Search Legislation

Clean Air (Northern Ireland) Order 1981

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about advanced features

Advanced Features

Changes over time for: Section 2

 Help about opening options

Exit from the EU:

There may be changes and effects to this Legislation not yet recorded or applied to the text

New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.

There are currently no additional references that you need to check.

Changes to legislation:

There are currently no known outstanding effects for the Clean Air (Northern Ireland) Order 1981, Section 2. Help about Changes to Legislation


Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.


2.—(1) The Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

  • [F1“authorised fuel” means a fuel that is included on a list of authorised fuels kept by the Department under Article 17(3A);]

  • “chimney” includes structures and openings of any kind from or through which smoke, 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 part of a building but is structurally separate from it;

  • “conditional sale agreeement” 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;

  • “the Department” means the Department of the Environment;

  • “day” means a period of twenty-four hours beginning at midnight;

  • “fireplace” includes any furnace, grate or stove, whether open or closed;

  • “fumes” means any airborne solid matter smaller than dust;

  • “gaseous emissions” includes gases and fumes containing sulphur or any compound of sulphur;

  • “grit and dust” includes solid particles of any kind;

  • “heating” in relation to a dwelling includes the heating of water;

  • “hire-purchase agreement” means an agreement, other than a conditional sale agreement, under which—


    goods are bailed in return for periodical payments by the person to whom they are bailed, and


    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—


    the exercise of an option to purchase by that person,


    the doing of any other specified act by any party to the agreement,


    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;

  • “owner” has the same meaning as in the Public Health (Ireland) Act 1878 [1878 c.52] ;

  • “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 of it;

  • “prejudicial to health” means injurious, or likely to cause injury, to health;

  • “prescribed” means prescribed by regulations;

  • “regulations” means regulations made by the Department;

  • “smoke” includes soot, ash, grit and gritty particles emitted in smoke.

(3) In this Order “dark smoke” means smoke which, if compared in the appropriate manner with a chart of the type known on the 9th June 1964 as the Ringelmann Chart, would appear to be as dark as or darker than shade 2 on that chart; but—

(a)in proceedings brought under Article 3, 4 or 23, the court may be satisfied that smoke is or is not dark smoke as so defined notwithstanding that there has been no actual comparison of the smoke with a chart of that type; and

(b)in particular, and without prejudice to the generality of the preceding provisions of this paragraph, if any method is prescribed for 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 ascertained by that method to be or not to be dark smoke as so defined, shall be accepted as sufficient.

(4) Any reference in this Order 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.

(5) In this Order, “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 Order 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 in it is or is to be required or permitted to reside in it in consequence of his employment or of holding an office; and “dwelling” shall be construed accordingly.

(6) In this Order “new dwelling” means a dwelling which either—

(a)was erected after the 9th June 1964; or

(b)was produced by conversion, after the 9th June 1964, of other premises, with or without the addition of premises erected after that date;

and for the purposes of this paragraph, a dwelling or premises shall not be treated as erected or converted after the 9th June 1964 unless the erection or conversion was begun after that date.

(7) Any furnaces which are in the occupation of the same person and served by a single chimney shall, for the purposes of ArticlesF2 7 to 12 and 15 be taken to be one furnace.

(8) For the purposes of section 42(2) of the Northern Ireland Constitution Act 1973 [1973 c.36] (validity of Acts of the Parliament of Northern Ireland), provisions of this Order which re-enact provisions of an Act of the Parliament of Northern Ireland shall be deemed to be provisions of such an Act.

Back to top


Print Options


Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.


See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.


Opening Options

Different options to open legislation in order to view more content on screen at once


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.


More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources