Clean Air Act 1956 (repealed 27.8.1993)

SCHEDULES

Sections 11, 31.]

[F1 FIRST SCHEDULE E+W+S Coming Into Operation of Orders of Local Authorities Under Section Eleven

Textual Amendments

F1 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3 If an objection is duly made to the local authority within the said period, and is not withdrawn, the local authority shall not make the order without first considering the objection.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.

Section 17.]

[F2 SECOND SCHEDULE E+W+S AMENDMENTS OF ALKALI &C. WORKS REGULATION ACT, 1906

Textual Amendments

F2 Sch. 2 repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. I

Modifications etc. (not altering text)

C1 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.”

. . . F3

Textual Amendments

F3 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

Sections 31, 32.

THIRD SCHEDULE E+W+S Modifications of, and Provisions Supplementary to, Public Health Acts, &c.

Part I E+W+S

Public Health Act 1936 E+W+S

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.

F4 F4 Part II E+W+S

Textual Amendments

F4 Sch. 3 Part II repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

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Part III E+W+S

Scottish Enactments E+W+S

Public Health (Scotland) Act 1897 E+W+S

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 [F5 the M1 Factories 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.

Textual Amendments

F5 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

Marginal Citations

M1 1961 c. 34.

[F6 Housing (Scotland) Act 1987] E+W+S

Textual Amendments

F6 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.

F7 F7 FOURTH SCHEDULE E+W+S

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Textual Amendments

F7 Sch. 4 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI