Dark smoke

Prohibition of dark smoke from industrial or trade premises.
1
1
Subject to the following provisions of this section, dark smoke shall not be emitted from any industrial or trade premises and if, on any day, dark smoke is so emitted the occupier of the premises and any person who causes or permits the emission shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
1A
For the purposes of subsection (1) above, there shall be taken to have been an emission of dark smoke from industrial or trade premises in any case where—
a
material is burned on those premises, and
b
the circumstances are such that the burning would be likely to give rise to the emission of dark smoke,
unless the occupier or any person who caused or permitted the burning shows that no dark smoke was emitted.
2
Subsection (1) above shall not apply to the emission of dark smoke from a chimney of a building or from any other chimney to which section 1 of the principal Act (prohibiton of dark smoke from chimneys) applies.
3
The Minister may by regulations exempt from subsection (1) above, subject to compliance with such conditions if any as may be prescribed, the emission of dark smoke caused by the burning of any prescribed matter.
4
In proceedings for an offence under this section it shall be a defence to prove that the contravention complained of was inadvertent and that all practicable steps had been taken to prevent or minimise the emission of dark smoke.
5
In this section “industrial or trade premises” means premises used for any industrial or trade purposes or premises not so used on which matter is burnt in connection with any industrial or trade process.
Act repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6
Words inserted by Control of Smoke Pollution Act 1989 (c. 17, SIF 100:3), s. 2(1)
Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
S. 1(1A) inserted by Control of Smoke Pollution Act 1989 (c. 17, SIF 100:3), s. 2(2)