Search Legislation

Clean Air Act 1993

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

There are multiple versions of this provision on screen. These apply to different geographical extents. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.

Changes to legislation:

Clean Air Act 1993, Section 31 is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

31 Regulations about sulphur content of oil fuel for furnaces or engines.E+W

(1)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.

(2)It shall be the duty of the Secretary of State, before he makes any regulations in pursuance of this section, to consult—

(a)such persons appearing to him to represent producers and users of oil fuel;

(b)such persons appearing to him to represent manufacturers and users of plant and equipment for which oil fuel is used; and

(c)such persons appearing to him to be conversant with problems of air pollution,

as he considers appropriate.

(3)Regulations under this section may—

(a)prescribe the kinds of oil fuel, and the kinds of furnaces and engines, to which the regulations are to apply;

(b)apply standards, specifications, descriptions or tests laid down in documents not forming part of the regulations; and

(c)without prejudice to the generality of section 63(1)(a), make different provision for different areas.

(4)It shall be the duty—

(a)of every local authority to enforce the provisions of regulations under this section within its area, except in relation to a furnace which is

[F1(i)]part of a process subject to Part I of the M1Environmental Protection Act 1990 [F1, or

(ii)part of an installation subject to regulation by the [F2appropriate agency] under regulations made under section 2 of the Pollution Prevention and Control Act 1999]; and

(b)of the inspectors appointed under that Part to enforce those provisions in relation to [F3furnaces within sub-paragraph (i) of paragraph (a) above and of the [F4appropriate agency] to enforce those provisions in relation to furnaces within sub-paragraph (ii) of that paragraph];

but nothing in this section shall be taken to authorise a local authority in Scotland to institute proceedings for any offence.

[F5(4A)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.]

(5)In this section “oil fuel” means any liquid petroleum product produced in a refinery.

[F6(6)In this section, “appropriate agency” means—

(a)in relation to England, the Environment Agency;

(b)in relation to Wales, the Natural Resources Body for Wales.]

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1Words in s. 31(4)(a) renumbered as s. 31(4)(a)(i) and s. 31(4)(a)(ii) and word inserted (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 para. 11(a)

F3Words in s. 31(4)(b) substituted (1.8.2000) by S.I 2000/1973, reg. 39, Sch. 10 para. 11(b)

Marginal Citations

31 Regulations about sulphur content of oil fuel for furnaces or engines.S

(1)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.

(2)It shall be the duty of the Secretary of State, before he makes any regulations in pursuance of this section, to consult—

(a)such persons appearing to him to represent producers and users of oil fuel;

(b)such persons appearing to him to represent manufacturers and users of plant and equipment for which oil fuel is used; and

(c)such persons appearing to him to be conversant with problems of air pollution,

as he considers appropriate.

(3)Regulations under this section may—

(a)prescribe the kinds of oil fuel, and the kinds of furnaces and engines, to which the regulations are to apply;

(b)apply standards, specifications, descriptions or tests laid down in documents not forming part of the regulations; and

(c)without prejudice to the generality of section 63(1)(a), make different provision for different areas.

(4)It shall be the duty—

(a)of every local authority to enforce the provisions of regulations under this section within its area, except in relation to a furnace which is

[F7(i)]part of a process subject to Part I of the M2Environmental Protection Act 1990 F8[F7...

(ii)part of an installation subject to regulation by the Scottish Environment Protection Agency under regulations made under the Pollution Prevention and Control Act 1999] [F9; or

(iii)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

(b)of the inspectors appointed under that Part to enforce those provisions in relation to [F10furnaces 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) [F11or (iii)] of that paragraph];

but nothing in this section shall be taken to authorise a local authority in Scotland to institute proceedings for any offence.

[F5(4A)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.]

(5)In this section “oil fuel” means any liquid petroleum product produced in a refinery.

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F7Words in s. 31(4)(a) renumbered as s. 31(4)(a)(i) and s. 31(4)(a)(ii) and word inserted (S.) (28.9.2000) by S.S.I. 2000/323, reg. 36, Sch. 10 para. 4(2)(a)

F10Words in s. 31(4)(b) substituted (S.) (28.9.2000) by S.S.I. 2000/323, reg. 36, SCh. 10 para. 4(2)(b)

Marginal Citations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources