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Alkali, &c. Works Regulation Act 1906

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

Part IS+N.I. Alkali Works and Alkali Waste

1 Condensation of [F1hydrochloric] acid gas in alkali works.S+N.I.

(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.]

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Amendments (Textual)

F1Word “hydrochloric” substituted for the word “muriatic” wherever it appears in the Act, by S.I. 1983/943, reg. 5(a)

F2Words in s. 1(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F3Words substituted by S.I. 1983/943, reg. 6, Sch. 3

2 Prevention of discharge of noxious and offensive gas in alkali works.S+N.I.

(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.]

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Amendments (Textual)

F5Word “hydrochloric” substituted for the word “muriatic” wherever it appears in the Act, by S.I. 1983/943, reg. 5(a)

F6Words substituted by S.I. 1983/943, reg. 6, Sch. 3

F7Words in s. 2(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

[F92A Relation to Environmental Protection Act 1990, Part I.E+W+S+N.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.]

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Amendments (Textual)

3—5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10S+N.I.

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Amendments (Textual)

Part IIS+N.I. Sulphuric Acid, [F11Hydrochloric] Acid, and other specified Works

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Amendments (Textual)

F11Word “hydrochloric” substituted for the word “muriatic” wherever it appears in the Act, by S.I. 1983/943, reg. 5(a)

6—7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12S+N.I.

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Amendments (Textual)

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13S+N.I.

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Amendments (Textual)

Part IIIS+N.I.

(i)S+N.I. Registration of Works

9 Registration of works, and stamp duty.S+N.I.

(1)An alkali work, [F14or any works specified in Schedule 1 to the Health and Safety (Emissions into the Atmosphere) Regulations 1983], . . . F15 shall not be carried on unless it is certified to be registered.

(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)(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(5)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

[F24(8)The owner of a work which has been carried on in contravention of this section shall be guilty of an offence.]

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Amendments (Textual)

F14Words substituted by S.I. 1983/943, reg. 5(b)

F17Words substituted by S.I. 1983/943, reg. 5(c)(i)

F18Words in s. 9(5) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(4)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F19Words substituted by virtue of S.I. 1974/2170, Sch. 2 para. 2

F20Words inserted by S.I. 1983/943, reg. 5(c)(ii)

F21Proviso to s. 9(5) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 1(4)(b), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F23S. 9(7) repealed (except for the purposes of reg. 12(3) of S.I. 1989/318), by S.I. 1989/318, reg. 13(1) and subject to an amendment (1.4.1996) by 1995 c. 25 s. 120(1), Sch. 22 para. 1(4)(c) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C1S. 9: Functions transferred (1.4.1996) by 1995 c. 25, s. 2(2)(d) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

(ii)S+N.I. Inspection

10—12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25S+N.I.

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Amendments (Textual)

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26S+N.I.

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Amendments (Textual)

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27S+N.I.

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Amendments (Textual)

(iii)S+N.I. Special Rules

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28S+N.I.

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Amendments (Textual)

(iv)S+N.I. Procedure

16 Provision as to calculation of acid.S+N.I.

In calculating the proportion of acid to a [F29cubic metre] of air, smoke, or gases, for the purposes of this Act, such air, smoke, or gases shall be calculated at the temperature of [F2915 degrees Celsius], and at a barometric pressure of [F29one bar].

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Amendments (Textual)

F29Words substituted by S.I. 1983/943, reg. 6, Sch. 3

16A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30S+N.I.

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Amendments (Textual)

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31S+N.I.

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Amendments (Textual)

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32S+N.I.

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Amendments (Textual)

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33S+N.I.

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Amendments (Textual)

20, 21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34S+N.I.

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Amendments (Textual)

22 Complaint by sanitary authority in cases of nuisance.E+W+S+N.I.

(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.

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Amendments (Textual)

F36Words in s. 22(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

23 Actions in case of contributory nuisance.E+W+S+N.I.

(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.

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Amendments (Textual)

F37Words in s. 23(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(6) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

(v)S+N.I. Miscellaneous

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38S+N.I.

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Amendments (Textual)

[F3924A Relation to Environmental Protection Act 1990, Part I.S+N.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.]

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Amendments (Textual)

F4025. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S+N.I.

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Amendments (Textual)

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41S+N.I.

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Amendments (Textual)

27 Interpretation of terms. E+W+S+N.I.

(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,

  • 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:]

  • [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.

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Amendments (Textual)

F42Word “hydrochloric” substituted for the word “muriatic” wherever it appears in the Act, by S.I. 1983/943, reg. 5(a)

F43Definition of “the appropriate Agency” in s. 27(1) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(8)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F44Definition substituted by S.I. 1983/943, reg. 5(d)

F45Words substituted by virtue of Ministry of Health Act 1919 (c. 21), s. 3(1)(a), Sch. 1 para. 1, S.I. 1951/142 (1951 I, p. 1348), arts. 3(1), 5(2), Sch. 1 Pt. I, 1951/1900 (1951 I, p. 1347), 1965/319 arts. 2(1), 10(1), Sch. 1 Pt. I and 1970/1681, arts. 2(1), 6(3)

F48The definition of “the Public Health Act” as it applies to England and Wales, repealed by Statute Law (Repeals) Act 1989 (c. 43, s. 1(1), Sch. 1 Pt. XI

F50Definitions of “chief inspector” and “inspector” in s. 27(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 1(8)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

Marginal Citations

28 Application to Scotland. E+W+S+N.I.

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;

F54(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

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Amendments (Textual)

F52Words in s. 28(b)(i)(ii) and s. 28(b)(iii) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 1(9)(a), Sch. 24 (with ss. 7(6), 115, 177); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

Marginal Citations

29 Saving as to general law.S+N.I.

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

31†Short title and commencement.S+N.I.

This Act may be cited as the Alkali, &c. Works Regulation Act 1906 . . . . F57

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C5Unreliable marginal note

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