Grit, dust and fumes

Emission of grit and dust from furnaces.
2
1
The Minister may by regulations prescribe limits on the rates of emission of grit and dust from the chimneys of furnaces to which this section applies, and different limits may be prescribed under this subsection for different cases and according to different circumstances.
2
If on any day grit or dust is emitted from a chimney serving a furnace to which this section applies at a rate exceeding the relevant limit prescribed under subsection (1) above, the occupier of any building in which the furnace is situated shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
In proceedings for an offence under subsection (2) above it shall be a defence to prove that the best practicable means had been used for minimising the alleged emission.
4
If, in the case of a building containing a furnace to which this section applies and which is served by a chimney to which there is no limit applicable under subsection (1) above, the occupier fails to use any practicable means there may be for minimising the emission of grit or dust from the chimney, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5
This section applies to any furnace in which solid, liquid or gaseous matter is burnt, not being a furnace designed solely or mainly for domestic purposes and used for heating a boiler with maximum heating capacity of less than 16.12 kilowatts.
6
Section 5 of the principal Act (grit and dust from solid fuel furnaces) shall cease to have effect.
Act repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6
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
Words in s. 2(5) substituted (5.2.1992) by S.I. 1992/36, reg. 3(2)
The text of ss. 2(6), 5(1), 10(5), 14(2), Sch. 1 paras. 2, 5–8, 10, and Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.