India - Situation and prospects of the economy : a medium-term perspective (Vol. 1 of 3) : Executive Summary
Dark smoke shall not be emitted from a chimney of any building, and if, on any day, dark smoke is so emitted, the occupier of the building shall be guilty of an offence.
Dark smoke shall not be emitted from a chimney (not being a chimney of a building) which serves the furnace of any fixed boiler or industrial plant, and if, on any day, dark smoke is so emitted, the person having possession of the boiler or plant shall be guilty of an offence.
This section does not apply to emissions of smoke from any chimney, in such classes of case and subject to such limitations as may be prescribed in regulations made by the Secretary of State, lasting for not longer than such periods as may be so prescribed.
In any proceedings for an offence under this section, it shall be a defence to prove— or that the alleged emission was due to the combination of two or more of the causes specified in paragraphs (a) to (c) and that the other conditions specified in those paragraphs are satisfied in relation to those causes respectively.
that the alleged emission was solely due to the lighting up of a furnace which was cold and that all practicable steps had been taken to prevent or minimise the emission of dark smoke;
that the alleged emission was solely due to some failure of a furnace, or of apparatus used in connection with a furnace, and that—
the failure could not reasonably have been foreseen, or, if foreseen, could not reasonably have been provided against; and
the alleged emission could not reasonably have been prevented by action taken after the failure occurred; or
that the alleged emission was solely due to the use of unsuitable fuel and that—
suitable fuel was unobtainable and the least unsuitable fuel which was available was used; and
all practicable steps had been taken to prevent or minimise the emission of dark smoke as the result of the use of that fuel;
A person guilty of an offence under this section shall be liable on summary conviction—
in the case of a contravention of subsection (1) as respects a chimney of a private dwelling, to a fine not exceeding level 3 on the standard scale; and
in any other case, to a fine not exceeding level 5 on the standard scale.
This section has effect subject to section 51 (duty to notify offences to occupier or other person liable).
Dark smoke shall not be emitted from any industrial or trade premises and if, on any day, dark smoke is so emitted the occupier of the premises and any person who causes or permits the emission shall be guilty of an offence.
This section does not apply—
to the emission of dark smoke from any chimney to which section 1 above applies; or
to the emission of dark smoke caused by the burning of any matter prescribed in regulations made by the Secretary of State, subject to compliance with such conditions (if any) as may be so prescribed.
In proceedings for an offence under this section, there shall be taken to have been an emission of dark smoke from industrial or trade premises in any case where— unless the occupier or any person who caused or permitted the burning shows that no dark smoke was emitted.
material is burned on those premises; and
the circumstances are such that the burning would be likely to give rise to the emission of dark smoke,
In proceedings for an offence under this section, it shall be a defence to prove—
that the alleged emission was inadvertent; and
that all practicable steps had been taken to prevent or minimise the emission of dark smoke.
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £20,000 a fine .
In this section “industrial or trade premises” means—
premises used for any industrial or trade purposes; or
premises not so used on which matter is burnt in connection with any industrial or trade process.
This section has effect subject to section 51 (duty to notify offences to occupier or other person liable).
In this Act “dark smoke” means smoke which, if compared in the appropriate manner with a chart of the type known on 5th July 1956 (the date of the passing of the Clean Air Act 1956) as the Ringelmann Chart, would appear to be as dark as or darker than shade 2 on the chart.
For the avoidance of doubt it is hereby declared that in proceedings— the court may be satisfied that smoke is or is not dark smoke as defined in subsection (1) notwithstanding that there has been no actual comparison of the smoke with a chart of the type mentioned in that subsection.
for an offence under section 1 or 2 (prohibition of emissions of dark smoke); . . .
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Without prejudice to the generality of subsections (1) and (2), if the Secretary of State by regulations prescribes any method of ascertaining whether smoke is dark smoke as defined in subsection (1), proof in any such proceedings as are mentioned in subsection (2)— shall be accepted as sufficient.
that that method was properly applied, and
that the smoke was thereby ascertained to be or not to be dark smoke as so defined,
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—
in the case of a contravention of subsection (1), to a fine not exceeding level 3 on the standard scale; and
in the case of a contravention of subsection (2), to a fine not exceeding level 5 on that scale.
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.
the attachment to a building of a boiler or industrial plant which already contains a furnace; or
the fixing to or installation on any land of any such boiler or 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.
to burn pulverised fuel; or
to burn, at a rate of 45.4 kilograms or more an hour, any other solid matter; or
to burn, at a rate equivalent to 366.4 kilowatts or more, any liquid or gaseous matter,
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.
eight weeks of receiving the application; or
such longer period as may be agreed in writing between the applicant and the authority,
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.
may confirm the decision appealed against; or
may grant the exemption applied for or vary the purpose for which the furnace to which the application relates may be used without compliance with section 6(1);
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.
to burn pulverised fuel; or
to burn, at a rate of 1.02 tonnes an hour or more, solid fuel in any other form or solid waste,
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.
has made such an application to a local authority; or
is interested in a building with respect to which such an application has been made,
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.
to burn pulverised fuel;
to burn, at a rate of 45.4 kilograms or more an hour, any other solid matter; or
to burn, at a rate equivalent to 366.4 kilowatts or more, any liquid or gaseous matter,
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.
making and recording measurements from time to time of the grit, dust and fumes emitted from the furnace;
making adaptations for that purpose to the chimney serving the furnace;
providing and maintaining apparatus for making and recording the measurements; and
informing the local authority of the results obtained from the measurements or otherwise making those results available to them;
If the occupier of the building fails to comply with those requirements, he shall be guilty of an offence and liable on summary conviction—
to a fine not exceeding level 5 on the standard scale; or
to cumulative penalties on continuance in accordance with section 50.
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—
to burn, at a rate less than 1.02 tonnes an hour, solid matter other than pulverised fuel; or
to burn, at a rate of less than 8.21 Megawatts, any liquid or gaseous matter.
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.
the local authority shall from time to time make and record measurements of the grit, dust and fumes emitted from the furnace; and
the occupier shall not be under a duty to comply with any requirements of regulations under subsection (2) of section 10 in relation to the furnace, except those imposed by virtue of paragraph (b) of that subsection;
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.
fails to comply with the requirements of the notice within the time limited; or
furnishes any information in reply to the notice which he knows to be false in a material particular,
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.
to burn pulverised fuel;
to burn, at a rate of 45.4 kilograms or more an hour, any other solid matter; or
to burn, at a rate equivalent to 366.4 kilowatts or more, any liquid or gaseous matter,
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—
the purpose of the chimney;
the position and descriptions of buildings near it;
the levels of the neighbouring ground; and
any other matters requiring consideration in the circumstances.
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—
states their reasons for that decision; and
in the case of a decision not to approve the height of the chimney, specifies— or (if they think fit) both.
the lowest height (if any) which they are prepared to approve without qualification; or
the lowest height which they are prepared to approve if approval is granted subject to any specified conditions,
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—
approve the height of the chimney without qualification or subject to conditions as to the rate or quality, or the rate and quality, of emissions from the chimney; or
cancel any conditions imposed by the local authority or substitute for any conditions so imposed any other conditions which the authority had power to impose.
The Secretary of State shall give the appellant a written notification of his decision on an appeal under this section which—
states his reasons for the decision; and
in the case of a decision not to approve the height of the chimney, specifies— or (if he thinks fit) both.
the lowest height (if any) which he is prepared to approve without qualification; or
the lowest height which he is prepared to approve if approval is granted subject to any specified conditions,
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.
as a residence or residences;
as a shop or shops; or
as an office or offices,
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—
the purpose of the chimney;
the position and descriptions of buildings near it;
the levels of the neighbouring ground; and
any other matters requiring consideration in the circumstances.
If a local authority reject plans under the authority of this section—
the notice given under section 16(6) of the Building Act 1984 shall specify that the plans have been so rejected; and
any person interested in the building may appeal to the Secretary of State.
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 Scotland— and subsections (3) and (4) shall be omitted.
any reference to plans deposited in accordance with building regulations shall be read as a reference to the plans, specifications and other information submitted with an application for a building warrant under section 9 of the Building (Scotland) Act 2003 (asp 8);
any reference to a local authority shall be read as a reference to a verifier within the meaning of that Act;
any reference to the rejection of plans shall be read as a reference to the refusal of a building warrant under section 9 of that Act;
In the application of this section to England and Wales—
any reference to plans deposited in accordance with building regulations shall be read as a reference to the plans, specifications and other information submitted with an application for building control approval;
any reference to a local authority shall be read as in relation to England including a reference to the building safety regulator and in relation to Wales as a reference to the building control authority;
any reference to the rejection of plans shall be read as a reference to the rejection of an application for building control approval;
any reference to the notice given under section 16(6) of the Building Act 1984 shall be read as a reference to a notice of rejection of an application for building control approval given in accordance with building regulations,
In subsection (4A)—
“application for building control approval” means an application in accordance with building regulations for building control approval (as defined in paragraph 1B of Schedule 1 to the Building Act 1984);
“building safety regulator” means the regulator within the meaning of Part 2 of the Building Safety Act 2022.
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.
smoke emitted from a chimney of a private dwelling in a smoke control area;
dark smoke emitted from a chimney of a building or from a chimney serving the furnace of any fixed boiler or industrial plant; or
dark smoke emitted otherwise than as mentioned in paragraph (b) from industrial or trade premises within the meaning of section 2,
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.
may make different provision for different parts of the smoke control area;
may limit the operation of Schedule 1A (penalty for emission of smoke in England or in Wales) to specified classes of building in the area; and
may exempt specified buildings or classes of building or specified fireplaces or classes of fireplace in the area from the operation of that section or Schedule, upon such conditions as may be specified in the order;
A smoke control order may be revoked or varied by a subsequent order.
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).
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.
that it is expedient to abate the pollution of the air by smoke in the district or part of the district of the authority; and
that the authority have not exercised, or have not sufficiently exercised, their powers under section 18 (power to declare smoke control area) to abate the pollution,
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.
fail to submit proposals to the Secretary of State within the period specified in the direction; or
submit proposals which are rejected in whole or in part,
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.
that it is expedient to abate the pollution of the air by smoke in the district or part of the district of the authority; and
that the authority have not exercised, or have not sufficiently exercised, their powers under section 18 (power to declare smoke control area) to abate the pollution,
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.
fail to submit proposals to the Agency within the period specified in the direction; or
submit proposals which are rejected in whole or in part,
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—
subject to any exemptions for the time being in force under section 18, 21 or 22;
subject to section 51 (duty to notify offences to occupier or other person liable).
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—
publish the list of authorised fuels; and
publish a revised copy of the list as soon as is reasonably practicable after any change is made to it.
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—
publish a list of those classes or descriptions of fireplace that are exempt under subsection (1), including details of any conditions to which an exemption is subject; and
publish a revised copy of the list as soon as is reasonably practicable after any change is made to the classes or descriptions of fireplace that are so exempt or to the conditions to which an exemption is subject.
