Clean Air Act 1993

18 Declaration of smoke control area by local authority.E+W+S

(1)A local authority may by order declare the whole or any part of the district of the authority to be a smoke control area; and any order made under this section is referred to in this Act as a “smoke control order”.

(2)A smoke control order—

(a)may make different provision for different parts of the smoke control area;

(b)may limit the operation of section 20 (prohibition of emissions of smoke [F1in Wales]) [F2or Schedule 1A (penalty for emission of smoke in England)] to specified classes of building in the area; and

(c)may exempt specified buildings or classes of building or specified fireplaces or classes of fireplace in the area from the operation of that section [F3or Schedule], upon such conditions as may be specified in the order;

and the reference in paragraph (c) to specified buildings or classes of building include a reference to any specified, or to any specified classes of, fixed boiler or industrial plant.

[F4(2A)For the purposes of this Part a smoke control order in England “applies” to a building, fireplace, fixed boiler or industrial plant if the operation of Schedule 1A is not excluded in relation to it by virtue of subsection (2)(b) or (c).]

(3)A smoke control order may be revoked or varied by a subsequent order.

(4)The provisions of Schedule 1 apply to the coming into operation of smoke control orders.

Textual Amendments