Alkali, &c. Works Regulation Act 1906
1906 c.14
An Act to consolidate and amend the Alkali, &c. Works Regulation Acts 1881 and 1892.
This Act is not necessarily in the form in which it has effect in Northern Ireland
Act repealed (E.W.S.) (1.12.1994 for specified purposes and otherwise 16.12.1996 insofar as it extends to England and Wales and otherwiseprosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), Sch. 16 Pt. I; S.I. 1994/2854, art. 2; 1996/3056, art. 2
Act amended by S.I. 1990/1380, regs. 3, 4
Act: saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv), Sch. Pt. VII s. 62
Act continued (27.8.1993) (until the commencement of the repeal of this Act by 1990 c. 43, s. 162(2), Sch. 16 Pt. I) by virtue of 1993 c. 11, ss. 66(1)(c)(2), 68(2)
Act: Functions transferred (E.W.) (1.4.1996) by 1995 c. 25, s. 2(1)(f) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Act: Functions transferred (S.) (12.10.1995) by 1995 c. 25, s. 21(1)(f) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2(b)
Act modified (1.2.1996) by 1995 c. 25, s. 5(5)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
Act modified (1.4.1996) by 1995 C. 25, S. 33(5)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Part I Alkali Works and Alkali Waste
1 Condensation of F1hydrochloric acid gas in alkali works.
1
Every alkali work shall be carried on in such manner as to secure the condensation, to the satisfaction of F2the appropriate Agency, of the F1hydrochloric acid gas evolved in such work, to the extent of ninety-five per centum, and to such an extent that in each F3cubic metre of air, smoke, or chimney gases, escaping from the works into the atmosphere, there is not contained more than F30.46 gram of F1hydrochloric acid.
F4(2) The owner of any alkali work which is carried on in contravention of this section shall be guilty of an offence.
2 Prevention of discharge of noxious and offensive gas in alkali works.
1
In addition to the condensation of F5hydrochloric acid gas as aforesaid, the owner of every alkali work shall use the best practicable means for preventing the escape of noxious or offensive gases by the exit flue of any apparatus used in any process carried on in the work, and for preventing the discharge, whether directly or indirectly, of such gases into the atmosphere, and for rendering such gases where discharged harmless and inoffensive, subject to the qualification that, on the basis of the amount of acid gas per F6cubic metre, no objection shall be taken under this section by F7the appropriate Agency to any F5hydrochloric acid gas in the air, smoke, or gases discharged into the atmosphere by a chimney or other final outlet where the amount of such acid gas in each F6cubic metre of air, smoke, or gases so discharged does not exceed the amount limited by the last preceding section.
F8(2) If the owner of any alkali work fails, in the opinion of the court having cognizance of the matter, to use such means, he shall be guilty of an offence.
2AF9 Relation to Environmental Protection Act 1990, Part I.
1
The preceding provisions of this Part of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process.
2
The “determination date” for a prescribed process is—
a
in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;
b
in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.
3
In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Part II Sulphuric Acid, F13Hydrochloric Acid, and other specified Works
Word “hydrochloric” substituted for the word “muriatic” wherever it appears in the Act, by S.I. 1983/943, reg. 5(a)
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
Part III
(i) Registration of Works
C89 Registration of works, and stamp duty.
1
2
The work shall be registered in a register containing the prescribed particulars, and the register shall be conducted and the certificates issued in the prescribed manner.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
C95
A certificate of registration shall be issued on application being made in the prescribed manner by the owner of the work, if the conditions of registration are complied with, and one of the conditions, in the case of the first registration of F17an alkali work or any works specified in Schedule 1 to the Health and Safety (Emissions into the Atmosphere) Regulations 1983, or the registration of such a work if the work has been closed for a period of twelve months previously, shall be that the work is at the time of registration furnished with such appliances as appear to F18the appropriate Agency or, on appeal, to F19the Health and Safety Executive to be necessary in order to enable the work to be carried on in accordance with such of the requirements of this Act F20or of Part I of the Health and Safety at Work etc. Act 1974 as apply to the work.
F21. . .
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
F248
The owner of a work which has been carried on in contravention of this section shall be guilty of an offence.
(ii) Inspection
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27
(iii) Special Rules
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
(iv) Procedure
16 Provision as to calculation of acid.
16A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31
18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34
22 Complaint by sanitary authority in cases of nuisance.
1
Where complaint is made to the central authority by any sanitary authority, on information given by any of their officers, or any ten inhabitants of their district, that any work to which this Act applies is carried on (either within or without the district) in contravention of this Act, . . . F35, and that a nuisance is occasioned thereby to any of the inhabitants of their district, the central authority shall make such inquiry into the matters complained of, and after the inquiry may direct such proceedings to be taken by F36the appropriate Agency, as they think fit and just.