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.
Schedule 1A makes provision for financial penalties in relation to the emission of smoke in smoke control areas in England.
A person who acquires in England any controlled solid fuel for use in— is guilty of an offence.
a building to which a smoke control order in England applies,
a fireplace to which such an order applies, or
a fixed boiler or industrial plant to which such an order applies,
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.
offers controlled solid fuel for sale by retail in England where the fuel is to be taken away by a purchaser, and
fails to take reasonable steps to notify potential purchasers that it is an offence to acquire that fuel for any of the uses mentioned in subsection (1),
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.
a building to which a smoke control order in England applies, or
premises in which there is any fixed boiler or industrial plant to which such an order applies,
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—
the building referred to in subsection (5)(a) was not one to which the smoke control order in question applied, or
the fuel was acquired for use in—
a fireplace that was, at the time of the delivery, an approved fireplace, or
a boiler or plant to which the smoke control order did not apply.
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.
Schedule 1A (penalty for emission of smoke), or
section 19B(1), (4) or (5) (offences relating to acquisition and sale of fuel),
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.
acquires any solid fuel for use in a building in a smoke control area otherwise than in a building or fireplace exempted from the operation of section 20 (prohibition of smoke emissions in smoke control area);
acquires any solid fuel for use in any fixed boiler or industrial plant in a smoke control area, not being a boiler or plant so exempted; or
sells by retail any solid fuel for delivery by him or on his behalf to—
a building in a smoke control area; or
premises in such an area in which there is any fixed boiler or industrial plant,
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—
that the building was exempted from the operation of section 20 or, in a case where the operation of that section is limited to specified classes of building, was not of a specified class; or
that the fuel was acquired for use in a fireplace, boiler or plant so exempted or, in a case where the operation of that section is limited to specified classes of boilers or plant, in a boiler or plant not of a specified class.
Schedule 1A makes provision for financial penalties in relation to the emission of smoke in smoke control areas in Wales.
Any person who— is guilty of an offence.
acquires any solid fuel for use in a building to which a smoke control order in Wales applies;
acquires any solid fuel for use in a fireplace to which a smoke control order in Wales applies;
acquires any solid fuel for use in any fixed boiler or industrial plant to which a smoke control order in Wales applies; or
sells by retail any solid fuel in Wales for delivery by that person, or on that person’s behalf, to—
a building to which a smoke control order in Wales applies; or
premises in which there is any fixed boiler or industrial plant to which such an order applies,
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—
that the building referred to in sub-paragraph (i) of that subsection was not one to which the smoke control order in question applied, or
that the fuel was acquired for use in—
a fireplace that was, at the time of the delivery, an exempt fireplace, or
a boiler or plant to which the smoke control order did not apply.
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.
Schedule 1A (penalty for emission of smoke), or
section 19F(1) (offences relating to acquisition and sale of fuel),
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—
subsections (2) and (3) shall be omitted;
section 111 of the Housing (Scotland) Act 1987 (which provides for an appeal to the sheriff against certain notices, demands and orders under that Act) shall apply in relation to a notice under subsection (1) of this section as it applies in relation to a repair notice under that Act; and
subject to any such right of appeal as is mentioned in paragraph (b), if any person on whom a notice under subsection (1) is served fails to execute the works required by the notice within the time limited by the notice, the local authority may themselves execute the works and may recover from that person three-tenths, or such smaller fraction as the local authority may in any particular case determine, of the expenses reasonably incurred by them in so doing.
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.
was erected after 15th August 1964 (which was the date immediately preceding the time when the enactment replaced by this subsection came into force), or
was produced by the conversion, after that date, of other premises, with or without the addition of premises erected after that date;
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—
any place of public religious worship, being, in the case of a place in England or Wales, a place which belongs to the Church of England or to the Church in Wales (within the meaning of the Welsh Church Act 1914) or which is for the time being certified as required by law as a place of religious worship;
any church hall, chapel hall or similar premises used in connection with any such place of public religious worship, and so used for the purposes of the organisation responsible for the conduct of public religious worship in that place;
any premises or part of any premises occupied for the purposes of an organisation (whether corporate or unincorporated) which is not established or conducted for profit and whose main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare.
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—
a local authority in England makes a smoke control order,
as a result of the order a vessel will, when the order comes into operation, be within a smoke control area and subject to the operation of Schedule 1A,
the owner or occupier of the vessel has a right to moor the vessel at a single mooring place within that area for the period which—
begins on the day on which the smoke control order is made, and
ends six months after it comes into operation, and
the owner or occupier does not have access to a mains electricity or gas supply at the mooring place.
If— the authority must pay to the owner or occupier of the vessel 70% of the expenditure.
before the coming into operation of the order, the owner or occupier incurs expenditure on adaptations to or in connection with the vessel to avoid the imposition of a penalty under Schedule 1A,
the expenditure is incurred with the approval of the local authority given for the purpose of this section, and
the adaptations are completed to the satisfaction of the local authority,
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—
the owner or occupier of the vessel ceases to have the right to moor the vessel at the single mooring place mentioned in subsection (1)(c), or
the vessel is absent from the smoke control area for a period of, or periods together totalling, three months.
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.
adapting or converting any fireplace;
replacing any fireplace by another fireplace or by some other means of heating or cooking;
altering any chimney which serves any fireplace;
providing gas ignition, electric ignition or any other special means of ignition; or
carrying out any operation incidental to any of the operations mentioned in paragraphs (a) to (d);
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.
a conditional sale agreement for the sale to him, or
a hire-purchase agreement for the bailment or (in Scotland) hiring to him,
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.
In this Part, except so far as the context otherwise requires—
1. The following abbreviations are used in this Table:—
“fireplace” includes any furnace, grate or stove, whether open or closed;
the purchase price or part of it is payable by instalments; and
“port health authority” means, as respects Scotland, a port local authority constituted under Part X of the Public Health (Scotland) Act 1897 and includes a reference to a joint port health authority constituted under that Part;
in England . . ., the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple;
in Wales, the council of a county or county borough;
“person liable”, in relation to a relevant chimney, means—
“practicable” means reasonably practicable having regard, amongst other things, to local conditions and circumstances, to the financial implications and to the current state of technical knowledge, and “practicable means” includes the provision and maintenance of plant and its proper use;
“fumes” means any airborne solid matter smaller than dust;
“relevant national authority” means—
the exercise of an option to purchase by that person;
the exercise of an option to purchase by that person;
“conditional sale agreement” means an agreement for the sale of goods under which—
“domestic furnace” means any furnace which is—
“port health authority” means, as respects Scotland, a port local authority constituted under Part X of the Public Health (Scotland) Act 1897 and includes a reference to a joint port health authority constituted under that Part;
The following abbreviations are used in this Table:— 1897 = The Public Health (Scotland) Act 1897 (c. 38) 1936 = The Public Health Act 1936 (c. 49) 1956 = The Clean Air Act 1956 (c. 52) 1961 = The Public Health Act 1961 (c. 64) 1963 = The London Government Act 1963 (c. 33) 1964 = The Housing Act 1964 (c. 56) 1968 = The Clean Air Act 1968 (c. 62) 1970 c. 38 = The Building (Scotland) Act 1970 (c. 38) 1972 c. 70 = The Local Government Act 1972 (c. 70) 1973 c. 65 = The Local Government (Scotland) Act 1973 (c. 65) 1974 = The Control of Pollution Act 1974 (c. 40) 1974 c. 39 = The Consumer Credit Act 1974 (c. 39) 1975 c. 21 = The Criminal Procedure (Scotland) Act 1975 (c. 21) 1980 = The Local Government, Planning and Land Act 1980 (c. 65) 1980 c. 43 = The Magistrates' Courts Act 1980 (c. 43) 1984 c. 55 = The Building Act 1984 (c. 55) 1987 c. 26 = The Housing (Scotland) Act 1987 (c. 26) 1989 = The Control of Smoke Pollution Act 1989 (c. 17) 1989 c. 29 = The Electricity Act 1989 (c. 29) 1990 = The Environmental Protection Act 1990 (c. 43) S.I. 1974/2170 = The Clean Air Enactments (Repeals and Modifications) Regulations 1974 (S.I. 1974/2170) S.I. 1992/36 = The Clean Air (Units of Measurement) Regulations 1992 (S.I. 1992/36) R (followed by a number) = The recommendation set out in the paragraph of that number in the Appendix to the Report of the Law Commission and the Scottish Law Commission (Cm 2085).
designed solely or mainly for domestic purposes, and
Certain functions of the Minister of Housing and Local Government were transferred to the Secretary of State for Wales by the Secretary of State for Wales and Minister of Land and Natural Resources Order 1965 (S.I. 1965/319, Article 2(1), Schedule 1) and the remaining functions of that Minister were transferred to the Secretary of State by the Secretary of State for the Environment Order 1970 (S.I. 1970/1681, Article 2(1)). References to “the Minister” and “the appropriate Minister” in the Clean Air Acts 1956 and 1968 are therefore reproduced in the Bill as references to the Secretary of State.
