Clean Air Act 1993

Smoke nuisances in Scotland

17 Abatement of smoke nuisances in Scotland

(1) Smoke other than—

(a) smoke emitted from a chimney of a private dwelling in a smoke control area;

(b) dark smoke emitted from a chimney of a building or from a chimney serving the furnace of any fixed boiler or industrial plant; or

(c) dark smoke emitted otherwise than as mentioned in paragraph (b) from industrial or trade premises within the meaning of section 2,

shall, if it is a nuisance to the inhabitants of the neighbourhood, be deemed for the purposes of the [1897 c. 38.] Public Health (Scotland) Act 1897 to be a nuisance liable to be dealt with summarily in manner provided by that Act.

(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 [1897 c. 38.] 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.

(3) This section extends to Scotland only.