Dark Smoke
1 Prohibition of dark smoke from chimneys. C1
1
Subject to the provisions of this Act, dark smoke shall not be emitted from a chimney of any building, and if, on any day, dark smoke is so emitted, the occupier of the building shall be guilty of an offence.
2
Emissions of smoke from any chimney lasting for not longer than such periods as may be specified by the Minister by regulations shall, in such classes of case and subject to such limitations as may be so specified, be left out of account for the purposes of this section.
3
In any proceedings for an offence under this section, it shall be a defence to prove either—
a
that the contravention complained of was solely due to the lighting up of a furnace which was cold and that all practicable steps had been taken to prevent or minimise the emission of dark smoke; or
b
that the contravention complained of was solely due to some failure of a furnace or of apparatus used in connection with a furnace, that that failure could not reasonably have been foreseen, or, if foreseen, could not reasonable have been provided against, and that the contravention could not reasonable have been prevented by action taken after the failure occurred; or
c
that the contravention complained of was solely due to the use of unsuitable fuel, that suitable fuel was unobtainable, that the least unsuitable fuel which was available was used and that all practicable steps had been taken to prevent or minimise the emission of dark smoke as the result of the use thereof; or
d
that the contravention complained of was due to the combination of two or more of the causes specified in paragraphs (a) to (c) of this subsection and that the other conditions specified in those paragraphs are satisfied in relation to those causes respectively.
4
This section shall apply in relation to a chimney serving the furnace of any boiler or industrial plant (being a boiler or plant attached to a building or for the time being fixed to or installed on any land) as it applies in relation to a chimney of a building:
Provided that in relation to any such chimney as aforesaid which is not a chimney of a building, the reference in this section to the occupier of the building shall be construed as a reference to the person having possession of the boiler or plant.
2F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Smoke from furnaces
C33 Requirement that new furnaces shall be so far as practicable smokeless. C2
1
Subject to the provisions of this section, no furnace shall be installed in a building or in any boiler or industrial plant attached to a building or for the time being fixed to or installed on any land unless it is so far as practicable capable of being operated continuously without emitting smoke when burning fuel of a type for which the furnace was designed, and any person who installs a furnace in contravention of this subsection or on whose instructions a furnace is so installed shall be guilty of an offence:
Provided that this subsection shall not apply to a furnace the installation of which has been begun, or an agreement for the purchase or installation of which has been entered into, before the appointed day.
2
Any furnace installed in accordance with plans and specifications submitted to, and approved for the purposes of this section by, the local authority shall be deemed to comply with the provisions of subsection (1) of this section.
3
A furnace to which subsection (1) of this section applies shall not be installed in a building or in any such boiler or plant as is mentioned in the said subsection (1) unless notice of the proposal to install it has been given to the local authority, and any person who installs a furnace in contravention of this subsection or on whose instructions a furnace is so installed shall be guilty of an offence.
4
This section shall not apply to furnaces designed solely or mainly for use for domestic purposes, not being furnaces of boilers with a maximum heating capacity of F316.12 kilowatts or more.
5
This section shall apply in relation to the attachment to a building of a boiler or industrial plant which already contains a furnace or the fixing to or installation on any land of any such boiler or plant as it applies in relation to the installation of a furnace in any boiler or industrial plant attached to a building or for the time being fixed to or installed on any land.
4F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Grit and Dust from furnaces
5F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 Requirement that new furnaces shall be fitted with plant to arrest grit and dust. C4
C51
Subject to the provisions of this section, no furnace in any building shall be used—
a
to burn pulverised fuel; or
b
to burn, at a rate of F61.02 tonnesan hour or more, solid fuel in any other form or solid waste;
. . . F7, unless the furnace . . . F7 is provided with plant for arresting grit and dust which has been approved by the local authority or which has been installed in accordance with plans and specifications submitted to and approved by the local authority, and that plant is properly maintained and used, and if a furnace . . . F7 is used in contravention of this subsection the occupier of the building . . . F7 shall be guilty of an offence.
2
Subsection (1) of this section shall not apply to a furnace . . . F7 which has been installed, the installation of which has been begun, or an agreement for the purchase or installation of which has been entered into, before the appointed day.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
C6C74
Any person who has applied to the local authority for an approval under this section or is interested in a building . . . F7 with respect to which such an application is made may, if he is dissatisfied with the decision of the authority on the application, appeal to the Minister and the Minister may give any approval which the local authority might have given.
C65
Any approval given by the Minister . . . F9 subsection (4) of this section shall have the like effect as an approval of the local authority.
7 Measurement of grit and dust emitted from furnaces. C8
C91
If a furnace in a building is used—
a
to burn pulverised fuel; or
. . . F13 the local authority may, by notice in writing served on the occupier of the building . . . F13 direct that the provisions of subsection (2) of this section shall apply to the furnace . . . F13 and those provisions shall apply accordingly:
Provided that the local authority may, by a subsequent notice in writing served on the occupier of the building or land, revoke any direction given under this subsection, without prejudice, however, to their power to give another direction thereunder.
C112
In the case of a furnace or oven to which this subsection is applied, the occupier of the building . . . F13 shall comply with such requirements as may be prescribed by regulations made by the Minister as to—
a
b
making adaptations for that purpose to the chimney serving the furnace . . . F13;
c
providing and maintaining apparatus for making and recording the measurements; and
d
informing the local authority of the results obtained from the measurements or otherwise making those results available to them.
and if he fails so to do, he shall be guilty of an offence.
3
Regulations under subsection (2) of this section may make different provision in relation to different classes of furnace . . . F13.