Fines for summary offences under the enactments being consolidated (other than fines relating to continuing offences) were increased by the Criminal Justice Act 1982 (c. 48) section 38(6), (8) and (9) and section 289F of the Criminal Procedure (Scotland) Act 1975 (c. 21). In relation to summary offences all references in the enactments being consolidated to fines of specified amounts (other than those relating to continuing offences) were converted by section 46(1) of the Criminal Justice Act 1982 and section 289G(4) of the Criminal Procedure (Scotland) Act 1975 to references to fines at the corresponding level on the standard scale of fines for summary offences introduced by section 37 of the Criminal Justice Act 1982 and section 289G of the Criminal Procedure (Scotland) Act 1975. All references in the Bill to a fine of a specified level on the standard scale are derived from the operation of the enactments mentioned above. Provision Derivation 1(1) 1956 ss. 1(1). (2) 1956 s. 1 (4). (3) 1956 s. 1(2). (4) 1956 s. 1(3). (5) 1956 s. 27(1); 1974, Sch. 2 para. 19(1). (6) 1956 s. 1(1). 2(1) 1968 s. 1(1); 1989 s. 2(1). (2) 1968 s. 1(2), (3). (3) 1968 s. 1(1A); 1989 s. 2(2). (4) 1968 s. 1(4). (5) 1968 s. 1(1); 1974, Sch. 2 para. 26(a); 1968 s. 1(5). (6) (7) 1968 Sch. 1 para 9. 3 1956 s. 34(2); 1968 Sch. 1 para. 11. 4(1) 1956 s. 3(3). (2) 1956 s. 3(1). (3) 1956 s. 3(2). (4) 1956 ss. 3(1), (3), 27(2), (4); 1974, Sch. 2 para. 19(2), (4); R1. (5), (6) 1956 s. 3(4), (5). 5(1) 1968 s. 2(5). (2) 1968 s. 2(1). (3) 1968 s. 2(2). (4) 1968 s. 2(3). (5) 1968 s. 2(4). (6) 1968 s. 2(2), (4); 1974, Sch. 2 para. 26(b), (c). 6(1), (2) 1968 s. 3(1); S.I. 1992/36 reg. 3(3), (4). (3) 1968 s. 3(2). (4) 1968 s. 3(4). (5) 1968 s. 3(3); 1974, Sch. 2, para. 26(d). 7(1), (2) 1968 s. 4(1), (2). (3)—(5) 1968 s. 4(4)—(6). (6) 1968 s. 4(7); 1974 Sch. 2 para. 26(e). 8(1) 1956 s. 6(1); 1968 s. 3(5): S.I. 1992/36 reg. 2(3). (2) 1956 ss. 6(1), 27(4); 1974 Sch 2 para 19(4); R1. 9(1) 1968 s. 3(6). (2) 1956 s. 6(4); 1968 s. 3(5), (7). (3) 1956 s. 6(5); 1968 s. 3(5). 10(1) 1956 s. 7(1); 1968 s. 5(1); S.I. 1992/36 reg. 2(4), (5). (2) 1956 s. 7(2), (3); 1968 Sch. 1 para. 2. (3) 1956 s. 27(4). (4) 1968 s. 5(7). (5) 1968 s. 5(2). (6) 1956 s. 7(1) proviso. 11 1968 s. 5(3)—(6); S.I. 1992/36 reg. 3(5), (6). 12(1) 1956 s. 8(1); 1968 Sch. 1 para. 3. (2) 1956 ss. 8(2), 27(4); 1974 Sch. 2 para. 19(4). 13 1956 s. 9; 1968 Sch. 1 para. 4; R2. 14(1) 1968 s. 6(10). (2) 1968 s. 6(1). (3) 1968 s. 6(1) (4) 1968 s. 6(2). (5) 1968 s. 6(2). (6) 1968 s. 6(1), (2); 1974 Sch. 2 para. 26(f). (7) 1968 s. 6(11). 15(1) — (2)—(4) 1968 s. 6(4)—(6). (5), (6) 1968 s. 6(7). (7), (8) 1968 s. 6(8), (9). (9) 1968 s. 6(11). 16(1) 1956 s. 10(1); 1961 Sch. 1 Pt III; 1963 Sch. 11 Part I para. 31; 1968 s. 6(12). (2) 1956 s. 10(1). (3) 1956 s. 10(2), (3); 1984 c. 55 Sch. 6 para. 5. (4) 1956 s. 10(3). (5) 1956 s. 10(5); 1970 c. 38 Sch. 1 Pt II para. 5; 1973 c. 65 Sch. 15 para. 28. 17 1956 s. 16(1), (3); 1968 Sch. 1 para 5; 1989 s. 1. 18(1) 1956 s. 11(1). (2) 1956 ss. 11(3), 11(10) proviso. (3), (4) 1956 s. 11(5), (6). 19 1968 s. 8(1) to (6). 20(1) 1956 ss. 11(2). (2) 1956 s. 11(10). (3)(a) 1956 s. 11(2). (3)(b) drafting. (4) 1956 s. 11(2) proviso. (5) 1956 s.27(2); 1974 Sch. 2 para. 19(2). (6) 1956 s. 34(1). 21 1956 s. 11(4). 22(1) 1956 s. 11(7). (2) 1956 s. 11(7) proviso. (3) 1956 s. 11(9). 23(1), (2) 1968 s. 9(1), (2); 1974 Sch. 2 para. 27. (3)—(5) 1968 s. 9(3)—(5). 24(1)—(3) 1956 s. 12(2). (4) 1956 s. 12(3); 1987 c. 26 Sch. 23 para. 6(1). 25(1) drafting. (2) 1964 ss.95(1), 108(4). 26 1956 s. 15(1), (2); 1980 Sch. 2 para. 2. 27(1) 1956 s. 14(1); 1964 s. 95(9). (2) 1964 s. 95(9). (3) 1956 s. 14(1) proviso. (4) 1956 s. 15(3). 28(1) 1956 s. 14(2). (2) 1956 s. 14(2); 1974 c. 39 Sch. 4 Part I para. 15. (3) 1956 s. 15(3). 29 1956 s. 34(1); 1974 c. 39 Sch. 4 Part I para. 16. 30 1974 s. 75; The Departments (Northern Ireland) Order 1982 (S. I. 1982/846 (N. I. 11)). 31 1974 s. 76; 1990 Sch. 15 para. 15(6). 32(1) 1974 ss. 75(3)(b), 76(3)(c). (2)—(4) 1974 s. 77; 1975 c. 21 s. 289B(1); 1980 c. 43 s. 32(2). 33 1974 s. 78; S.I. 1974/2170 reg. 10; 1990 Sch. 15 para. 15(7). 34(1) 1956 s. 25; 1974 s. 79(1). (2)—(4) 1974 s. 79(5)—(7). 35(1)—(3) 1974 ss. 79(2)—(4), 84(1) (definition of “private dwelling”), 105(1) (definition of “notice”); 1990 Sch. 15 para. 15(8). (4), (5) 1974 s. 79(8). (6) 1974 s. 79(9). 36 1974 ss. 80, 84(1) (definition of “private dwelling”), 105(1) (definitions of “notice” and “regulations”); 1990 Sch. 15 para. 15(9). 37 1974 s. 81. 38 1974 s. 82. 39 1974 s. 83. 40(a), (b) 1974 s. 84(2), (3). 41 1956 s. 16A; 1968 s. 11A; 1990 Sch. 15 paras. 6, 12. 42(1), (2) 1956 s. 18(1). (3) 1956 ss. 18(1), 27(4) proviso; 1974 Sch. 2 para. 19(4). (4) 1956 s. 18(2); 1968 Sch. 1 para. 1; 1990 Sch. 15 para. 7(1). (5) 1956 s. 18(5); 1990 Sch. 15 para. 7(2). (6) 1956 s. 18(4). 43(1), (2) 1956 s. 19(1). (3) 1956 s. 19(2). (4) 1956 s. 27(4); 1974 Sch. 2 para. 19(3). (5) 1956 s. 19(3); 1968 Sch. 1 para. 1. 44(1), (2) 1956 s.20(1); 27(1) (3) 1956 s. 20(2). (4), (5) 1956 s. 20(3). (6) 1956 s. 20(4); 1968 Sch. 1 para. 1. 45(1) 1956 s. 21(1); 1968 Sch. 1 para. 6.; 1990 Sch. 15 para. 7(3). (2) 1956 s. 21(2). 46 1956 s. 22; Defence (Transfer of Functions) (No.1) Order 1964 (S.I. 1964/488) Sch. 1 Part I; 1968 Sch. 1, para. 1. 47 1968 ss. 7, 7A; 1990 s. 85. 48 1974 s. 102(1). 49 1956 ss. 26, 27(3); 1968 Sch. 1 para. 1; 1974 s. 94, Sch. 2 para. 19(3); R3. 50(1) 1956 s. 27(4); 1974 Sch. 2 para. 19(4). (2) 1956 s. 27(4) proviso; 1974, Sch.2, para.19(4). (3) 1936 s. 297; 1956 s. 31, Sch. 3 para. 2. 51(1), (2) 1956 s. 30(1); 1968 Sch. 1 para. 9; 1974 Sch.3 para. 16(1). (3) 1956 s.30(2); 1968, Sch.1, para.9; 1974, Sch.3, para.16(2). 52 1974 s. 87(1); R4. 53 1974 s. 87(2); R4. 54 1956 s. 28; 1968 Sch. 1 para. 1. 55(1) 1956 s. 29(1); 1961 Sch. 1 Part III; 1968 Sch. 1 para. 1; R5. (2) 1956 s. 29(2); 1968 Sch. 1 para. 8. (3) 1956 s. 29(3); 1968 Sch. 1 para. 1. 56 1897 s. 18; 1936 s. 287; 1956 s. 31(1), Sch. 3 para. 1, Part III; 1974 s. 91; R6. 57 1897 s. 18; 1936 ss. 287(3), 288; 1956 s. 31(1); 1974 s. 92; R6. 58 1974 s. 93. 59 1936 s. 318; 1956 s. 31(1); 1974 s. 96; R7. 60 1936 ss. 322, 324, 325; 1956 s. 31(1); 1968 s. 8(7); 1974 s. 97; R8. 61 1956 s. 31(1), (3), (4), (6); 1968 Sch. 1 para. 1; R9. 62(1) 1956 s. 31(1); 1968 Sch. 1 para. 1. (2) 1956 s. 31(7), Sch. 3 Part III; 1968 Sch. 1 para. 1; 1987 c. 26 Sch. 23 para. 6(2), (3). 63(1) 1956 s. 33(1); 1968 s. 12(1); R10. (2) 1956 s. 33(1); 1968 s. 12(2). (3) 1956 s. 33(1). 64(1) 1936 s. 343(1); 1956 ss. 31(1), 34(1); 1961 Sch. 1 Part III; 1968 s. 13(1), Sch. 1 para. 10; 1972 c. 70 s. 180(1), (3)(f); 1973 c. 65 Sch. 27 Part II para. 128; 1974 s. 84(1); S.I. 1992/36 regs. 2(2), 3(2); R11. (2) 1956 s. 34(3). (3) 1968 s. 13(2). (4) 1956 s. 34(4); 1974 ss. 30(1), 84(1), R12. (5) 1956 s. 34(6). (6) 1956 s. 34(7); 1968 Sch. 1 para. 12. 65 1974 s. 107. 66 1956 s. 17. 67 — 68(1), (2) — (3) 1956 s. 36; 1968 s. 15(6). Sch. 1 1956 Sch. 1; 1980 Sch. 2, para. 5. Sch. 2 para. 1(1)—(4) 1956 s. 12(1); 1980 Sch. 2, para. 2. (5), (6) 1964 ss. 95(4)(a), 108(4). para. 2 1964 s. 95(2). para. 3(1), (2) 1964 s. 95(2); 1968 s. 10(5). (3) 1964 s. 95(3), (10)(b). (4) 1964 s. 95(4)(b). (5) 1964 s. 95(2), (3). para. 4(1) 1956 s.13(1). (2) 1956 s. 13(2); 1964 s. 95(7), (8). (3) 1964 s. 95(7). Sch. 3 Part I para. 1 1968 s. 11(6), (7). paras. 2, 3 1968 s. 11(1), (3). para. 4 1968 s. 11(3). para. 5 1968 s. 11(4). para. 6 1956 s. 29(1), proviso para. (a). Part II para. 7 1974 s. 76(4)(a). para. 8 1974 s. 78(1). para. 9 1974 s. 79(4). para. 10 1974 s. 80(3). para. 11 1974 s. 84(1). Sch. 4 — Sch. 5 Part I paras. 1-5 — Part II para. 6(1) 1968 s. 3(4); Clean Air Act 1968 (Commencement No. 2) Order 1969 (S.I. 1969/995); Clean Air Act 1968 (Commencement No. 2)(Scotland) Order 1969 (S.I. 1969/1006). (2), (3) 1956 s. 6(2); Clean Air Act 1956 (Appointed Day) Order 1958 (S.I. 1958/167); Clean Air Act 1956 (Appointed Day No. 2) (Scotland) Order 1958 (S.I. 1958/1931). para. 7 1968 s. 6(10); Clean Air Act 1968 (Commencement No. 1) Order 1968 (S.I. 1968/1922); Clean Air Act 1968 (Commencement No. 1)(Scotland) Order 1968 (S.I. 1968/1941). paras. 8, 9 1980 Sch. 2 paras. 2(b) and 5(b). para. 10 1956 s. 18(3). Part III 1956 Sch. 1 as originally enacted; 1968 s. 10(1), (2), (4). Sch. 6 —
A local authority in England must have regard to any guidance published by the Secretary of State about the exercise of the authority’s functions under this Part.
A local authority in Wales must have regard to any guidance published by the Welsh Ministers about the exercise of the authority’s functions under this Part.
For the purpose of limiting or reducing air pollution, the Secretary of State may by regulations—
impose requirements as to the composition and contents of any fuel of a kind used in motor vehicles; and
where such requirements are in force, prevent or restrict the production, treatment, distribution, import, sale or use of any fuel which in any respect fails to comply with the requirements, and which is for use in the United Kingdom.
It shall be the duty of the Secretary of State, before he makes any regulations under this section, to consult— as he considers appropriate.
such persons appearing to him to represent manufacturers and users of motor vehicles;
such persons appearing to him to represent the producers and users of fuel for motor vehicles; and
such persons appearing to him to be conversant with problems of air pollution,
Regulations under this section—
in imposing requirements as to the composition and contents of any fuel, may apply standards, specifications, descriptions or tests laid down in documents not forming part of the regulations; and
where fuel is subject to such requirements, may, in order that persons to whom the fuel is supplied are afforded information as to its composition or contents, impose requirements for securing that the information is displayed at such places and in such manner as may be prescribed by the regulations.
It shall be duty of every local weights and measures authority to enforce the provisions of regulations under this section within its area; and subsection (2) . . .of section 26 of the Trade Descriptions Act 1968 (reports and inquiries) shall apply as respects those authorities’ functions under this subsection as it applies to their functions under that Act.
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In relation to Scotland— and such regulations may apply any of the provisions of subsections (2) to (4) of section 31 of the Trade Descriptions Act 1968 (evidence by certificate).
nothing in subsection (4) authorises a local weights and measures authority to institute proceedings for an offence; and
regulations under this section may provide that certificates issued by such persons as may be specified by the regulations in relation to such matters as may be so specified shall, subject to the provisions of the regulations, be received in evidence, and be sufficient evidence, of those matters in any proceedings for an offence under regulations made under this section;
For the investigatory powers available to a local weights and measures authority for the purposes of the duty in subsection (4), see Schedule 5 to the Consumer Rights Act 2015.
In Northern Ireland it shall be the duty of the Department of Economic Development to enforce the provisions of regulations under this section; and accordingly this section shall have effect in relation to Northern Ireland with the omission of subsection (4).
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The Secretary of State shall for each financial year pay into the Consolidated Fund of Northern Ireland such sum as the Secretary of State and the Department of Economic Development for Northern Ireland may agree to be appropriate as representing the expenses incurred by that Department in enforcing the provisions of any regulations made under this section.
For the investigatory powers available to the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duty in subsection (7), see Schedule 5 to the Consumer Rights Act 2015.
For the purpose of limiting or reducing air pollution, the Secretary of State may by regulations impose limits on the sulphur content of oil fuel which is used in furnaces or engines.
It shall be the duty of the Secretary of State, before he makes any regulations in pursuance of this section, to consult— as he considers appropriate.
such persons appearing to him to represent producers and users of oil fuel;
such persons appearing to him to represent manufacturers and users of plant and equipment for which oil fuel is used; and
such persons appearing to him to be conversant with problems of air pollution,
Regulations under this section may—
prescribe the kinds of oil fuel, and the kinds of furnaces and engines, to which the regulations are to apply;
apply standards, specifications, descriptions or tests laid down in documents not forming part of the regulations; and
without prejudice to the generality of section 63(1)(a), make different provision for different areas.
It shall be the duty— but nothing in this section shall be taken to authorise a local authority in Scotland to institute proceedings for any offence.
of every local authority to enforce the provisions of regulations under this section within its area, except in relation to a furnace which is
part of a process subject to Part I of the Environmental Protection Act 1990 , or
part of an installation subject to regulation by the appropriate agency under regulations made under section 2 of the Pollution Prevention and Control Act 1999; and
of the inspectors appointed under that Part to enforce those provisions in relation to furnaces within sub-paragraph (i) of paragraph (a) above and of the appropriate agency to enforce those provisions in relation to furnaces within sub-paragraph (ii) of that paragraph;
In this section “oil fuel” means any liquid petroleum product produced in a refinery.
For the investigatory powers available to a local authority for the purposes of the duty in subsection (4)(a), see Schedule 5 to the Consumer Rights Act 2015.
In this section, “appropriate agency” means—
in relation to England, the Environment Agency;
in relation to Wales, the Natural Resources Body for Wales.
Regulations under section 30 or 31 (regulation of content of motor fuel and fuel oil) may authorise the Secretary of State to confer exemptions from any provision of the regulations.
A person who contravenes or fails to comply with any provision of regulations under section 30 or 31 shall be guilty of an offence and liable— but the regulations may in any case exclude liability to conviction on indictment or reduce the maximum fine on summary conviction.
on conviction on indictment, to a fine; and
on summary conviction, to a fine not exceeding the statutory maximum;
Regulations under section 30 or 31 shall, subject to any provision to the contrary in the regulations, apply to fuel used for, and to persons in, the public service of the Crown as they apply to fuel used for other purposes and to other persons.
A local authority shall not be entitled by virtue of subsection (3) to exercise, in relation to fuel used for and persons in that service, any power conferred on the authority by virtue of Schedule 5 to the Consumer Rights Act 2015 (investigatory powers) .
For the purpose of limiting or reducing air pollution, the Secretary of State may by regulations impose limits on the sulphur content of oil fuel which is used in furnaces or engines.
It shall be the duty of the Secretary of State, before he makes any regulations in pursuance of this section, to consult— as he considers appropriate.
such persons appearing to him to represent producers and users of oil fuel;
such persons appearing to him to represent manufacturers and users of plant and equipment for which oil fuel is used; and
such persons appearing to him to be conversant with problems of air pollution,
Regulations under this section may—
prescribe the kinds of oil fuel, and the kinds of furnaces and engines, to which the regulations are to apply;
apply standards, specifications, descriptions or tests laid down in documents not forming part of the regulations; and
without prejudice to the generality of section 63(1)(a), make different provision for different areas.
It shall be the duty— but nothing in this section shall be taken to authorise a local authority in Scotland to institute proceedings for any offence.
of every local authority to enforce the provisions of regulations under this section within its area, except in relation to a furnace which is
part of a process subject to Part I of the Environmental Protection Act 1990 ...
part of an installation subject to regulation by the Scottish Environment Protection Agency under regulations made under the Pollution Prevention and Control Act 1999 ; or
part of an activity subject to regulation by the Scottish Environment Protection Agency under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014; and
of the inspectors appointed under that Part to enforce those provisions in relation to furnaces within sub-paragraph (i) of paragraph (a) above and of the Scottish Environment Protection Agency to enforce those provisions in relation to furnaces within sub-paragraph (ii) or (iii) of that paragraph;
For the investigatory powers available to a local authority for the purposes of the duty in subsection (4)(a), see Schedule 5 to the Consumer Rights Act 2015.
In this section “oil fuel” means any liquid petroleum product produced in a refinery.
A person who burns insulation from a cable with a view to recovering metal from the cable shall be guilty of an offence unless the burning is part of ...an activity subject to regulations under section 2 of the Pollution Prevention and Control Act 1999 or section 18 of the Regulatory Reform (Scotland) Act 2014
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 local authority may—
undertake, or contribute towards the cost of, investigation and research relevant to the problem of air pollution;
arrange for the publication of information on that problem;
arrange for the delivery of lectures and addresses, and the holding of discussions, on that problem;
arrange for the display of pictures, cinematograph films or models, or the holding of exhibitions, relating to that problem; and
prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as mentioned in paragraph (d).
In acting under subsection (1)(b), a local authority shall ensure that the material published is presented in such a way that no information relating to a trade secret is disclosed, except with the consent in writing of a person authorised to disclose it.
Breach of a duty imposed by subsection (2) shall be actionable.
In any civil or criminal proceedings (whether or not arising under this Act) brought against a local authority, or any member or officer of a local authority, on the grounds that any information has been published, it shall be a defence to show that it was published in compliance with subsections (1) and (2).
Without prejudice to the generality of section 34 (research, etc. by local authorities), local authorities may obtain information about the emission of pollutants and other substances into the air— but references to premises in paragraphs (b) and (c) do not include private dwellings or caravans.
by issuing notices under section 36 (information about emissions from premises);
by measuring and recording the emissions, and for that purpose entering on any premises, whether by agreement or in exercise of the power conferred by section 56 (rights of entry and inspection); and
by entering into arrangements with occupiers of premises under which they measure and record emissions on behalf of the local authority;
A local authority shall not be entitled to exercise the power of entry mentioned in subsection (1)(b) for the purpose of measuring and recording such emissions on any premises unless— and the authority shall not be entitled to exercise that power if, during that period, the occupier gives a notice to the authority requesting it to serve on him a notice under section 36.
the authority has given to the occupier of the premises a notice in writing—
specifying the kind of emissions in question and the steps it proposes to take on the premises for the purpose of measuring and recording emissions of that kind; and
stating that it proposes to exercise that power for that purpose unless the occupier requests the authority to serve on him a notice under section 36 (information about emissions from premises) with respect to the emissions; and
the period of twenty-one days beginning with the day on which the notice was given has expired;
Nothing in this section shall authorise a local authority to investigate emissions from any process subject to Part I of the Environmental Protection Act 1990 or activity subject to regulations under section 2 of the Pollution Prevention and Control Act 1999 or section 18 of the Regulatory Reform (Scotland) Act 2014 otherwise than—
by issuing notices under section 36; or
by exercising the powers conferred on the authority by section 34(1)(a) (investigation and research etc.) without entering the premises concerned.
So long as a local authority exercises any of its powers under subsection (1), it shall from time to time consult the persons mentioned in subsection (5)—
about the way in which the local authority exercises those powers (under this section and section 36); and
about the extent to which, and the manner in which, any information collected under those powers should be made available to the public.
The consultations required by subsection (4) shall be with— as appear to the authority to be appropriate.
such persons carrying on any trade or business in the authority’s area or such organisations appearing to the authority to be representative of those persons; and
such persons appearing to the authority to be conversant with problems of air pollution or to have an interest in local amenity,
The consultations shall take place as the authority think necessary, but not less than twice in each financial year.
A local authority may by notice in writing require the occupier of any premises in its area to furnish, whether by periodical returns or by other means, such estimates or other information as may be specified or described in the notice concerning the emission of pollutants and other substances into the air from the premises.
This section does not apply to premises in so far as they consist of a private dwelling or a caravan.
If the notice relates to a process subject to Part I of the Environmental Protection Act 1990, the person on whom the notice is served shall not be obliged to supply any information which, as certified by an inspector appointed under that Part, is not of a kind which is being supplied to the inspector for the purposes of that Part.
If the notice relates to an installation subject to regulations made under section 2 of the Pollution Prevention and Control Act 1999 or to an activity subject to regulation by the Scottish Environment Protection Agency under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014 , the person on whom the notice is served shall not be obliged to supply any information which, as certified by the Scottish Environment Protection Agency, is not of a kind which is being supplied to it for the purposes of those regulations.
The person on whom a notice is served under this section shall comply with the notice within six weeks of the date of service, or within such longer period as the local authority may by notice allow.
If the notice relates to an installation subject to regulation by the appropriate agency under regulations made under section 2 of the Pollution Prevention and Control Act 1999, the person on whom the notice is served shall not be obliged to supply any information which, as certified by the appropriate agency , is not of a kind which is being supplied to the appropriate agency for the purposes of those regulations.
A notice under this section shall not require returns at intervals of less than three months, and no one notice (whether or not requiring periodical returns) shall call for information covering a period of more than twelve months.
Except so far as regulations made by the Secretary of State provide otherwise, this section applies to premises used for, and to persons in, the public service of the Crown as it applies to other premises and persons.
A local authority shall not be entitled by virtue of subsection (6) to exercise, in relation to premises used for and persons in the public service of the Crown, any power conferred on the authority by virtue of sections 56 to 58 (rights of entry and other local authority powers).
A person who— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
fails without reasonable excuse to comply with the requirements of a notice served on him in pursuance of this section; or
in furnishing any estimate or other information in compliance with a notice under this section, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular,
Where a person is convicted of an offence under subsection (8) in respect of any premises and information of any kind, nothing in section 35(2) (limits on exercise of power of entry) shall prevent a local authority from exercising the power of entry there mentioned for the purpose of obtaining information of that kind in respect of the premises.
A person served with a notice under section 36 (information about air pollution), or any other person having an interest in the premises to which the notice relates, may appeal to the Secretary of State—
on the ground that the giving to the authority or the disclosure to the public of all or part of the information required by the notice would—
prejudice to an unreasonable degree some private interest by disclosing information about a trade secret; or
be contrary to the public interest; or
on the ground that the information required by the notice is not immediately available and cannot readily be collected or obtained by the recipient of the notice without incurring undue expenditure for the purpose.
If the Secretary of State allows the appeal he may direct the local authority to withdraw or modify the notice, or to take such steps as he may specify to ensure that prejudicial information is not disclosed to the public; and it shall be the duty of the authority to comply with the direction.
The Secretary of State may make regulations as to appeals under this section, including regulations about the time for bringing an appeal and the circumstances in which all or any part of the appellant’s case is to be withheld from the respondent.
It shall be the duty of the Secretary of State, before he makes any regulations under subsection (3), to consult— as he considers appropriate.
such persons appearing to him to represent local authorities;
such persons appearing to him to represent industrial interests; and
such persons appearing to him to be conversant with problems of air pollution,
The Secretary of State shall by regulations prescribe the manner in which, and the methods by which, local authorities are to perform their functions under sections 34(1)(a) and (b), 35 and 36 (investigation and research etc. into, and the obtaining of information about, air pollution).
It shall be the duty of the Secretary of State, before he makes regulations under this section, to consult— as he considers appropriate.
such persons appearing to him to represent local authorities;
such persons appearing to him to represent industrial interests; and
such persons appearing to him to be conversant with problems of air pollution,
Regulations under this section may in particular—
prescribe the kinds of emissions to which notices under section 36 (power to require information about air pollution) may relate;
prescribe the kinds of information which may be required by those notices;
prescribe the manner in which any such notice is to be given, and the evidence which is to be sufficient evidence of its having been given, and of its contents and authenticity;
require each local authority to maintain in a prescribed form a register containing—
information obtained by the authority by virtue of section 35(1) (powers of local authorities to obtain information), other than information as to which a direction under section 37(2) (appeals against notices under section 36) provides that the information is not to be disclosed to the public; and
such information (if any) as the Secretary of State may determine, or as may be determined by or under regulations, with respect to any appeal under section 37 against a notice served by the authority which the Secretary of State did not dismiss;
specify the circumstances in which local authorities may enter into arrangements with owners or occupiers of premises under which they will record and measure emissions on behalf of the local authorities; and
specify the kinds of apparatus which local authorities are to have power to provide and use for measuring and recording emissions, and for other purposes.
Regulations made by virtue of subsection (3)(b) may in particular require returns of—
the total volume of gases, whether pollutant or not, discharged from the premises in question over any period;
the concentration of pollutant in the gases discharged;
the total of the pollutant discharged over any period;
the height or heights at which discharges take place;
the hours during which discharges take place; or
the concentration of pollutants at ground level.
A register maintained by a local authority in pursuance of regulations made by virtue of subsection (3)(d) shall be open to public inspection at the principal office of the authority free of charge at all reasonable hours, and the authority shall afford members of the public reasonable facilities for obtaining from the authority, on payment of reasonable charges, copies of entries in the register.
The Secretary of State may, for the purpose of obtaining information about air pollution, direct a local authority to make such arrangements as may be specified in the direction— but before giving the direction under this section the Secretary of State shall consult the local authority.
for the provision, installation, operation and maintenance by the local authority of apparatus for measuring and recording air pollution; and
for transmitting the information so obtained to the Secretary of State;
Where apparatus is provided in pursuance of a direction under this section, the Secretary of State shall defray the whole of the capital expenditure incurred by the local authority in providing and installing the apparatus.
It shall be the duty of the local authority to comply with any direction given under this section.
In this Part—
references to the emission of substances into the atmosphere are to be construed as applying to substances in a gaseous or liquid or solid state, or any combination of those states; and
“appropriate agency” means—
in relation to England, the Environment Agency;
in relation to Wales, the Natural Resources Body for Wales;
any reference to measurement includes a reference to the taking of samples.
Parts I to III shall not apply to any process which is a prescribed process as from the date which is the determination date for that process.
The “determination date” for a prescribed process is—
in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it, and
in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.
In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.
This section applies to any mine or quarry from which coal or shale has been, is being or is to be got.
The owner of a mine or quarry , or the operator of a quarry, to which this section applies shall employ all practicable means— and, if he fails to do so, he shall be guilty of an offence.
for preventing combustion of refuse deposited from the mine or quarry; and
for preventing or minimising the emission of smoke and fumes from such refuse;
A person guilty of an offence under subsection (2) shall be liable on summary conviction—
to a fine not exceeding level 5 on the standard scale; or
to cumulative penalties on continuance in accordance with section 50.
Neither the provisions of Part III of the Environmental Protection Act 1990 nor any provision of Parts I to III of this Act shall apply in relation to smoke, grit or dust from the combustion of refuse deposited from any mine or quarry to which this section applies.
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In this section, “mine”, “quarry” and “owner” have the same meaning as in the Mines and Quarries Act 1954. is to be construed in accordance with section 180 of the Mines and Quarries Act 1954 “operator”, in relation to a quarry, has the meaning given by regulation 2(1) of the Quarries Regulations 1999 (S.I. 1999/2024); “owner”, in relation to a mine, is to be construed in accordance with section 181(1) and (4) of the Mines and Quarries Act 1954; “quarry” is to be construed in accordance with regulation 3 of the Quarries Regulations 1999.
Where an activity is subject to regulations under section 2 of the Pollution Prevention and Control Act 1999 (regulation of polluting activities) or section 18 of the Regulatory Reform (Scotland) Act 2014 , Parts I to III of this Act shall not apply as from the determination date for the activity in question.
The “determination date”, for an activity, is—
in the case of an activity for which a permit or authorisation is granted, the date on which it is granted, whether in pursuance of the application, or on an appeal, of a direction to grant it;
in the case of an activity for which a permit or authorisation is refused, the date of refusal or, on appeal, of the affirmation of the refusal;
in the case of an activity that is an exempt waste operation, the date of the entry on the register maintained under paragraph 11 of Schedule 2 (exempt facilities: general) to the Environmental Permitting Regulations of an establishment or undertaking in relation to that operation.
In subsection (2)—
“exempt waste operation” has the meaning given in the Environmental Permitting Regulations;
“permit” means a permit under regulations under section 2 of the Pollution Prevention and Control Act 1999 and the reference to an appeal is a reference to an appeal under those regulations. ; and
“authorisation” means an authorisation under regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014, and the reference to an appeal is to an appeal under those regulations.
In this section—
Section 1(prohibition of emissions of dark smoke) shall apply in relation to railway locomotive engines as it applies in relation to buildings.
In the application of section 1 to such engines, for the reference in subsection (1) of that section to the occupier of the building there shall be substituted a reference to the owner of the engine.
The owner of any railway locomotive engine shall use any practicable means there may be for minimising the emission of smoke from the chimney on the engine and, if he fails to do so, he shall, if smoke is emitted from that chimney, be guilty of an offence.
A person guilty of an offence under subsection (3) shall be liable on summary conviction—
to a fine not exceeding level 5 on the standard scale; or
to cumulative penalties on continuance in accordance with section 50.
Except as provided in this section, nothing in Parts I to III applies to smoke, grit or dust from any railway locomotive engine.
Section 1 (prohibition of emissions of dark smoke) shall apply in relation to vessels in waters to which this section applies as it applies in relation to buildings.
In the application of section 1 to a vessel— and a person guilty of an offence under that section in relation to a vessel shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
for the reference in subsection (1) of that section to the occupier of the building there shall be substituted a reference to the owner of, and to the master or other officer or person in charge of, the vessel;
references to a furnace shall be read as including references to an engine of the vessel; and
subsection (5) of that section shall be omitted;
For the purposes of this Act a vessel in any waters to which this section applies which are not within the district of any local authority shall be deemed to be within the district of the local authority whose district includes that point on land which is nearest to the spot where the vessel is.
A smoke control order made under section 18 by a local authority in England may provide for vessels which are moored in the smoke control area to be subject to the operation of Schedule 1A.
The waters to which this section applies are—
all waters not navigable by sea-going ships; and
all waters navigable by sea-going ships which are within the seaward limits of the territorial waters of the United Kingdom and are contained within any port, harbour, river, estuary, haven, dock, canal or other place so long as a person or body of persons is empowered by or under any Act to make charges in respect of vessels entering it or using facilities in it.
