financial penalty under Schedule 1A (penalty for emission of smoke in England or Wales), the local authority may, if they think fit, repay to him the whole or any part of that expenditure.

This section applies to any premises or part of any premises which fall within one or more of the following paragraphs, that is to say—

Where a smoke control order in England applies to a vessel which is moored (see section 44), subsection (2)(c) applies to the vessel as it applies in relation to premises.

This section applies where—

If— the authority must pay to the owner or occupier of the vessel 70% of the expenditure.

That amount must be paid in equal instalments every month for a period of six months.

But the duty to pay instalments under this section ceases if, at any time after the coming into operation of the smoke control order—

References in this Part to adaptations in or in connection with a dwelling to avoid the imposition of a financial penalty under Schedule 1A (penalty for emission of smoke in England or Wales) shall be read as references to the execution of any of the following works (whether in or outside the dwelling), that is to say— being works which are reasonably necessary in order to make what is in all the circumstances suitable provision for heating and cooking without ...incurring liability under Schedule 1A.

For the purposes of this section the provision of any igniting apparatus or appliance (whether fixed or not) operating by means of gas, electricity or other special means shall be treated as the execution of works.

Except for the purposes of section 24 (power of local authority to require certain adaptations), works which make such suitable provision as is mentioned in subsection (1) shall not be treated as not being adaptations to avoid ... liability under Schedule 1A to this Act by reason that they go beyond what is reasonably necessary for that purpose, but any expenditure incurred in executing them in excess of the expenditure which would have been reasonably incurred in doing what was reasonably necessary shall be left out of account.

References in this section to a dwelling include references to any premises or part of any premises to which section 26 (grants towards certain adaptations in churches and other buildings) applies , and to any vessel to which section 26 or 26A (adaptations of vessels in England) applies.

References in this Part to expenses incurred in the execution of works include references to the cost of any fixed cooking or heating appliance installed by means of the execution of the works, notwithstanding that the appliance can be readily removed from the dwelling without injury to itself or the fabric of the dwelling.

For the purposes of this Part a person who enters into either— of a cooking or heating appliance shall be treated as having incurred on the date of the agreement expenditure of an amount equal to the price which would have been payable for the appliance if he had purchased it for cash on that date.

References in this section to a dwelling include references to any premises or part of any premises to which section 26 (grants towards certain adaptations in churches and other buildings) applies , and to any vessel to which section 26 or section 26A (adaptations of vessels in England) applies.

The Secretary of State may by regulations— subject, in each case, to such exceptions and modifications as he thinks expedient.

No regulations shall be made under this section unless a draft of the regulations has been laid before and approved by each House of Parliament.

In the application of any provision of this Act to prescribed gases by virtue of regulations under this section, any reference to the rate of emission of any substance shall be construed as a reference to the percentage by volume or by mass of the gas which may be emitted during a period specified in the regulations.

In this section—

If a person discloses any information relating to any trade secret used in carrying on any particular undertaking which has been given to him or obtained by him by virtue of this Act or in the exercise of a power in Schedule 5 to the Consumer Rights Act 2015 for the purposes of the duty in section 30(4) or (7) or 31(4)(a) of this Act, he shall, subject to subsection (2), be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

A person shall not be guilty of an offence under subsection (1) by reason of the disclosure of any information if the disclosure is made—

Where— the penalty provided by subsection (2) shall apply instead of the penalty otherwise specified for the offence.

Where this subsection applies the person convicted shall be liable on summary conviction to a fine not exceeding— whichever is the greater.

Where an offence is subject to cumulative penalties in accordance with this section—

If, in the opinion of an authorised officer of the local authority— he shall, unless he has reason to believe that notice of it has already been given by or on behalf of the local authority, as soon as may be notify the appropriate person, and, if his notification is not in writing, shall before the end of the four days next following the day on which he became aware of the offence, confirm the notification in writing.

