10 Measurement of grit, dust and fumes by occupiers.E+W+S
(1)If a furnace in a building is used—
(a)to burn pulverised fuel;
(b)to burn, at a rate of 45.4 kilograms or more an hour, any other solid matter; or
(c)to burn, at a rate equivalent to 366.4 kilowatts or more, any liquid or gaseous matter,
the local authority may, by notice in writing served on the occupier of the building, direct that the provisions of subsection (2) below shall apply to the furnace, and those provisions shall apply accordingly.
(2)In the case of a furnace to which this subsection for the time being applies, the occupier of the building shall comply with such requirements as may be prescribed as to—
(a)making and recording measurements from time to time of the grit, dust and fumes emitted from the furnace;
(b)making adaptations for that purpose to the chimney serving the furnace;
(c)providing and maintaining apparatus for making and recording the measurements; and
(d)informing the local authority of the results obtained from the measurements or otherwise making those results available to them;
and in this subsection “prescribed” means prescribed (whether generally or for any class of furnace) by regulations made by the Secretary of State.
(3)If the occupier of the building fails to comply with those requirements, he shall be guilty of an offence and liable on summary conviction—
(a)to a fine not exceeding level 5 on the standard scale; or
(b)to cumulative penalties on continuance in accordance with section 50.
(4)The occupier of a building who by virtue of subsection (2) is under a duty to make and record measurements of grit, dust and fumes emitted from a furnace in the building shall permit the local authority to be represented during the making and recording of those measurements.
(5)The Secretary of State may by regulations substitute for any rate mentioned in subsection (1)(b) or (c) such other rate as he thinks fit; but regulations shall not be made under this subsection so as to reduce any rate unless a draft of the regulations has been laid before and approved by each House of Parliament.
(6)Any direction given by a local authority under subsection (1) with respect to a furnace in a building may be revoked by the local authority by a subsequent notice in writing served on the occupier of the building, without prejudice, however, to their power to give another direction under that subsection.