For the purposes of a smoke control order which so provides—
any reference in Part 3 and in section 54 to a building is to be read with any necessary modifications as a reference to such a vessel, but
references in sections 24 and 25 to dwellings do not include such vessels.
In subsection (4) “charges” means any charges with the exception of light dues, local light dues and any other charges payable in respect of lighthouses, buoys or beacons and of charges in respect of pilotage.
In subsection (2A) the reference to vessels which are moored includes a vessel which is unmoored but which is stationary at a mooring place in circumstances where it might reasonably be moored.
Except as provided in this section, nothing in Parts I to III applies to smoke, grit or dust from any vessel.
If the local authority are satisfied, on the application of any person interested, that it is expedient to do so for the purpose of enabling investigations or research relevant to the problem of the pollution of the air to be carried out without rendering the applicant liable to proceedings brought under or by virtue of any of the provisions of this Act or the Environmental Protection Act 1990 mentioned below, the local authority may by notice in writing given to the applicant exempt, wholly or to a limited extent,— in each case subject to such conditions, if any, and for such period as may be specified in the notice.
any chimney from the operation of sections 1 (dark smoke), 5 (grit and dust) ... and 43 (railway engines) of this Act and Part III of the Environmental Protection Act 1990 (statutory nuisances);
any furnace, boiler or industrial plant from the operation of section 4(2) (new furnaces to be as far as practicable smokeless);
any premises from the operation of section 2 (emissions of dark smoke);
any furnace from the operation of sections 6 or 8 (arrestment plant) and 10 (measurement of grit, dust and fumes by occupier), and
the acquisition or sale of any fuel specified in the notice from the operation of section 23 section 19F (acquisition and sale of unauthorised fuel in smoke control area),
Any person who has applied to the local authority for an exemption under this section may, if he is dissatisfied with the decision of the authority on the application, appeal to the Secretary of State; and the Secretary of State may, if he thinks fit, by notice in writing given to the applicant and the local authority, give any exemption which the authority might have given or vary the terms of any exemption which they have given.
It shall be part of the functions of the local authority, in cases where it seems to them proper to do so, to report to the responsible Minister any cases of— and on receiving any such report the responsible Minister shall inquire into the circumstances and, if his inquiry reveals that there is cause for complaint, shall employ all practicable means for preventing or minimising the emission of the smoke, grit or dust or for abating the nuisance and preventing a recurrence of it, as the case may be.
emissions of dark smoke, or of grit or dust, from any premises which are under the control of any Government department and are occupied for the public service of the Crown or for any of the purposes of any Government department;
emissions of smoke, whether dark smoke or not, from any such premises which are within a smoke control area;
emissions of smoke, whether dark smoke or not, from any such premises which appear to them to constitute a nuisance to the inhabitants of the neighbourhood; or
emissions of dark smoke from any vessel of Her Majesty’s navy, or any Government ship in the service of the Secretary of State while employed for the purposes of Her Majesty’s navy, which appear to them to constitute a nuisance to the inhabitants of the neighbourhood,
Subsection (1) shall apply to premises occupied for the purposes of the Duchy of Lancaster or the Duchy of Cornwall as it applies to premises occupied for the public service of the Crown which are under the control of a Government department, with the substitution, in the case of the Duchy of Cornwall, for references to the responsible Minister of references to such person as the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall appoints.
The fact that there subsists in any premises an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a Government department or held in trust for Her Majesty for the purposes of a Government department, shall not affect the application of this Act to those premises so long as that interest is not the interest of the occupier of the premises, and this Act shall have effect accordingly in relation to the premises and that and all other interests in the premises.
Section 44 (vessels) shall, with the omission of the reference in subsection (2) of that section to the owner, apply to vessels owned by the Crown, except that it shall not apply to vessels of Her Majesty’s navy or to Government ships in the service of the Secretary of State while employed for the purposes of Her Majesty’s navy.
This Act (except Parts IV and V) shall have effect in relation to premises occupied for the service of a visiting force as if the premises were occupied for the public service of the Crown and were under the control of the Government department by arrangement with whom the premises are occupied.
In this section—
“Government ship” has the same meaning as in section 80 of the Merchant Shipping Act 1906; and
“smoke control order” means an order made by a local authority under section 18; and
The Secretary of State may by regulations— subject, in each case, to such exceptions and modifications as he thinks expedient.
apply all or any of the provisions of sections 5, 6, 7, 42(4) 43(5), 44(6) and 46(1) to fumes or prescribed gases or both as they apply to grit and dust;
apply all or any of the provisions of section 4 to fumes or prescribed gases or both as they apply to smoke; and
apply all or any of the provisions of section 11 to prescribed gases as they apply to grit and dust,
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—
a chimney of a building to which a smoke control order in England or in Wales applies, or
The Secretary of State may by regulations provide that any provision of Parts IV and V, or of this Part (apart from this section) so far as relating to those Parts, shall have effect with such modifications as are prescribed in the regulations with a view to enabling the Government of the United Kingdom to give effect to any provision made by or under any international agreement to which the Government is for the time being a party.
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—
in the performance of his duty;
in pursuance of section 34(1)(b); or
with the consent of a person having a right to disclose the information.
Where— the penalty provided by subsection (2) shall apply instead of the penalty otherwise specified for the offence.
a person is convicted of an offence which is subject to cumulative penalties on continuance in accordance with this section; and
it is shown to the satisfaction of the court that the offence was substantially a repetition or continuation of an earlier offence by him after he had been convicted of the earlier offence,
Where this subsection applies the person convicted shall be liable on summary conviction to a fine not exceeding— whichever is the greater.
level 5 on the standard scale; or
£50 for every day on which the earlier offence has been so repeated or continued by him within the three months next following his conviction of that offence,
Where an offence is subject to cumulative penalties in accordance with this section—
the court by which a person is convicted of the original offence may fix a reasonable period from the date of conviction for compliance by the defendant with any directions given by the court; and
where a court has fixed such a period, the daily penalty referred to in subsection (2) is not recoverable in respect of any day before the end of that period.
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.
an offence is being or has been committed under section 1 or 2 (prohibition of certain emissions of smoke); ...
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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.
may, if by reason of a restriction affecting his interest in the building he is unable to carry out the works without the consent of the owner of the building or some other person interested in the building and is unable to obtain that consent, apply to the county court for an order to enable the works to be carried out by him; and
may, if he considers that the whole or any proportion of the cost of carrying out the works should be borne by the owner of the building or some other person interested in the building, apply to the county court for an order directing the owner or other person to indemnify him, either wholly or in part, in respect of that cost;
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.
the provisions of Parts I to III, section 33 and Part VI; and
the provisions of this Part so far as relating to those provisions;
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—
enter upon any land or vessel for the purpose of—
performing any function conferred on the authority or that person by virtue of this Act,
determining whether, and if so in what manner, such a function should be performed, or
determining whether any provision of this Act or of an instrument made under this Act is being complied with; and
carry out such inspections, measurements and tests on the land or vessel or of any articles on it and take away such samples of the land or articles as he considers appropriate for such a purpose.
Subsection (1) above does not, except in relation to work under section 24(1) (adaptations to dwellings in smoke control area), apply in relation to a private dwelling
a private dwelling in relation to which adaptations are required under section 24(1), or
a private dwelling that is a vessel in relation to which there is a duty to make payments under section 26A(3).
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.
that admission to any land or vessel which a person is entitled to enter in pursuance of subsection (1) has been refused to that person or that refusal is apprehended or that the land or vessel is unoccupied or that the occupier is temporarily absent or that the case is one of emergency or that an application for admission would defeat the object of the entry; and
that there is reasonable ground for entry upon the land or vessel for the purpose for which entry is required,
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—
that admission to the land or vessel in pursuance of subsection (1) was sought after not less than seven days notice of the intended entry had been served on the occupier; or
that admission to the land or vessel in pursuance of that subsection was sought in an emergency and was refused by or on behalf of the occupier; or
that the land or vessel is unoccupied; or
that an application for admission to the land or vessel would defeat the object of the entry.
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—
any reference to a justice of the peace shall be construed as including a reference to the sheriff; and
in subsection (3) for “on sworn information in writing” there is substituted “ by evidence on oath ”.
This section does not apply in relation to—
a function conferred on a local authority by Part 4, or
a provision of an instrument made under that Part.
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.
the exercise by a person authorised by the authority of any of the powers conferred on the person so authorised by virtue of section 56 or this section; or
the failure of a person so authorised to perform the duty imposed on him by subsection (4),
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.
fails without reasonable excuse to comply with the requirements of a notice served on him in pursuance of this section; or
in furnishing any information in compliance with such a notice, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular,
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.
declaring the authority to be in default; and
directing the authority to perform such of their functions as are specified in the order;
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—
the expenses shall be defrayed by the authority in the like manner, and shall be debited to the like account, as if the functions had not been transferred and the expenses had been incurred by the authority in performing them; and
the authority shall have the like powers for the purpose of raising any money required for the purpose of paragraph (a) as the authority would have had for the purpose of raising money required for defraying expenses incurred for the purposes of the functions in question.
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—
to discharge their functions under section 18 (declaration of smoke control areas);
to submit proposals to the Secretary of State in pursuance of a direction under subsection (1) of section 19 (Secretary of State’s power to require creation of smoke control area); or
to perform a duty imposed on them by or by virtue of subsection (4) or (6) of that section.
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.
the smoke control area may be the whole of the districts of those authorities or any part of those districts;
the references in section 18, Schedule 1 and paragraph 1 of Schedule 2 and Schedule 1 to the local authority shall be read as references to the local authorities acting jointly;
the reference in paragraph 1 of Schedule 1 to a place in the district of the local authority shall be construed as a reference to a place in each of the districts of the local authorities;
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 reference in this Act to a local authority or its district includes, in relation to those functions, rights or liabilities, a reference to the port health authority or board or its district;
for the purposes of this Act, no part of the district of any such port health authority or board is to be treated, in relation to any matter falling within the competence of the authority or board, as forming part of the district of any other authority.
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 England and Wales, as may from time to time be agreed by those authorities; or
in Scotland, as may from time to time be so agreed or, in default of agreement, determined by the Secretary of State.
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.
declaring the authority to be in default; and
directing the authority to perform such of their functions as are specified in the order;
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—
the expenses shall be defrayed by the authority in the like manner, and shall be debited to the like account, as if the functions had not been transferred and the expenses had been incurred by the authority in performing them; and
the authority shall have the like powers for the purpose of raising any money required for the purpose of paragraph (a) as the authority would have had for the purpose of raising money required for defraying expenses incurred for the purposes of the functions in question.
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—
to discharge their functions under section 18 (declaration of smoke control areas);
to submit proposals to the SEPA in pursuance of a direction under subsection (1) of section 19 (SEPA’s power to require creation of smoke control area); or
to perform a duty imposed on them by or by virtue of subsection (4) or (6) of that section.