8 Information about furnaces and fuel consumed. C12
C131
For the purpose of enabling the local authority properly to perform their functions under and in connection with the two last preceding sections, the local authority may, by notice in writing served on the occupier of any building . . . F15 require the occupier of the building . . . F15 to furnish them, within fourteen days or such longer time as may be limited by the notice, such information as to the furnaces . . . F15 in the building . . . F15 and the fuel or waste burned in those furnaces . . . F15 as they may reasonably require for that purpose.
2
Any person who, having been duly served with a notice under subsection (1) of this section, fails to comply with the requirements thereof within the time limited or furnishes any information in reply thereto which he knows to be false in a material particular shall be guilty of an offence.
9 Grit and dust from outdoor furnaces, &c. C14
The four last preceding sections shall apply in relation to the furnace of any boiler or industrial plant (being a boiler or plant attached to a building or for the time being fixed to or installed on any land) as they apply in relation to a furnace in a building:
Provided that—
a
in relation to a furnace which is not in a building, the references in those sections to the occupier of the building shall be construed as references to the person having possession of the boiler or plant; and
b
in relation to a furnace which is already contained in any such boiler or industrial plant, the references in subsection (2) of section six of this Act to the installation and to the purchase of a furnace shall be construed as references to attaching the boiler or plant to the building or fixing it to or installing it on any land and to purchasing it respectively.
10 Height of chimneys. C15
1
Where plans for the erection or extension of a building outside F16Greater London or in an outer London borough other than a building used or to be used wholly for one or more of the following purposes, that is to say as a residence or residences, a shop or shops or an office or offices, are in accordance with building F17regulations deposited with the local authority and the plans show that it is proposed to construct a chimney for carrying smoke, grit, dust or gases from the building, the local authority shall reject the plans unless they are satisfied that the height of the chimney as shown on the plans will be sufficient to prevent, so far as practicable, the smoke, grit, dust or gases from becoming prejudicial to health or a nuisance having regard to—
a
the purpose of the chimney;
b
the position and description of buildings near thereto;
c
the levels of the neighbouring ground; and
d
any other matters requiring consideration in the circumstances.
2
3
Where plans are rejected under the authority of this section, any person interested in the building may appeal to the Minister and the Minister may confirm or cancel the rejection and, where he cancels the rejection, may, if he thinks it necessary, direct that the time for rejecting the plans otherwise than under the authority of this section shall be extended so as to run from the date on which his decision is notified to the local authority.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
F205
In the application of subsection (1) above to Scotland—
a
any reference to plans deposited in accordance with building regulations shall be construed as a reference to the plans, specifications and other information submitted with an application for a warrant under section 6 of the M2Building (Scotland) Act 1959;
b
any reference to a local authority shall be construed as a reference to a F21local authority within the meaning of the said Act of 1959;
c
any reference to the rejection of plans shall be construed as a reference to the refusal of such a warrant as aforesaid; and subsections (2) and (3) shall be omitted.
Smoke control areas
P111 Smoke control areas.
1
Any local authority may, by order . . . F22, declare the whole of the district of the local authority or any part thereof to be a smoke control area.
P22
Subject to any exemptions and limitations for the time being in force under this section, if, on any day, smoke is emitted from a chimney of any building within a smoke control area, the occupier of that building shall be guilty of an offence:
Provided that in proceedings for an offence under this subsection, it shall be a defence to prove that the emission of smoke was not caused by the use of any fuel other than an authorised fuel.
3
An order made by the local authority under this section—
a
may make different provision for different parts of the smoke control area;
b
may limit the operation of this section to specified classes of building in the area;
c
may exempt specified buildings or classes of building or specified fireplaces or classes of fireplace in the area from the operation of this section, upon such conditions as may be specified in the order.
P34
The Minister may from time to time by order exempt any class of fireplace, upon such conditions as he may specify in the order, from the provisions of this section, if he is satisfied that such fireplaces can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke.
5
6
The provisions of the First Schedule to this Act shall apply to the . . . F24 coming into operation of orders made by local authorities under this section.
7
If at any time it appears to the Minister necessary or expedient so to do, he may by order suspend or relax the operation of this section in relation to the whole or any part of a smoke control area:
Provided that before making an order under this subsection the Minister shall consult with the local authority unless he is satisfied that, on account of urgency, such consultation is impracticable.
8
Any order of the Minister under this section may be revoked or varied by a subsequent order of the Minister and the proviso to subsection (7) of this section shall apply to the revocation or variation of an order made thereunder.
9
As soon as practicable after the making of an order under subsection (7) of this section or an order revoking or varying such an order, the local authority shall take such steps as appear to them suitable for bringing the effect of the order to the notice of persons affected.
10
This section shall apply in relation to a chimney serving the furnace of any boiler or industrial plant (being a boiler or plant attached to a building or for the time being fixed to or installed on any land) as it applies in relation to a chimney of a building:
Provided that in relation to any such chimney as aforesaid which is not a chimney of a building, for the references in this section to buildings or to the occupier of the building there shall be substituted references respectively to boilers or plant or to the person having possession of the boiler or plant.
12 Adaptation of fireplaces in private dwellings. C16
C171
If, after the F25making of an order by a local authority under the last preceding section, the owner or occupier of, or any person interested in, any private dwelling which is or will be within a smoke control area as a result of the order, not being a new dwelling, incurs expenditure on adaptations in or in connection with the dwelling to avoid contraventions of the last preceding section, the local authority shall repay to him seven-tenths of that expenditure and may, if they think fit, also repay to him the whole or any part of the remainder of that expenditure:
Provided that this subsection shall not apply to any expenditure unless—
a
it either is incurred before the coming into operation of the order and with the approval of the local authority given for the purposes of this subsection or is reasonably incurred in carrying out adaptations required by a notice given under subsection (2) of this section; and
b
the adaptations in question are carried out to the satisfaction of the local authority.
and where the expenditure is incurred by the occupier of a private dwelling who is not an owner thereof, and the adaptations 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—
i
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
ii
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.