For the purposes of subsection (1), the appropriate person to notify is the occupier of the premises, the person having possession of the boiler or plant, the owner of the railway locomotive engine or the owner or master or other officer or person in charge of the vessel concerned, as the case may be.

In any proceedings for an offence under section 1 or 2 it shall be a defence to prove that the provisions of subsection (1) have not been complied with in the case of the offence; and if no such notification as is required by that subsection has been given before the end of the four days next following the day of the offence, that subsection shall be taken not to have been complied with unless the contrary is proved.

Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

Where the affairs of a body corporate are managed by its members this section shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Where the commission by any person of an offence under this Act is due to the act or default of some other person, that other person shall be guilty of the offence.

A person may be charged with and convicted of an offence by virtue of this section whether or not proceedings for the offence are taken against any other person.

If works are reasonably necessary in or in connection with a building in order to enable the building to be used for some purpose without contravention of any of the provisions of this Act (apart from Parts IV and V), the occupier of the building— and on an application under paragraph (a) or (b) the court may make such order as may appear to the court to be just.

In the application of this section to Scotland for any reference to the county court there shall be substituted a reference to the sheriff.

It shall be the duty of the local authority to enforce— but nothing in this section shall be taken as extending to the enforcement of any building regulations.

A local authority in England and Wales may institute proceedings for an offence under section 1 or 2 (prohibition of emissions of dark smoke) in the case of any smoke which affects any part of their district notwithstanding, in the case of an offence under section 1, that the smoke is emitted from a chimney outside their district and, in the case of an offence under section 2, that the smoke is emitted from premises outside their district.

Nothing in this section shall be taken as authorising a local authority in Scotland to institute proceedings for an offence against this Act.

Any person authorised in that behalf by a local authority may at any reasonable time—

Subsection (1) does not apply in relation to a private dwelling except in relation to—

If it is shown to the satisfaction of a justice of the peace on sworn information in writing— then, subject to subsection (4), the justice may by warrant under his hand authorise that person to enter the land or vessel, if need be by force.

A justice of the peace shall not issue a warrant in pursuance of subsection (3) in respect of any land or vessel unless he is satisfied—

A warrant issued in pursuance of this section shall continue in force until the purpose for which the entry is required has been satisfied.

In the application of this section to Scotland—

This section does not apply in relation to—

A person authorised to enter upon any land or vessel in pursuance of section 56 shall, if so required, produce evidence of his authority before he enters upon the land or vessel.

A person so authorised may take with him on to the land or vessel in question such other persons and such equipment as may be necessary.

Admission to any land or vessel used for residential purposes and admission with heavy equipment to any other land or vessel shall not, except in an emergency or in a case where the land or vessel is unoccupied, be demanded as of right in pursuance of section 56(1) unless notice of the intended entry has been served on the occupier not less than seven days before the demand.

A person who, in the exercise of powers conferred on him by virtue of section 56 or this section, enters upon any land or vessel which is unoccupied or of which the occupier is temporarily absent shall leave the land or vessel as effectually secured against unauthorised entry as he found it.

It shall be the duty of a local authority to make full compensation to any person who has sustained damage by reason of— except where the damage is attributable to the default of the person who sustained it; and any dispute as to a person’s entitlement to compensation in pursuance of this subsection or as to the amount of the compensation shall be determined by arbitration.

A person who wilfully obstructs another person acting in the exercise of any powers conferred on the other person by virtue of section 56 or this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

In section 56 and this section any reference to an emergency is a reference to a case where a person requiring entry to any land or vessel has reasonable cause to believe that circumstances exist which are likely to endanger life or health and that immediate entry to the land or vessel is necessary to verify the existence of those circumstances or to ascertain their cause or to effect a remedy.

A local authority may serve on any person a notice requiring him to furnish to the authority, within a period or at times specified in the notice and in a form so specified, any information so specified which the authority reasonably considers that it needs for the purposes of any function conferred on the authority by Part ... V of this Act (or by this Part of this Act so far as relating to that Part ).

The Secretary of State may by regulations provide for restricting the information which may be required in pursuance of subsection (1) and for determining the form in which the information is to be so required.

Any person who— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

The Secretary of State may cause an inquiry to be held in any case in which he considers it appropriate for an inquiryto be held either in connection with a provision of this Act or with a view to preventing or dealing with air pollution at any place.

Subsections (2) to (5) of section 250 of the Local Government Act 1972 (which contains supplementary provisions with respect to local inquiries held in pursuance of that section) shall, without prejudice to the generality of subsection (1) of that section, apply to inquiries in England and Wales in pursuance of subsection (1) as they apply to inquiries in pursuance of that section.

Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (local inquiries) shall, without prejudice to the generality of subsection (1) of that section, apply to inquiries in Scotland in pursuance of subsection (1) as they apply to inquiries held in pursuance of that section.

If the Secretary of State is satisfied that any local authority (in this section referred to as the “defaulting authority”) have failed to perform any functions which they ought to have performed, he may make an order— and he may specify the manner in which and the time or times within which those functions are to be performed by the authority.

If the defaulting authority fails to comply with any direction contained in such an order, the Secretary of State may, instead of enforcing the order by mandamus, make an order transferring to himself such of the functions of the authority as he thinks fit.

Where any functions of the defaulting authority are transferred in pursuance of subsection (2) above, the amount of any expenses which the Secretary of State certifies were incurred by him in performing those functions shall on demand be paid to him by the defaulting authority.

Where any expenses are in pursuance of subsection (3) required to be paid by the defaulting authority in respect of any functions transferred in pursuance of this section—

An order transferring any functions of the defaulting authority in pursuance of subsection (2) may provide for the transfer to the Secretary of State of such of the property, rights, liabilities and obligations of the authority as he considers appropriate; and where such an order is revoked the Secretary of State may, by the revoking order or a subsequent order, make such provision as he considers appropriate with respect to any property, rights, liabilities and obligations held by him for the purposes of the transferred functions.

An order made under this section may be varied or revoked by a subsequent order so made.

This section does not apply to a failure by a local authority—

In this section “functions”, in relation to an authority, means functions conferred on the authority by virtue of this Act.

If the Secretary of State is satisfied that any local authority (in this section referred to as the “defaulting authority”) have failed to perform any functions which they ought to have performed, he may make an order— and he may specify the manner in which and the time or times within which those functions are to be performed by the authority.

If the defaulting authority fails to comply with any direction contained in such an order, the Secretary of State may, instead of enforcing the order by mandamus, make an order transferring to himself such of the functions of the authority as he thinks fit.

Where any functions of the defaulting authority are transferred in pursuance of subsection (2) above, the amount of any expenses which the Secretary of State certifies were incurred by him in performing those functions shall on demand be paid to him by the defaulting authority.

Where any expenses are in pursuance of subsection (3) required to be paid by the defaulting authority in respect of any functions transferred in pursuance of this section—

An order transferring any functions of the defaulting authority in pursuance of subsection (2) may provide for the transfer to the Secretary of State of such of the property, rights, liabilities and obligations of the authority as he considers appropriate; and where such an order is revoked the Secretary of State may, by the revoking order or a subsequent order, make such provision as he considers appropriate with respect to any property, rights, liabilities and obligations held by him for the purposes of the transferred functions.

An order made under this section may be varied or revoked by a subsequent order so made.

This section does not apply to a failure by a local authority—

In this section “functions”, in relation to an authority, means functions conferred on the authority by virtue of this Act.

Sections 6, 7, 9 and 10 of the Public Health Act 1936 (provisions relating to joint boards) shall, so far as applicable, have effect in relation to this Act as if the provisions of this Act were provisions of that Act.

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Without prejudice to subsections (1) and (2), any two or more local authorities may combine for the purpose of declaring an area to be a smoke control area and in that event— but, except as provided in this subsection, references in this Act to the local authority shall, in relation to a building or dwelling, or to a boiler or industrial plant, in the smoke control area, be read as references to that one of the local authorities within whose district the building, dwelling, boiler or plant is situated.