In this section “functions”, in relation to an authority, means functions conferred on the authority by virtue of this Act.
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—
the following enactments shall have effect in relation to the provisions of this Act (apart from Parts IV and V) as if those provisions were provisions of the Act in which that enactment is comprised—
in the Public Health (Scotland) Act 1897, section 161 (joint owners) and section 164 (compensation); and
in the Housing (Scotland) Act 1987, section 131 and Schedule 9 (charging orders), section 319 (penalty for preventing execution of works), section 325 (furnishing information for service of documents), section 329 (default powers), section 330 (form of notices) and section 336 (limitation on liability of trustee);
for the purposes of the application of section 329 of the Housing (Scotland) Act 1987 by virtue of paragraph (a) above, subsections (1) and (3) of section 196 of the Housing (Scotland) Act 1966 shall apply to section 329 as they originally applied to the provisions which it re-enacted;
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section 319 of that Act (penalty for preventing execution of works) shall have effect as if subsection (1) of that section included a reference to this Act (apart from Parts IV and V) and as if sub-paragraphs (b) and (c) were omitted.
Any power of the Secretary of State under this Act to make an order or regulations—
includes power to make different provision in the order or regulations for different circumstances;
includes power to make such incidental, supplemental and transitional provision as the Secretary of State considers appropriate; and
is exercisable by statutory instrument except in the case of the powers conferred by sections 19(4) and 60 and paragraph 3 of Schedule 3.
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 an order under section 19C ... 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.
In this Act, except so far as the context otherwise requires,—
“building regulations” means, as respects Scotland, any statutory enactments, byelaws, rules and regulations or other provisions under whatever authority made, relating to the construction, alteration or extension of buildings;
the doing of any other specified act by any party to the agreement; and
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.
Parts IV and V, and this Part so far as relating to those Parts, shall have effect in their application to the Isles of Scilly with such modifications as the Secretary of State may by order specify.
Until the coming into force of the repeal by the Environmental Protection Act 1990 of the Alkali, &c. Works Regulation Act 1906—
Part I of Schedule 3 shall have effect;
this Act shall have effect subject to the modifications in Part II of that Schedule; and
the Alkali, &c. Works Regulation Act 1906 shall continue to have effect as amended by Schedule 2 to the Clean Air Act 1956 notwithstanding the repeal by this Act of the last-mentioned Act.
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.
section 30;
section 32 so far as it relates to regulations under section 30; and
section 67(3) and Schedule 6, so far as they relate to the repeal of sections 75 and 77 of the Control of Pollution Act 1974;
Section 18(4).
Before making a smoke control order the local authority shall publish in the London Gazette and once at least in each of two successive weeks in some newspaper circulating in the area to which the order will relate a notice—
stating that the local authority propose to make the order, and its general effect;
specifying a place in the district of the local authority where a copy of the order and of any map or plan referred to in it may be inspected by any person free of charge at all reasonable times during a period of not less than six weeks from the date of the last publication of the notice; and
stating that within that period any person who will be affected by the order may by notice in writing to the local authority object to the making of the order.
Besides publishing such a notice, the local authority shall post, and keep posted throughout the period mentioned in paragraph 1(b), copies of the notice in such number of conspicuous places within the area to which the order will relate as appear to them necessary for the purpose of bringing the proposal to make the order to the notice of persons who will be affected.
If the local authority is in Wales, it must also publish the notice electronically and keep it published throughout the period mentioned in paragraph 1(b).
If an objection is duly made to the local authority within the period mentioned in paragraph 1(b), and is not withdrawn, the local authority shall not make the order without first considering the objection.
The requirement in paragraph 1A to publish the notice electronically is a requirement to publish the notice on the local authority’s website, if it has one.
Subject to paragraphs 5 and 6, an order shall come into operation on such date not less than six months after it is made as may be specified in it.
An order varying a previous order so as to exempt specified buildings or classes of building or specified fireplaces or classes of fireplace from the operation of Schedule 1A (penalty for emission of smoke in England or Wales) may come into operation on, or at any time after, the date on which it is made.
If, before the date on which the order is to come into operation, the local authority— the order shall, unless its coming into operation is again postponed under this paragraph, come into operation on the date specified in the resolution.
pass a resolution postponing its coming into operation; and
publish a notice stating the effect of the resolution in the London Gazette and once at least in each of two successive weeks in some newspaper circulating in the area to which the order will relate,
In the application of this Schedule to Scotland, for any reference to the London Gazette there shall be substituted a reference to the Edinburgh Gazette.
When a local authority in England has made an order, the authority must—
inform the Secretary of State that it has done so, and
provide the date on which the order is to come, or came, into operation.
When a local authority in Wales has made an order, the authority must—
inform the Welsh Ministers that it has done so, and
provide the date on which the order is to come, or came, into operation.
Section 25(1).
This paragraph applies if, after the making of a smoke control order by a local authority, the owner or occupier of, or any person interested in, an old private dwelling which is or will be within a smoke control area as a result of the order incurs relevant expenditure. For the purposes of this paragraph “relevant expenditure” is expenditure on adaptations in or in connection with an old private dwelling to avoid contraventions of section 20 (prohibition of smoke emissions in smoke control area) which— If the adaptations in question are carried out to the satisfaction of the local authority, the local authority— Where relevant expenditure is incurred by the occupier of a private dwelling who is not an owner of the dwelling and the adaptations in question consist of or include the provision of any cooking or heating appliance which can be readily removed from the dwelling without injury to itself or the fabric of the dwelling, the following provisions shall have effect as respects so much of the expenditure as represents the cost of the appliance, that is to say— The approval of a local authority to the incurring of expenditure may be given for the purposes of this paragraph, if the authority think fit in the circumstances of any particular case, after the expenditure has been incurred. This paragraph has effect subject to paragraph 4.
For the purposes of this Schedule, an appliance is unsuitable for installation in any area or (as the case may be) in any district or part of Great Britain if it tends, by reason of its consumption of fuel (of whatever kind) or its consumption of fuel at times when it is generally used, to impose undue strain on the fuel resources available for that area, district or part.
Sub-paragraph (2) applies if— the authority pass a resolution designating any class of heating appliance as being, in their opinion, unsuitable for installation in that area. No payment shall be made by the authority under paragraph 1 in respect of expenditure incurred in providing, or in executing works for the purpose of the installation of, any heating appliance of the class designated by the resolution in or in connection with a dwelling within the area to which the order relates. No payment shall be made under paragraph 1 by a local authority in respect of expenditure incurred in providing, or in executing works for the purpose of the installation of, any heating appliance which, when the expenditure was incurred, fell within any class of appliance for the time being designated for the purposes of this paragraph by the Secretary of State as being in his opinion— unless the approval of the local authority in respect of that expenditure was given for the purposes of paragraph 1 at a time when the appliance in question did not fall within any class of appliance so designated. Retrospective approval of expenditure may only be given by a local authority by virtue of paragraph 1(5) in the case of expenditure incurred in providing, or in executing works for the purpose of the installation of, a heating appliance, if the appliance— fall within a class of appliance for the time being designated by the Secretary of State for the purposes of this paragraph as regards the district of that authority or generally. In accordance with the preceding provisions of this Schedule, expenditure within sub-paragraph (3) or (4) shall be left out of account for the purposes of paragraph 1.
The Secretary of State may, out of money provided by Parliament, make a contribution towards the following expenses, of any local authority (if approved by him), that is to say— A contribution under this paragraph in respect of any expenses shall be a single payment equal— In sub-paragraph (2)(c), “the recoverable amount” means, in relation to any expenses, the fraction of those expenses (whether three-tenths or some smaller fraction determined by the local authority, in the case of those expenses, under section 24(2) or (3)) which the local authority have power to recover from the occupier or owner by virtue of section 24(2) or (3).
Section 66(1)
In this Part of this Schedule— The Secretary of State may from time to time determine how much of any work mentioned in sub-paragraph (1) is or will be directly concerned as there mentioned and his determination shall, until revoked or varied by him, be conclusive.
Subject to paragraphs 3 and 4, Parts I to III of this Act shall not apply to any work subject or potentially subject to the Alkali Act.
If, on the application of the local authority, the Secretary of State is satisfied that in all the circumstances it is expedient to do so, he may by order exclude the application of paragraph 2 to the whole or any specified part of any work subject or potentially subject to the Alkali Act.
While, by virtue of an order under paragraph 3 above, paragraph 2 is excluded from applying to any work or to any specified part of any work—
in any proceedings brought under section 1, 2 or 20 in respect of the emission of smoke from the work or (as the case may be) from the specified part of the work it shall be a defence to prove that the best practicable means had been employed to prevent or minimise the alleged emission;
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Any order made under paragraph 3 may be varied or revoked by a subsequent order of the Secretary of State.
Nothing in section 55 shall be taken as extending to the enforcement of any of the provisions of the Alkali Act.
In section 31(4)—
in paragraph (a), after “1990” there is inserted “ or a work subject to the Alkali Act ”; and
for paragraph (b) there is substituted—.
In section 33(1), after “1990” there is inserted “ or the place at which he does so is a work registered in pursuance of section 9 of the Alkali, &c. Works Regulation Act 1906 ”.
In section 35(3), after “1990” there is inserted “ or any work subject to the Alkali Act ”.
In section 36, after subsection (3) there is inserted—
At the end of section 40 there is inserted— “ and “the Alkali Act” means the Alkali, &c. Works Regulation Act 1906 and “a work subject to the Alkali Act” means a work registered under section 9 of the Alkali Act, excluding the whole or part of such a work while the work or part is the subject of an order made or treated as made under paragraph 3 of Schedule 3 to this Act. ”
Section 67(1).
Section 80(1) of the Health and Safety at Work etc. Act 1974 shall apply to provisions in this Act which re-enact provisions previously contained in an Act passed before or in the same Session as that Act as it applies to provisions so contained.
In section 96(1) of the Control of Pollution Act 1974 after “pollution” there is inserted “ other than air pollution ”.
In section 7(4) of the Public Health (Control of Disease) Act 1984 for paragraph (e) there is substituted—.
In section 79(7) of the Environmental Protection Act 1990—
for “the Clean Air Act 1956 or the Clean Air Act 1968” there is substituted “ the Clean Air Act 1993 ”; and
for “section 34(2) of the Clean Air Act 1956” there is substituted “ section 3 of the Clean Air Act 1993 ”.
In the Schedule to the Atomic Weapons Establishment Act 1991 after paragraph 10A there is inserted—
In Schedule 3 to the Radioactive Substances Act 1993—
for paragraph 2 there is substituted—; and
for paragraph 12 there is substituted—
Section 67(2).
The substitution of this Act for the enactments repealed by this Act does not affect the continuity of the law.
Any reference, whether express or implied, in this Act or any other enactment, instrument or document to a provision of this Act shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the enactments repealed by this Act has effect, a reference to that corresponding provision.