2
The local authority may, by notice in writing served on the occupier or owner of a private dwelling which is, or when an order made . . . F26 as aforesaid comes into operation will be, within a smoke control area, require the carrying out of adaptations in or in connection with the dwelling to avoid contraventions of the last preceding section, and the provisions of Part XII of the M3Public Health Act 1936, with respect to appeals against, and the enforcement of, notices requiring the execution of works shall apply in relation to any notice under this subsection, subject, however, to the modification that any reference in the said provisions to the expenses reasonably incurred in executing the works shall be construed as a reference to three-tenths of those expenses or such smaller fraction thereof as the local authority may in any particular case determine.
3
In the application of this section to Scotland—
a
subsection (2) of this section shall have effect as if the words from “and the provisions of Part XII” to the end of the subsection were omitted; and
b
F27section F2827F28111 of the Housing (Scotland) Act F281974F281987 (which provides for an appeal to the sheriff against certain notices requiring the execution of works under that Act) shall apply in relation to a notice under the said subsection (2) as it applies in relation to any such notice as is mentioned in paragraph (a) of subsection (1) of that section; and
c
subject to any such right of appeal as aforesaid, if any person on whom a notice under the said subsection (2) is served fails to execute the works required by the notice within the time thereby limited, the local authority may themselves execute the works and may recover from that person three-tenths, or such smaller fraction as the local authority may in any particular case determine, of the expenses reasonably incurred by them in so doing.
13 Exchequer contributions. C18
1
The Minister may, out of moneys provided by Parliament, make a contribution towards the following expenses of any local authority, that is to say—
a
b
any expenses incurred by them in making, in or in connection with private dwellings owned by them or under their control, not being new dwellings, adptations to avoid contraventions of section eleven of this Act; and
c
any expenses incurred by them in carrying out adaptations required by notices under subsection (2) of the last preceding section in or in connection with dwellings which are not new dwellings:
Provided that no expenses shall be taken into account under this subsection unless they are approved by the Minister.
2
A contribution under subsection (1) of this section in respect of any expenses shall be a single payment equal, in the case of expenses mentioned in paragraph (a) of that subsection, to four-sevenths, and, in the case of other expenses, to two-fifths, of the amount of the expenses.
14 Interpretation of two last preceding sections. C19
C201
In the two last preceding sections, references to adaptations in or in connection with a dwelling to avoid contraventions of section eleven of this Act shall be construed as references to the execution of any of the following works (whether in or outside the dwelling), that is to say—
a
adapting or converting any fireplace; or
b
replacing any fireplace by another fireplace or by some other means of heating or cooking; or
c
altering any . . . F30 chimney which serves any fireplace; or
F31cc
providing gas ignition, electric ignition or any other special means of ignition; or
d
carrying out any operation incidental to any of the operations aforesaid,
being works which are reasonably necessary in order to make what is in all the circumstances suitable provision for heating and cooking without contraventions of the said section eleven:
Provided that, except for the purposes of subsection (2) of section twelve of this Act, works which make such suitable provision as aforesaid shall not be deemed to be other than adaptations to avoid contraventions of the said section eleven by reason that they go beyond what is reasonably necessary for that purpose, but any expenditure incurred in executing them in excess of the expenditure which would have been reasonably incurred in doing what was reasonably necessary shall be left out of account.
2
In the two last preceding sections, references to expenses incurred in the execution of works include references to the cost of any fixed cooking or heating appliance installed by means of the execution of the works, notwithstanding that the appliance can be readily removed from the dwelling without injury to itself or the fabric of the dwelling; and for the purposes of the two last preceding sections, a person who enters into F32either—
i
a conditional sale agreement for the sale to him, or
ii
a hire-purchase agreement for the bailment or (in Scotland) hiring to him,
of a cooking or heating appliance shall be treated as having incurred on the date of the agreement expenditure of an amount equal to the price which would have been payable therefor if he had purchased it for cash on that date.
15 Power of local authority to make grants towards adaptations to fireplaces in churches, chapels, buildings used by charities, &c. C21
1
If, after the F33making of an order by a local authority under section eleven of this Act, the owner or occupier of any premises or part of any premises to which this section applies and which will be within a smoke control area as the result of the order incurs expenditure on adaptations in or in connection with the premises or part to avoid contraventions of the said section eleven, the local authority may, if they think fit, repay to him the whole or any part of that expenditure.
2
This section applies to any premises or part of any premises which fall within one or more of the following paragraphs, that is to say—
a
any place of public religious worship, being, in the case of a place in England or Wales, a place which belongs to the Church of England or to the Church in Wales (within the meaning of the M4Welsh Church Act 1914) or which is for the time being certified as required by law as a place of religious worship;
b
any church hall, chapel hall or similar premises used in connection with any such place of public religious worship, and so used for the purposes of the organisation responsible for the conduct of public religious worship in that place;
c
any premises or part of any premises occupied for the purposes of an organisation (whether corporate or unincorporate) which is not established or conducted for profit and whose main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare.
3
Section fourteen of this Act shall apply for the interpretation of this section as it applies for the interpretation of sections twelve and thirteen of this Act, but as if references therein to a dwelling were references to any premises or part of any premises to which this section applies.
