The Clean Air (Miscellaneous Provisions) (England) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations consolidate six sets of regulations concerning clean air, made under enabling powers which were repealed and re-enacted as part of the Clean Air Act 1993 (c. 11) (“the Act”).

Section 1 of the Act, as applied by section 44 of that Act, makes it an offence to emit dark smoke (as defined) from the chimney of a vessel, but under subsection (3) of that section the Secretary of State may prescribe in regulations that section 1 does not apply to emissions of smoke lasting for not longer than such periods as may be prescribed. Regulation 2 and Schedule 1 contain the prescribed classes of emissions and permitted periods of time.

The Ringelmann Chart mentioned in regulation 2(2) is derived from BS 2742M. Documents can be obtained from the British Standards Institution online at www.bsigroup.com, or hard copies can be obtained from the British Standards Institution customer services at 389 Chiswick High Road, London, W4 4AL upon payment of a fee.

Section 6(1) of the Act requires that new non-domestic furnaces must be provided with plant approved by the local authority for arresting grit and dust. Section 7(1) permits the Secretary of State by regulations to provide that furnaces of any class prescribed in the regulations, while used for a prescribed purpose, be exempted from the effect of section 6(1). Regulation 3 and Schedule 2 contain the prescribed classes of furnace and purposes.

Section 14(2) of the Act requires that a furnace in a building must not be used for certain purposes unless the height of the chimney serving the furnace has been approved by the local authority or the Secretary of State under section 15 of the Act, and any conditions to which the approval was subject have been complied with. However, if a boiler or plant is used or is to be used wholly for a purpose prescribed by the Secretary of State under section 14(7), it is an exempted boiler or plant and approval for the height of the chimney need not be obtained. Regulation 4 contains the prescribed purposes, which include temporary or local provision of heat or power during replacement or maintenance, building operations, engineering construction, investigation or research, and agricultural operations.

Section 36 of the Act empowers a local authority by notice to require the occupier of any premises (but not private dwellings) to provide information concerning the emission of pollutants and other substances into the air from the premises. Regulation 5 prescribes the kinds of emissions to which notices under section 36 may relate, regulation 6 prescribes the kinds of information which may be required by those notices, and regulation 7 prescribes the manner in which such notices are to be sent by post and the evidence which is to be sufficient evidence that such a notice has been given (see section 38(1), (3)(a) to (c) and (4) of the Act).

Any person who has an interest in the premises may appeal against such a notice to the Secretary of State under section 37 of the Act. Regulation 8(1) to (3) prescribes the manner in which an appeal under section 37 is to be made, and the time within which it may be brought. Regulation 8(4) to (6) specifies the circumstances in which the Secretary of State is required to withhold certain parts of the appellant’s case from the respondent local authority, and the documents which the Secretary of State is otherwise required to send to the authority. Regulation 8(7) to (9) prescribes the procedure to be followed before the Secretary of State determines an appeal.

Regulation 9 requires each local authority to maintain a register containing information concerning emissions from premises which has been obtained by the authority under section 35 of the Act (other than information which, by direction of the Secretary of State, is not be to disclosed) and information concerning certain appeals against section 36 notices (see section 38(1) and (3)(d) of the Act).

Section 36(6) of the Act empowers the Secretary of State to prescribe in regulations certain premises used in the public service of the Crown to which section 36 is not to apply. Regulation 10 and Schedule 3 contain the Crown premises that are prescribed.

An impact assessment has not been produced for this instrument as no impact is foreseen on the private, voluntary or public sectors. An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.