Clean Air Act 1993

Part II Exclusion and modification of certain provisions of this Act

Requirements to fit arrestment plant: sections 6 & 8

6 (1) 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).

(2) 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.

(3) 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—

(a) in relation to a furnace in England and Wales, before 1st June 1958 (which was the day appointed as respects England and Wales for the coming into force of the enactments replaced by section 8); and

(b) in relation to a furnace in Scotland, before 15th November 1958 (which was the day so appointed as respects Scotland).

Height of chimneys for furnaces: section 14

7 (1) 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).

(2) Notwithstanding sub-paragraph (1), section 14 does apply to—

(a) any furnace the combustion space of which has been increased on or after 1st April 1969; or

(b) any furnace the installation of which was begun on or after that day and which replaces a furnace which had a smaller combustion space.

Smoke control orders

8 (1) 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 [1956 c. 52.] Clean Air Act 1956 before 13th November 1980 (which was the date of the passing of the [1980 c. 65.] 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.

(2) In section 18—

(a) in subsection (1) after the word “order” where it first appears there shall be inserted the words “confirmed by the Secretary of State”;

(b) in subsection (3), after the word “order” where it first appears there shall be inserted the words “confirmed by the Secretary of State” and at the end there shall be inserted the words “so confirmed”; and

(c) in subsection (4), after the words “to the” there shall be inserted the words “confirmation and”.

(3) In section 26(1) and paragraph 1(1) of Schedule 2, for the word “making” there shall be substituted the word “confirmation”.

9 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).

Colliery spoilbanks: section 42

10 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.