Smoke nuisances
16F34 Abatement of smoke nuisances. C22
1
Smoke other than—
a
smoke emitted from a chimney of a private dwelling; or
b
dark smoke emitted from a chimney of a building or from a chimney serving the furnace of a boiler or industrial plant attached to a building or for the time being fixed to or installed on any land,
F35c
dark smoke emitted otherwise than as aforesaid from industrial or trade premises within the meaning of section 1 of the M5Clear Air Act 1968
shall, if it is a nuisance to the inhabitants of the neighbourhood, be deemed for the purposes of Part III of the M6Public Health Act 1936, to be statutory nuisance, and section one hundred and nine of that Act (which contains a saving from the operation of the said Part III for mines and industrial processes) shall not apply in relation to it:
Provided that, in any proceedings brought by virtue of this section—
- i
. . . F36
- ii
in the case of smoke emitted from a chimney, it shall be a defence for the defendant to prove that the best practicable means had been employed to prevent the nuisance.
2
If the local authority are satisfied that such a nuisance as is mentioned in subsection (1) of this section has occurred and, although it has ceased, is likely to recur, they may, without serving an abatement notice, cause a complaint to be made to a justice of the peace, and a magistrates’ court shall have power on that complaint to make an order on any person by reason of whose act, default or sufferance the nuisance arose prohibiting a recurrence of the nuisance and requiring him, within a time specified in the order, to execute any works necessary to prevent a recurrence; and the provisions of Part III of the M7Public Health Act 1936, shall, with the necessary adaptations and modifications, apply in relation to proceedings under this subsection and orders made thereunder as they apply to proceedings under the said Part III and nuisance orders made thereunder.
3
In the application of this section to Scotland—
a
in subsection (1), the words from “and section one hundred and nine of that Act” to “shall not apply in relation to it” and subsection (2) shall be omitted.
b
c
for any reference to a nuisance order there shall be substituted a reference to a decree for the removal or remedy or discontinuance or interdict of a nuisance granted under section twenty-two or twenty-three of the said Act of 1897; and
d
for any reference to a defendant there shall be substituted a reference to a person against whom proceedings are taken for contravention of any such decree or interdict as as aforesaid.
16AF37 Relation to Environmental Protection Act 1990, Part I.
1
The preceding provisions 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.
Special cases
17 Relation to, and amendment of, Alkali Act.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39
4
F40The amendments specified in the Second Schedule to this Act, being amendments designed to assimilate the penalties for certain offences under the Alkali Act to the penalties for comparable offences under this Act, shall be made in the provisions of the Alkali Act.
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
18 Colliery spoilbanks. C23
1
Subject to the provisions of subsection (3) of this section, the owner of a mine or quarry from which coal or shale has been, is being or is to be got shall employ all practicable means for preventing combustion of refuse deposited from the mine or quarry and for preventing or minimising the emission of smoke and fumes from the refuse and if he fails so to do, he shall be guilty of an offence.
C242
Subject to the provisions of subsection (3) of this section, neither F42the provisions of Part III of the Environmental Protection Act 1990, nor any provision of this Act other than subsection (1) of this section shall apply in relation to smoke, grit or dust from the combustion of refuse deposited from any such mine or quarry as is mentioned in the said subsection (1).
3
Subsections (1) and (2) of this section shall not apply to any deposit of refuse deposited from a mine or quarry before the passing of this Act if, at the time of the passing of this Act, the deposit is no longer in use as such and is not under the control of the owner of the mine or quarry.
4
In this section, “mine”, “quarry” and “owner” have the same meanings as in the M10Mines and Quarries Act 1954.
5
19 Railway engines.
1
Section one of this Act shall apply in relation to railway locomotive engines as it applies in relation to buildings, but as if for the references to the occupier of the building there were substituted references to the owner of the engine.
2
The owner of any railway locomotive engine shall use any practicable means there may be for minimising the emission of smoke from the chimney on the engine and if he fails so to do, he shall, if smoke is emitted therefrom, be guilty of an offence.
C253
Save as provided in this section, nothing in this Act applies to smoke, grit or dust from any railway locomotive engine.
20 Vessels.
1
Section one . . . F44 of this Act shall apply in relation to vessels in waters to which this section applies as they apply in relation to buildings, but as if for the references to the occupier of the building there were substituted references to the owner of, and to the master or other officer or person in charge of, the vessel and as if references to a furnace included references to an engine of the vessel.
2
For the purposes of this Act a vessel in any waters to which this section applies which are not within the district of any local authority shall be deemed to be within the district of the local authority whose district includes that point on land which is nearest to the spot where the vessel is.
3
The waters to which this section applies are—
a
all waters not navigable by sea-going ships; and
b
all waters navigable by sea-going ships which are within the seaward limits of the territorial waters of the United Kingdom and are contained within any port, harbour, river, estuary, haven, dock, canal or other place so long as a person or body of persons is empowered by or under any Act to make charges in respect of vessels entering it or using facilities therein.
In this subsection “charges” means any charges with the exception of light dues, local light dues and any other charges payable in respect of lighthouses, buoys or beacons and of charges in respect of pilotage.
C264
Save as provided in this section, nothing in this Act applies to smoke, grit or dust from any vessel.
21 Exemption for purposes of investigations and research.
1
If the local authority are satisfied, on the application of any person interested, that it is expedient so to do for the purpose of enabling investigations or research relevant to the problem of the pollution of the air to be carried out without rendering the applicant liable to proceedings brought under or by virtue of any of F45the under-mentioned provisions of this Act F46, the Clean Air Act 1968 or the Environmental Protection Act 1990 the local authority may by notice in writing given to the applicant exempt, wholly or to a limited extent,—
F47a
b
any furnace, boiler or industrial plant from the operation of section 3(1) of this Act;
c
any premises from the operation of section 1 of the said Act of 1968;
d
any furnace from the operation of sections 6 and 7 of this Act and section 3 of that Act;
e
the acquisition or sale of any fuel specified in the notice from the operation of section 9 of that Act,
in each case subject to such conditions, if any, and for such period as may be specified in the notice.
2
Any person who has applied to the local authority for an exemption under this section may, if he is dissatisfied with the decision of the authority on the application, appeal to the Minister and the Minister may, if he thinks fit, by notice in writing given to the applicant and the local authority, give any exemption which the authority might have given or vary the terms of any exemption which they have given.
22 Crown premises, &c. C27
C28C291
It shall be part of the functions of the local authority, in cases where it seems to them proper so to do, to report to the responsible Minister any cases of—
a
emissions of dark smoke, or of grit or dust, from any premises which are under the control of any Government department and are occupied for the public service of the Crown or for any of the purposes of any Government department; or
b
emissions of smoke, whether dark smoke or not, from any such premises which are within a smoke control area; or
c
emissions of smoke, whether dark smoke or not, from any such premises which appear to them to constitute a nuisance to the inhabitants of the neighbourhood; or
d
emissions of dark smoke from any vessel of Her Majesty’s navy, or any Government ship in the service of the F49Secretary of State while employed for the purposes of Her Majesty’s navy, which appear to them to constitute such a nuisance as aforesaid,
and on receiving any such report the said Minister shall inquire into the circumstances and, if his inquiry reveals that there is cause for complaint, shall employ all practicable means for preventing or minimising the emission of the smoke, grit or dust or for abating the nuisance and preventing a recurrence thereof, as the case may be.
This subsection shall apply to premises occupied for the purposes of the Duchy of Lancaster or the Duchy of Cornwall as it applies to premises occupied for the public service of the Crown which are under the control of a Government department, with the substitution, in the case of the Duchy of Cornwall, for references to the responsible Minister of references to such person as the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall appoints.
2
The fact that there subsists in any premises an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a Government department or held in trust for Her Majesty for the purposes of a Government department, shall not affect the application of this Act to those premises so long as that interest is not the interest of the occupier of the premises, and this Act shall have effect accordingly in relation to the premises and that and all other interests therein.
3
Section twenty of this Act shall, with the omission of the reference in subsection (1) thereof to the owner, apply to vessels owned by the Crown, except that it shall not apply to vessels of Her Majesty’s navy or to Government ships in the service of the F49Secretary of State while employed for the purposes of Her Majesty’s navy.
C304
This Act shall have effect in relation to premises occupied for the service of a visiting force as if the premises were premises occupied for the public service of the Crown and were under the control of the Government department by arrangement with whom the premises are occupied.
In this subsection “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the M13Visiting Forces Act 1952.
5
In this section “Government ship” has the same meaning as in section eighty of the M14Merchant Shipping Act 1906.
Clean Air Council
23F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous provisions
24F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X125 Powers of local authorities as to research and publicity.
A local authority may—
d
arrange for the display of pictures, cinematograph films or models, or the holding of exhibitions, relating to that problem; and
e
prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid.
X225 Powers of local authorities as to research and publicity.
A local authority may—
F54a
undertake, or contribute towards the cost of, investigations and research relevant to the problem of the pollution of the air;
b
arrange for the publication within their area of information on that problem;
c
d
arrange for the display of pictures, cinematograph films or models, or the holding of exhibitions, relating to that problem; and
e
prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid.
26 Unjustified disclosures of information. C31
If any person discloses any information relating to any F56manufacturing process or trade secret used in carrying on any particular undertaking which has been furnished to or obtained by him under this Act or in connection with the execution thereof, he shall, unless the disclosure is made—
a
with the consent of the person carrying on that undertaking; or
b
in connection with the execution of this Act; or
c
for the purposes of any legal proceedings arising out of this Act or of any report of such proceedings,
be guilty of an offence.
27 Penalties.
1
A person guilty of an offence under section one of this Act shall be liable on summary conviction, in the case of dark smoke from a chimney of a private dwelling, to a fine not exceeding F57level 3 on the standard scale, and, in the case of dark smoke from any other chimney, to a fine not exceeding F58F57level 5 on the standard scale or, in the case of an offence under that section as applied to vessels by section 20 of this Act, F57level 5 on the standard scale.
2
A person guilty of an offence under subsection (3) of section three or section eleven of this Act shall be liable on summary conviction to a fine not exceeding F57level 3 on the standard scale.
3
A person guilty of an offence under section twenty-six of this Act shall be liable on summary conviction to a fine not exceeding F57level 5 on the standard scale.
C32C334
A person guilty of an offence under any of the other provisions of this Act shall be liable on summary conviction to a fine not exceeding F59£400:
Provided that where a person is convicted of such an offence (not being an offence under section eight of this Act) and it is shown to the satisfaction of the court that the offence was substantially a repetition or continuation of an earlier offence by him after he had been convicted of the earlier offence, he shall be liable, on summary conviction, to a fine not exceeding F59£400 or not exceeding F59£50 for every day on which the earlier offence has been so repeated or continued by him within the three months next following his conviction therefor, whichever is the greater.
C345
Any offence under any provision of this Act for which the maximum penalty which may be imposed does not exceed F60fifty pounds may in Scotland be prosecuted in any court of summary jurisdiction within the meaning of F61the M15Criminal Procedure (Scotland) Act 1975 having jurisdiction in the place where the offence was committed.
28 Power of county court to authorise works and order payments. C35
1
If works are reasonably necessary in or in connection with a building in order to enable the building to be used for some purpose without contravention of any of the provisions of this Act, the occupier of the building—
a
may, if by reason of a restriction affecting his interest in the building he is unable to carry out the works without the consent of the owner of the building or some other person interested therein and is unable to obtain that consent, apply to the county court for an order to enable the works to be carried out by him; and
b
may, if he considers that the whole or any proportion of the cost of carrying out the works should be borne by the owner of the building or some other person interested therein, apply to the county court for an order directing the owner or other person to indemnify him, either wholly or in part, in respect of the cost thereof,
and on an application under either of the preceding paragraphs the court may make such order as may appear to the court to be just.
