Environmental Protection Act 1990

85 Application to gases of certain Clean Air Act provisions

After section 7 of the [1968 c. 62.] Clean Air Act 1968 there shall be inserted the following section—

“7A Application to gases of certain provisions as to grit and dust

(1) The Minister may by regulations—

(a) apply all or any of the provisions of sections 2, 3, 4 and 5 of this Act and of sections 7, 18(2), 19(3), 20(4) and 22(1) of the principal Act (provisions relating to grit and dust or smoke) to prescribed gases as they apply to grit and dust; and

(b) apply all or any of the provisions of section 3 of the principal Act (requirement that new furnaces shall be so far as practicable smokeless) to prescribed gases as they apply to smoke;

subject, in either case, to such exceptions and modifications as the Minister thinks expedient.

(2) Regulations under this section may make different provision for different cases.

(3) No regulations shall be made under this section unless a draft of the regulations has been laid before Parliament and approved by each House of Parliament.

(4) In the application of any provision of the principal Act or this Act to prescribed gases by virtue of regulations under this section, any reference to the rate of emission of any substance shall be construed as a reference to the percentage by volume or by mass of the gas which may be emitted during a period specified in the regulations.

(5) In this section—

• “gas” includes vapour and moisture precipitated from vapour; and

• “prescribed” means prescribed in regulations under this section.”