2
The sanitary authority complaining shall, if so required by the central authority, pay the expense of any such inquiry.
23 Actions in case of contributory nuisance.
1
Where a nuisance arising from the discharge of any noxious or offensive gas or gases is wholly or partially caused by the acts or defaults of the owners of several works to which any of the provisions of this Act applies, any person injured by such nuisance may proceed against any one or more of such owners, and may recover damages from each owner made a defendant in proportion to the extent of the contribution of that defendant to the nuisance, notwithstanding that the act or default of that defendant would not separately have caused a nuisance.
2
This section shall not authorise the recovery of damages from any defendant who can produce a certificate from F37the approriate Agency that in the works of that defendant the requirements of this Act have been complied with and were complied with when the nuisance arose.
(v) Miscellaneous
24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
24AF39 Relation to Environmental Protection Act 1990, Part I.
1
The preceding provisions of this Part of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process.
The “determination date” for a prescribed process is—
a
in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;
b
in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.
3
In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.
F4025. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
27 Interpretation of terms. C10
1
In this Act, unless the context otherwise requires,—
The expression “alkali work” means every work for—
- a
the manufacture of sulphate of soda or sulphate of potash, or
- b
the treatment of copper ores by common salt or other chlorides whereby any sulphate is formed,
- a
in which F42hydrochloric acid gas is evolved:
F43The expression “the appropriate Agency” means—
- a
in relation to England and Wales, the Environment Agency; and
- b
in relation to Scotland, the Scottish Environment Protection Agency:
- a
F44The expression “noxious or offensive gas” includes any substance set out in Schedule 2 to the Health and Safety (Emissions into the Atmosphere) Regulations 1983
The expression “owner” includes any lessee, occupier, or any other person carrying on any work to which this Act applies;
The expression “best practicable means,” where used with respect to the prevention of the escape of noxious and offensive gases, has reference not only to the provision and the efficient maintenance of appliances adequate for preventing such escape, but also to the manner in which such appliances are used and to the proper supervision, by the owner, of any operation in which such gases are evolved:
The expression “prescribed” means prescribed by F45the Secretary of State.
. . . F46
The expression “central authority” means as regards England the F45the Secretary of State as regards Ireland the Local Government Board for Ireland, and as regards Scotland the Secretary for Scotland:
. . . F47
F48The expression “the Public Health Act” means as regards England the M1Public Health Act 1875, . . . F49; and as regards Scotland the M2Public Health (Scotland) Act 1897; and as regards Ireland the M3Public Health (Ireland) Act 1878, and includes any enactment amending those Acts.
F50. . .
F50. . .
2
Nothing in this Act shall be construed as exempting any work from any of the provisions of this Act applicable to the work as being a work of a certain class or description by reason only that the work is subject to other provisions of this Act as being a work of some other class or description.
28 Application to Scotland. C11
In the application of this Act to Scotland—
a
references to the Secretary for Scotland shall be substituted for references to the Local Government Board, and references to the Edinburgh Gazette shall be substituted for references to the London Gazette;
b
All offences under this Act shall be prosecuted and all fines under this Act shall be recovered under the provisions of F51the M4Criminal Procedure (Scotland) Act 1975: Provided that the following regulations shall have effect with respect to the prosecution of, and the recovery of fines for, offences under this Act, F52. . .:—
i
All prosecutions shall be brought before the sheriff, who may award expenses to either party, and, in default of immediate payment of the fine and expenses, may sentence the respondent to imprisonment for any period not exceeding six months;
ii
A prosecution shall not be instituted F53. . ., except as respects a fine for the contravention of the provisions of this Act as to the registration of works, after the expiration of three months from the commission of the offence;
F54iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iv
The sheriff may, on the application of either party, appoint a person to take down in writing the evidence of the witnesses, and may award to that person such remuneration as he thinks just, and the amount so awarded shall be deemed to be expenses in the proceeding;
v
All jurisdictions, powers, and authorities necessary for the purposes of this section are conferred on the sheriff;
c
. . . F55
29 Saving as to general law.
Nothing in this Act shall legalise any act or default that would, but for this Act, be deemed to be a nuisance, or otherwise be contrary to law, or deprive any person of any remedy by action, indictment, or otherwise, to which he would have been entitled if this Act had not passed.
30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56
31C12†Short title and commencement.
This Act may be cited as the Alkali, &c. Works Regulation Act 1906 . . . . F57
SCHEDULES
FIRST SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58
Sch. 1 repealed (E.W.S.) by S.I. 1983/943, reg. 7(1)(a)
F59F59SECOND SCHEDULE
S. 26, Sch. 2 repealed by Statute Law Revision Act 1927 (c. 42)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59
Act wholly in force at 1.1.1907