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Clean Air Act 1993
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- 1993 c. 11
- SCHEDULE 2
- Grants for expenditure incurred in adaptation of fireplaces
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- Act applied (with modifications) by S.I. 2011/939 art. 9 Sch. 2
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- Act modified by S.I. 2010/1217 art. 4 Sch.
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- S.S.I. 2004/404 art. 2-4 commences (2003 asp 8)
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Grants for expenditure incurred in adaptation of fireplacesE+W+S
1(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.E+W+S
(2)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—
(a)is incurred before the coming into operation of the order and with the approval of the local authority given for the purposes of this paragraph; or
(b)is reasonably incurred in carrying out adaptations required by a notice given under section 24(1) (power of local authority to require certain adaptations).
(3)If the adaptations in question are carried out to the satisfaction of the local authority, the local authority—
(a)shall repay to him seven-tenths of the relevant expenditure; and
(b)may, if they think fit, also repay to him the whole or any part of the remainder of that expenditure.
(4)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—
(a)not more than seven-twentieths of that part of that expenditure shall be repaid until two years from the coming into operation of the order; and
(b)any further repayment of that part of that expenditure shall be made only if the appliance has not by then been removed from the dwelling and, if made, shall be made to the person who is the occupier of the dwelling at the end of the two years.
(5)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.
(6)This paragraph has effect subject to paragraph 4.
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