2
In the application of this section to Scotland for any reference to the county court there shall be substituted reference to the sheriff.
29 Enforcement. C36
1
It shall be the duty of the local authority to enforce the provisions of this Act:
Provided that nothing in this section shall be construed as extending to the enforcement of—
b
any building F63regulations.
2
A local authority in England and Wales may institute proceedings for an offence under section one of this Act in the case of any smoke which affects any part of their district notwithstanding that the smoke is emitted from a chimney outside their district F64and may institute proceedings for an offence under section 1 of the M17Clean Air Act 1968 in the case of any smoke which affects any part of their district notwithstanding that the smoke is emitted from premises outside their district.
3
Nothing in this section shall be construed as authorising a local authority in Scotland to institute proceedings for an offence against this Act.
30 Duty to notify occupiers of offences. C37
1
If, in the opinion of an authorised officer of the local authority, an offence is being or has been committed under section one or section eleven of this Act F65or a nuisance to which section sixteen of this Act applies exists or has existed, he shall, unless he has reason to believe that notice thereof has already been given by or on behalf of the local authority, as soon as may be notify the occupier of the premises, the person having possession of the boiler or plant, the owner of the railway locomotive engine or the owner or master or other officer or person in charge of the vessel, as the case may be, and, if his notification is not in writing, shall, F66before the end of the four days next following the day on which he became aware of the offence, confirm the notification in writing.
2
In any proceedings for an offence under section one or section eleven of this Act it shall be a defence to prove that the provisions of subsection (1) of this section have not been complied with in the case of the offence, and if no such notification as is required by that subsection has been given before the end of the F67four days next following the day of the offence, the said subsection (1) shall be deemed not to have been complied with unless the contrary is proved.
31 Application of Public Health Act 1936, &c. C38
1
Parts I and XII of the M18Public Health Act 1936 (which contain provisions relating to local administration and general and supplemental provisions) shall, so far as applicable and subject to the modifications and supplementary provisions contained in Part I of the Third Schedule to this Act, have effect in relation to this Act as if the provisions of this Act F68(other than the provisions amending the M19Alkali, &c. Works Regulation Act 1906) were provisions of the first mentioned Act.
2
Any order made or having effect as if made under the Public Health Act 1936, which confers or imposes functions, rights or liabilities on a port health authority, being an order in force immediately before the appointed day, shall, as from the appointed day, have effect as if any references therein to, or which are to be construed as references to, functions, rights or liabilities of a local authority under all or any of the provisions of sections one hundred and one to one hundred and six of that Act included references to the functions, rights or liabilities of a local authority under this Act.
3
Without prejudice to the provisions of subsections (1) and (2) of this section, any two or more local authorities may combine for the purpose of declaring an area to be a smoke control area and in that event—
a
the smoke control area may be the whole of the districts of those authorities or any part thereof;
b
the references in section eleven of this Act and the first Schedule to this Act, and the first reference in subsection (1) of section twelve of this Act, to the local authority shall be construed as references to the local authorities acting jointly;
c
the reference in paragraph 2 of the said First Schedule to a place in the district of the local authority shall be construed as a reference to a place in each of the districts of the local authorities; but
d
save as aforesaid the references in this Act to the local authority shall, in relation to a building or dwelling, or to a boiler or industrial plant, in the smoke control area, be construed as references to that one of the local authorities within whose district the building, dwelling, boiler or plant is situated.
4
For the avoidance of doubt it is hereby declared that where a port health authority or joint board has functions, rights or liabilities under this Act—
a
any reference in this Act to a local authority or its district includes, in relation to those functions, rights or liabilities, a reference to the port health authority or board or its district;
b
for the purposes of this Act, no part of the district of any such port health authority or board is to be treated, in relation to any matter falling within the competence of the authority or board, as forming part of the district of any other authority.
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69
6
Any premises which extend into the districts of two or more authorities shall be treated for the purposes of this Act as being wholly within such one of those districts as may from time to time be agreed by those authorities, F70or, in default of agreement, determined by the Minister.
7
In the application of this section to Scotland—
a
for the reference to Parts I and XII of the M20Public Health Act 1936, there shall be substituted a reference to the following provisions, that is to say, sections eighteen, one hundred and sixty-one, one hundred and sixty-four and one hundred and seventy-two of the M21Public Health (Scotland) Act 1897, sections F71two, twenty to twenty-two, one hundred and sixty-one, one hundred and sixty-eight to one hundred and seventy-one, and F72section 197F71121 to 123, 131, 312 to 315 and 330 of the M22Housing (Scotland) Act F711966F711987 and F71section fourteen of the M23Housing (Repairs and Rents) (Scotland) Act 1954F71section 336 of the Housing (Scotland) Act 1987; and for the words “Part I of the Third Schedule” there shall be substituted the words “Part III of the Third Schedule”;
b
for references to the M24Public Health Act 1936, and to sections one hundred and one to one hundred and six of that Act there shall be substituted respectively references to the M25Public Health (Scotland) Act 1897, and to sections sixteen to twenty-seven of that Act in so far as they relate to the nuisances specified in paragraphs (9) and (10) of the said section sixteen; and
c
. . . F73
32F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33 Regulations, orders and administrative expenses.