Any document made, served or issued after the commencement of this Act which contains a reference to any of the enactments repealed by this Act shall be construed, except so far as a contrary intention appears, as referring or, as the case may require, including a reference to the corresponding provision of this Act.
Paragraphs 2 and 3 have effect without prejudice to the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).
The repeal by this Act of a transitional provision or saving relating to the coming into force of a provision reproduced in this Act does not affect the operation of the transitional provision or saving, in so far as it is not specifically reproduced in this Act but remains capable of having effect in relation to the corresponding provision of this Act. The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings. The repeal by this Act of a saving on the previous repeal of an enactment does not affect the operation of the saving in so far as it is not specifically reproduced in this Act but remains capable of having effect.
Section 6(1) (arrestment plant for new non-domestic furnaces) does not apply to a furnace which was installed, the installation of which began or an agreement for the purchase or installation of which was entered into before 1st October 1969 (which was the day appointed for the coming into force of the enactments replaced by section 6). Subject to sub-paragraph (3), section 8(1) (arrestment plant for furnaces burning solid fuel in other cases) applies in relation to a furnace to which, by virtue of sub-paragraph (1), section 6 does not apply as it applies to a domestic furnace. Section 8(1) does not apply to a furnace which was installed, the installation of which began or an agreement for the purchase or installation of which was entered into—
Subject to sub-paragraph (2) below, section 14 (height of chimneys for furnaces) does not apply to any furnace served by a chimney the construction of which was begun or the plans for which were passed before 1st April 1969 (which was the day appointed for the coming into force of the enactments replaced by section 14). Notwithstanding sub-paragraph (1), section 14 does apply to—
In relation to any smoke control order made by a local authority under section 18 of this Act which revokes or varies an order made under section 11 of the Clean Air Act 1956 before 13th November 1980 (which was the date of the passing of the Local Government, Planning and Land Act 1980, which amended section 11 of that Act to omit the requirement that an order made by a local authority should be confirmed by the Secretary of State) the provisions of this Act mentioned in the following provisions of this paragraph shall have effect subject to the modifications there mentioned. In section 18— In section 26(1) and paragraph 1(1) of Schedule 2, for the word “making” there shall be substituted the word “ confirmation ”.
The provisions of Part III of this Schedule (which are derived from Schedule 1 to the Clean Air Act 1956 as that Schedule had effect immediately before the date mentioned in paragraph 8(1) of this Schedule) shall apply in substitution for Schedule 1 to this Act in relation to any such order; and references in this Act, as it applies in relation to any such order, to Schedule 1 to this Act or to any specified provision of that Schedule shall be read as referring to Part III of this Schedule or the corresponding provision of that Part (as the case may be).
Subsections (2) to (4) of section 42 (colliery spoilbanks) shall not apply to any deposit of refuse deposited from a mine or quarry before 5th July 1956 (the date of the passing of the Clean Air Act 1956) if at that date the deposit was not longer in use as such and was not under the control of the owner of the mine or quarry.
In this Part of this Schedule “order” means a smoke control order.
After making an order, the local authority shall publish in the London Gazette and also once at least in each of two successive weeks in some newspaper circulating in the area to which the order relates a notice—
stating that the order has been made and its general effect;
specifying a place in the district of the local authority where a copy of the order and of any map or plan referred to in the order may be inspected by any person free of charge at all reasonable times during a period of not less than six weeks from the date of the last publication of the notice; and
stating that within that period any person who will be affected by the order may by notice in writing to the Secretary of State object to the confirmation of the order.
Besides publishing a notice as required by paragraph 12 and (if relevant) paragraph 12A, the local authority who have made an order shall post, and keep posted throughout the period mentioned in that paragraph, copies of the notice in such number of conspicuous places within the area to which the order relates as appear to them necessary for the purpose of bringing the making of the order to the notice of persons affected.
If the local authority is in Wales, it must also publish the notice electronically and keep it published throughout the period mentioned in paragraph 12(b)
If no objection is duly made to the Secretary of State within the period mentioned in paragraph 12(b), or if every objection so made is withdrawn, the Secretary of State may, if he thinks fit, confirm the order either with or without modifications.
The requirement in paragraph 12A to publish the notice electronically is a requirement to publish the notice on the local authority’s website, if it has one.
In any case other than one within paragraph 14 the Secretary of State shall, before confirming the order, either— and, after considering the objection and the report of the person who held the inquiry or the person so appointed, may confirm the order with or without modifications.
cause a local inquiry to be held; or
afford to any person by whom an objection has been duly made in accordance with paragraph 12(c) and not withdrawn an opportunity of appearing before and being heard by a person appointed by him for the purpose;
Section 250(2) to (5) of the Local Government Act 1972 (summoning of witnesses and production of documents before, and costs incurred at, local government inquiries held under that section) shall apply to an inquiry held under this Part of this Schedule by the Secretary of State as they apply to inquiries held under that section.
Subject to paragraphs 18 and 19, an order when confirmed shall come into operation on such date as may be specified in the order, not being earlier than six months from the date of the confirmation.
An order varying a previous order so as to exempt specified buildings or classes of building or specified fireplaces or classes of fireplace from the operation of section 18 may come into operation on, or at any time after, the date of its confirmation.
If, before the date on which an order is to come into operation, the local authority— the order shall, unless its coming into operation is again postponed under this paragraph, come into operation on the date specified in the resolution. A local authority shall not without the consent of the Secretary of State exercise their power under sub-paragraph (1) of postponing the coming into operation of an order for a period of more than twelve months or for periods amounting in all to more than twelve months.
In the application of this Part of this Schedule to Scotland, for any reference to the London Gazette there shall be substituted a reference to the Edinburgh Gazette.
Section 67(3). Chapter Short title Extent of repeal 4 & 5 Eliz. 2 c. 52. The Clean Air Act 1956. The whole Act. 1963 c. 33. The London Government Act 1963. Section 40(4)(e).In Schedule 11, paragraphs 30 and 31. 1964 c. 56. The Housing Act 1964. Section 95. 1968 c. 62. The Clean Air Act 1968. The whole Act. 1970 c. 38. The Building (Scotland) Act 1970. In Schedule 1, paragraph 5. 1972 c. 70. The Local Government Act 1972. Section 180(3)(f). 1973 c. 65. The Local Government (Scotland) Act 1973. In Schedule 15, paragraph 28.In Schedule 27, paragraph 128. 1974 c. 39. The Consumer Credit Act 1974. In Schedule 4, paragraphs 15 and 16. 1974 c. 40. The Control of Pollution Act 1974. Sections 75 to 84.Section 103.In section 109(3), the words “75, 77”.In Schedule 2, paragraphs 19, 26 and 27.In Schedule 3, paragraph 16. 1980 c. 65. The Local Government, Planning and Land Act 1980. Section 189.In Schedule 2, paragraphs 1 to 6 and 16. 1984 c. 55. The Building Act 1984. In Schedule 5, paragraph 2.In Schedule 6, paragraph 5. 1987 c. 26. The Housing (Scotland) Act 1987. In Schedule 23, paragraphs 6 and 14. 1989 c. 17. The Control of Smoke Pollution Act 1989. The whole Act. 1990 c. 43. The Environmental Protection Act 1990. Section 85.In Schedule 15, paragraphs 6, 7, 12 and 15(6) to (9). 1991 c. 46. The Atomic Weapons Establishment Act 1991. In the Schedule, paragraphs 4 and 8(1).
In this Schedule—
This paragraph applies where a local authority is satisfied, on the balance of probabilities, that on a particular occasion smoke has been emitted from a relevant chimney within a smoke control area declared by that authority. The local authority may give to the person liable a notice under this paragraph (a “notice of intent”). A notice of intent must—
The minimum amount of a financial penalty that may be imposed under this Schedule is £175. The maximum amount of a financial penalty that may be imposed under this Schedule is £300. The relevant national authority may by regulations amend sub-paragraph (1) or (2) so as to substitute a different amount for the amount specified there. Regulations under sub-paragraph (3) may not be made by the Secretary of State unless a draft of the regulations has been laid before, and approved by resolution of, each House of Parliament. Regulations under sub-paragraph (3) may not be made by the Welsh Ministers unless a draft of the regulations has been laid before, and approved by a resolution of, Senedd Cymru.
A person to whom a notice of intent is given may, within the period of 28 days beginning with the day after that on which the notice was given— The grounds of objection referred to in sub-paragraph (1) are— Where a person objects on the ground specified in sub-paragraph (2)(c), the objection must include the name and address of the person who was the person liable on the occasion specified in the notice of intent (if known). The the relevant national authority may by regulations amend this paragraph so as to amend the grounds of objection listed in sub-paragraph (2). Before making regulations under sub-paragraph (4) the the relevant national authority must consult anyone that the the relevant national authority considers may have an interest in the proposed regulations. Regulations under sub-paragraph (4) may not be made by the Secretary of State unless a draft of the regulations has been laid before, and approved by resolution of, each House of Parliament. Regulations under sub-paragraph (4) may not be made by the Welsh Ministers unless a draft of the regulations has been laid before, and approved by resolution of, Senedd Cymru.
Where a local authority ... has given a notice of intent to a person, the authority may impose a financial penalty on the person if the local authority so decides within— If the local authority decides not to impose a financial penalty on a person, or does not decide to impose a financial penalty on the person within the period specified in sub-paragraph (1), the authority must give a notice to that person that informs the person that a financial penalty will not be imposed.
This paragraph applies where a local authority ... decides to impose a financial penalty on a person who was given a notice of intent. The local authority may impose a financial penalty by a notice given to that person (a “final notice”). A final notice must specify— The final notice must require the financial penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given.
A local authority may at any time— The power in sub-paragraph (1) is to be exercised by giving notice to the person to whom the notice of intent or final notice was given.
A person on whom a financial penalty is imposed by a final notice may, within the period of 28 days beginning with the day after that on which the notice was given, appeal against the notice to the First-tier Tribunal. The grounds for an appeal under this paragraph are that the decision to impose the financial penalty was— If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn. On an appeal under this paragraph the First-tier Tribunal may—
A financial penalty is recoverable as a civil debt due to the local authority that imposed the penalty.
A local authority may delegate to a person the exercise of any of the authority’s functions under this Schedule. A delegation under this paragraph must be made by giving notice to the person.
A notice under this Schedule must be in writing. A notice under this Schedule may be given to a person by—
This paragraph applies in relation to a vessel which is moored in a smoke control area in England and is subject to the operation of this Schedule (see section 44). If the local authority is unable to give a notice of intent to the occupier of the vessel who is not the registered owner of the vessel, the local authority may give the notice to the registered owner of the vessel instead. In such a case, the ground for objecting to the proposed financial penalty mentioned in paragraph 4(2)(c) does not apply. Where a notice of intent is given to a person in respect of a vessel, that person may object under paragraph 4 on the further ground that, on the occasion specified in the notice, the emission of smoke was solely due to the use of the vessel’s engine to propel the vessel or to provide electric power to the vessel.