Part VMiscellaneous

24Application of Environmental Protection Act 1990

The Environmental Protection Act 1990 shall have effect in a borough as though—

1

in section 79 (which relates to statutory nuisances and inspections therefor)—

a

in subsection (1), after paragraph (ga) there were inserted the following paragraph:—

gb

smoke, fumes or gases emitted from any vehicle, machinery or equipment on a street so as to be prejudicial to health or a nuisance other than from any vehicle, machinery or equipment being used for fire brigade purposes;

b

after subsection (6A) there were inserted the following subsection:—

6B

Subsection (l) (gb) above does not apply in relation to smoke, fumes or gases emitted from the exhaust system of a vehicle.

c

in subsection (7), after the definition of “street” there were inserted—

“vehicle” means a mechanically propelled vehicleintended or adapted for use on roads, whether or not it is in a fit state for such use, and includes any trailer intended or adapted for use as an attachment to such a vehicle, any chassis or body, with or without wheels, appearing to have formed part of such a vehicle or trailer and anything attached to such a vehicle or trailer;

2

in section 80A (1), after “section 79 (1) (ga)” there were inserted “or (gb)”.