1
Any power conferred on the Ministry by this Act to make regulations or orders (other than orders under subsection (2) of section seventeen of this Act) shall be exercisable by statutory instrument, and any such statutory instrument shall, except in the case of an order under subsection (7) of section eleven of this Act, an order revoking or varying such an order or an order under subsection (4) of section thirty-five of this Act, be subject to annulment in pursuance of a resolution of either House of Parliament.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75
P434 Interpretation.
C39P51
In this Act, except so far as the context otherwise requires,—
“appointed day” means such day as the Minister may by order appoint and different days may be appointed for different purposes, different areas and different provisions of this Act;
“authorised fuel” means a fuel declared by regulations of the Minister to be an authorised fuel for the purposes of this Act;
“authorised officer” means, as respects Scotland, any officer of a local authority authorised by them in writing, either generally or specially, to act in matters of any specified kind or in any specified matter;
F76“building regulations” means, as respects Scotland, any statutory enactments, byelaws, rules and regulations or other provisions under whatever authority made, relating to the construction, alteration or extension of buildings;
“chimney” includes structures and openings of any kind from or through which F77smoke, grit, dust or fumes may be emitted and, in particular, includes flues and references to a chimney of a building include references to a chimney which serves the whole or a part of a building but is structurally separate therefrom;
F78“conditional sale agreement” means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled;
“day” (except in the expression “the appointed day”) means a period of twenty-four hours beginning at midnight;
“fireplace” includes any furnace, grate or stove, whether open or closed;
F79“fumes” means any airborne solid matter smaller than dust
“Heating” in relation to a dwelling includes the heating of water;
F80“hire-purchase agreement” means an agreement, other than a conditional sale agreement under which—
a
goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired, and
b
the property in the goods will pass to that person if the terms of the agreement are complied with and one or more of the following occurs—
i
the exercise of an option to purchase by that person,
ii
the doing of any other specified act by any party to the agreement,
iii
the happening of any other specified event;
“industrial plant” includes any still, melting pot or other plant used for any industrial or trade purposes, and also any incinerator used for or in connection with any such purposes;
“local authority”, as respects Scotland, means F81an islands or district council;
“the Minister” means, as respects England and Wales, F82the Secretary of State and, as respects Scotland, the Secretary of State;
. . . F83
“owner”, as respects Scotland, has the like meaning as in the M26Public Health (Scotland) Act 1897;
“port health authority” means, as respects Scotland, a port local authority constituted under Part X of the M27Public Health (Scotland) Act 1897;
“practicable” means reasonably practicable having regard, amongst other things, to local conditions and circumstances, to the financial implications and to the current state of technical knowledge, and “practicable means” includes the provision and maintenance of plant and the proper use thereof;
“smoke” includes soot, ash, grit and gritty particles emitted in smoke.
C40C412
In this Act “dark smoke” means smoke which, if compared in the appropriate manner with a chart of the type known at the date of the passing of this Act as the Ringelmann Chart, would appear to be as dark as or darker than shade 2 on the chart.
For the avoidance of doubt it is hereby declared that, in proceedings brought under or by virtue of section one or section sixteen of this Act, the court may be satisfied that smoke is or is not dark smoke as hereinbefore defined notwithstanding that there has been no actual comparison thereof with a chart of the said type; and, in particular, and without prejudice to the generality of the preceding provisions of this subsection, if the Minister by regulations prescribes any method of ascertaining whether smoke is dark smoke as so defined, proof in any such proceedings that that method was properly applied, and that the smoke was thereby ascertained to be or not to be dark smoke as so defined, shall be accepted as sufficient.
3
Any reference in this Act to the occupier of a building shall, in relation to any building different parts of which are occupied by different persons, be construed as a reference to the occupier or other person in control of the part of the building in which the relevant fireplace is situated.
4
In this Act, except so far as the context otherwise requires, “private dwelling” means any building or part of a building used or intended to be used as such, and a building or part of a building shall not be deemed for the purposes of this Act to be used or intended to be used otherwise than as a private dwelling by reason that a person who resides or is to reside therein is or is to be required or permitted to reside therein in consequence of his employment or of holding an office; and “dwelling” shall be construed accordingly.
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84
6
In considering for the purposes of this Act whether any and, if so, what works are reasonably necessary in order to make suitable provision for heating and cooking in the case of a dwelling or are reasonably necessary in order to enable a building to be used for a purpose without contravention of any of the provisions of this Act, regard shall be had to any difficulty there may be in obtaining, or in obtaining otherwise than at a high price, any fuels which would have to be used but for the execution of the works.
C407
Any furnaces which are in the occupation of the same person and are served by a single chimney shall, for the purposes of sections six to eight of this Act, be taken to be one furnace.
8
Any reference in this Act to any enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any subsequent enactment (including this Act).
35 Repeals and transitional provisions.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85
2
The references in subsection (1) of this section and in the Fourth Schedule to this Act to section one hundred and fourteen of the M28Railways Clauses Consolidation Act 1845, section one hundred and seven of the M29Railways Clauses Consolidation (Scotland) Act 1845, and section one hundred and eight of the M30Towns Improvement Clauses Act 1847, shall be construed as including references to those sections as incorporated or applied by any Act.
3
Any building or other byelaws which have effect by virtue of subsection (2) of section one hundred and four of the M31Public Health Act 1936, or subsection (4) of section one hundred and fifty-one of the M32Public Health (London) Act 1936, and are in force immediately before the appointed day shall, notwithstanding the repeal of those sections, continue in force and have effect as if they had been made by virtue of section twenty-four of this Act.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86
36 Provisions as to Northern Ireland.
37 Short title and commencement.
1
This Act may be cited as the Clean Air Act 1956.
C422
This Act shall come into operation on the appointed day.