For the avoidance of doubt it is hereby declared that where a port health authority or joint board has functions, rights or liabilities under this Act—

Any premises which extend into the districts of two or more authorities shall be treated for the purposes of this Act as being wholly within such one of those districts—

In the application of this Act to England and Wales, the following provisions of Part XII of the Public Health Act 1936 shall have effect in relation to the provisions of this Act (apart from Parts IV and V) as if those provisions were provisions of that Act— section 275 (power of local authority to execute works); section 276 (power of local authority to sell materials); section 278 (compensation to individuals for damage resulting from exercise of powers under Act); section 283 (form of notices); section 284 (authentication of documents); section 285 (service of notices); section 289 (power to require occupier to permit works to be executed by owner); section 291 (expenses to be a charge on the premises); section 293 (recovery of expenses); section 294 (limitation of liability of certain owners); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 305 (protection of members and officers of local authorities from personal liability).

In the application of this Act to Scotland—

Any power of the Secretary of State under this Act to make an order or regulations—

Any statutory instrument containing regulations made under this Act by the Secretary of State, except an instrument containing regulations a draft of which is required by section 6(3), 10(5) or 47(2) or paragraph 3(4) or 4(6) of Schedule 1A to be approved by a resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Any statutory instrument containing regulations made under this Act by the Welsh Ministers, except an instrument containing regulations a draft of which is required by section 6(3), 10(5) or 47(2) or paragraph 3(5) or 4(7) of Schedule 1A to be approved by a resolution of Senedd Cymru, is subject to annulment in pursuance of a resolution of Senedd Cymru.

Any statutory instrument containing an order under section 19C ... shall be subject to annulment in pursuance of a resolution of either House of Parliament.

In this Act, except so far as the context otherwise requires,—

Any reference in this Act to the occupier of a building shall, in relation to any building different parts of which are occupied by different persons, be read as a reference to the occupier or other person in control of the part of the building in which the relevant fireplace is situated.

In this Act any reference to the rate of emission of any substance or any reference which is to be understood as such a reference shall, in relation to any regulations or conditions, be construed as a reference to the quantities of that substance which may be emitted during a period specified in the regulations or conditions.

In this Act, except so far as the context otherwise requires, “private dwelling” means any building or part of a building used or intended to be used as such, and a building or part of a building is not to be taken for the purposes of this Act to be used or intended to be used otherwise than as a private dwelling by reason that a person who resides or is to reside in it is or is to be required or permitted to reside in it in consequence of his employment or of holding an office.

In considering for the purposes of this Act whether any and, if so, what works are reasonably necessary in order to make suitable provision for heating and cooking in the case of a dwelling or are reasonably necessary in order to enable a building to be used for a purpose without contravention of any of the provisions of this Act, regard shall be had to any difficulty there may be in obtaining, or in obtaining otherwise than at a high price, any fuels which would have to be used but for the execution of the works.

Any furnaces which are in the occupation of the same person and are served by a single chimney shall, for the purposes of sections 5 to 12, 14 and 15, be taken to be one furnace.

Until the coming into force of the repeal by the Environmental Protection Act 1990 of the Alkali, &c. Works Regulation Act 1906—

On the coming into force of the repeal by the Environmental Protection Act 1990 of the Alkali, &c. Works Regulation Act 1906, this section and Schedule 3 shall cease to have effect.

The enactments specified in Schedule 4 shall have effect subject to the amendments set out in that Schedule, being amendments consequential on the preceding provisions of this Act.

The transitional provisions and savings contained in Schedule 5 (which include provisions preserving the effect of transitional or saving provisions in enactments repealed by this Act) shall have effect.

The enactments specified in Schedule 6 (which include spent enactments) are repealed to the extent specified in the third column of that Schedule.

This Act may be cited as the Clean Air Act 1993.

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The following provisions of this Act (apart from this section) extend to Northern Ireland— but otherwise this Act does not extend to Northern Ireland.