SCHEDULES
F88FIRST SCHEDULE Coming Into Operation of Orders of Local Authorities Under Section Eleven
Sch. 1 substituted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(2), Sch. 2 para. 5 (with effect for the purpose mentioned in s. 1(2)) except in application–) to orders made after the passing of Local Government, Planning and Land Act 1980 which revoke or vary orders made before its passing
1
Before making an order under section 11 of this Act the local authority shall publish in the London Gazette and once at least in each of two successive weeks in some newspaper circulating in the area to which the order will relate a notice-
a
stating that the local authority propose to make the order, and its general effect;
b
specifying a place in the district of the local authority where a copy of the order and of any map or plan referred to in it may be inspected by any person free of charge at all reasonable times during a period of not less than six weeks from the date of the last publication of the notice; and
c
stating that within the said period any person who will be affected by the order may by notice in writing to the local authority object to the making of the order.
2
Besides publishing such a notice, the local authority shall post, and keep posted throughout the said period, copies of the notice in such number of conspicuous places within the area to which the order will relate as appear to them necessary for the purpose of bringing the proposal to make the order to the notice of persons who will be affected.
3
If an objection is duly made to the local authority within the said period, and is not withdrawn, the local authority shall not make the order without first considering the objection.
4
Subject to paragraphs 5 and 6 below, an order shall come into operation on such date not less than six months after it is made as may be specified in it.
5
An order varying a previous order so as to exempt specified buildings or classes of building or specified fireplaces or classes of fireplace from the operation of section 11 of this Act may come into operation on, or at any time after, the date on which it is made.
6
If, before the date on which the order is to come into operation, the local authority—
a
pass a resolution postponing its coming into operation; and
b
publish a notice stating the effect of the resolution in the London Gazette and once at least in each of two successive weeks in some newspaper circulating in the area to which the order will relate,
the order shall, unless its coming into operation is again postponed under this paragraph, come into operation on the date specified in the resolution.
7
In the application of this Schedule to Scotland, for any reference to the London Gazette there shall be substituted a reference to the Edinburgh Gazette.
F89C43SECOND SCHEDULE AMENDMENTS OF ALKALI &C. WORKS REGULATION ACT, 1906
Sch. 2 repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. I
Entries relating to sections 16A and 17(2) of the Alkali, &c. Works Regulation Act 1906 repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. XII
The text of Sch. 2 is, except as indicated, in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
For subsection (2) of section one, there shall be substituted the following subsection—
2
The owner of any alkali work which is carried on in contravention of this section shall be guilty of an offence.
For subsection (2) of section two, there shall be substituted the following subsection—
2
If the owner of any alkali work fails, in theopinion of thecourt having cognizance of the matter, to use such means, he shall be guilty of an offence.
For subsection (3) of section six there shall be substituted the following subsection—
3
The owner of any sulphuric acid work or any muriatic acid work which is carried on in contravention of this section shall be guilty of an offence.
For subsection (2) of section seven there shall be substituted the following subsection—
2
If the owner of any such work fails, in the opinion of the court having cognizance of the matter, to use such means, he shall be guilty of an offence.
For subsection (8) of section nine there shall be substituted the following subsection—
8
The owner of a work which has been carried on in contravention of this section shall be guilty of an offence.
. . . F90
THIRD SCHEDULE Modifications of, and Provisions Supplementary to, Public Health Acts, &c.
Part I
Public Health Act 1936
1
Section two hundred and eighty-seven (which confers a power of entry on premises)—
a
shall not, except in relation to work under subsection (2) of section twelve of this Act, apply in relation to any premises being a private dwelling; but
b
shall apply in relation to any vessel as it applies in relation to premises.
2
Section two hundred and ninety-seven shall have effect as if the reference to a daily penalty in respect of a continuing offence included a reference to a daily penalty in respect of a repetition of an offence.
3
Sections three hundred and seventeen, three hundred and nineteen, three hundred and forty-one and three hundred and forty-two (which relate respectively to repeals and alterations of local Acts, to regulations made by the Minister, to the application of the Act to Crown property and to the application of portions of the Act to London) shall not apply.
F91F91Part II
Sch. 3 Part II repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91
Part III
Scottish Enactments
Public Health (Scotland) Act 1897
Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)
Section eighteen (which confers a power of entry on premises) shall have effect subject to the following modifications and to any other necessary modifications consequential thereon, that is to say, that the purposes for which the power of entry may be exercised shall include the purposes of enforcing the provisions of this Act enforceable by the local authority, of exercising any of the powers of the authority under this Act and of ascertaining whether there is or has been on, or in connection with, the premises any contravention of those provisions or whether any of the powers of the authority under this Act ought to be exercised:
Provided that—
- a
the said section eighteen shall not, except in relation to work under subsection (2) of section twelve of this Act, apply in relation to any premises being a private dwelling; and
- b
except in the case of a factory within the meaning of the F92the M33Factories Act 1961 or of any other premises in which persons are employed otherwise than in domestic service, admission to any premises shall not be demanded as of right unless twenty-four hours’ notice of the intended entry has been given to the occupier.
This paragraph shall apply in relation to vessels as it applies in relation to premises.
F93 Housing (Scotland) Act 1987
Sch. 3 Pt. III the entries relating to the Housing (Scotland) Act 1950 repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. VI and by Housing (Scotland) Act 1987 (c.26, SIF 61), ss. 335, 339, Sch. 23 para. 6(3) it is provided that for the heading “Housing (Scotland) Act 1950” and following words there is substituted (S.) the following:
Section 109 shall have effect as if the reference to section 108(3) included a reference to section 12 of this Act.
Section 319 (Penalty) shall have effect as if subsection (1) included a reference to this Act and as if sub-paragraphs (b) and (c) were omitted.
F94F94FOURTH SCHEDULE
Sch. 4 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F94
Act repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6.