http://www.legislation.gov.uk/ukpga/Edw7/6/14Alkali, &c. Works Regulation Act 1906An Act to consolidate and amend the Alkali, &c. Works Regulation Acts 1881 and 1892.1979-08-31texttext/xmlenStatute Law Database2011-05-261999-04-01 Alkali, &c. Works Regulation Act 1906specified amended provision(s)The Industrial Pollution Control (1997 Order) (Commencement No. 2) Order (Northern Ireland) 2005art. 2commencement order for SI 1997/2777 (N.I. 18) Alkali, &c. Works Regulation Act 19061906 c.14An Act to consolidate and amend the Alkali, &c. Works Regulation Acts 1881 and 1892.[4th August 1906]Part I Alkali Works and Alkali Waste Condensation of <Addition ChangeId="d30p58" CommentaryRef="c760927">hydrochloric</Addition> acid gas in alkali works.11Every alkali work shall be carried on in such manner as to secure the condensation, to the satisfaction of the appropriate Agency, of the hydrochloric acid gas evolved in such work, to the extent of ninety-five per centum, and to such an extent that in each cubic metre of air, smoke, or chimney gases, escaping from the works into the atmosphere, there is not contained more than 0.46 gram of hydrochloric acid.(2) The owner of any alkali work which is carried on in contravention of this section shall be guilty of an offence. Prevention of discharge of noxious and offensive gas in alkali works.21In addition to the condensation of hydrochloric acid gas as aforesaid, the owner of every alkali work shall use the best practicable means for preventing the escape of noxious or offensive gases by the exit flue of any apparatus used in any process carried on in the work, and for preventing the discharge, whether directly or indirectly, of such gases into the atmosphere, and for rendering such gases where discharged harmless and inoffensive, subject to the qualification that, on the basis of the amount of acid gas per cubic metre, no objection shall be taken under this section by the appropriate Agency to any hydrochloric acid gas in the air, smoke, or gases discharged into the atmosphere by a chimney or other final outlet where the amount of such acid gas in each cubic metre of air, smoke, or gases so discharged does not exceed the amount limited by the last preceding section.(2) If the owner of any alkali work fails, in the opinion of the court having cognizance of the matter, to use such means, he shall be guilty of an offence.<Addition ChangeId="d30p138" CommentaryRef="c760946"> Relation to Environmental Protection Act 1990, Part I.</Addition>2A1The preceding provisions of this Part of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process.2The “determination date” for a prescribed process is—ain the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;bin the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.3In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c760947"/>3Part II Sulphuric Acid, <Addition ChangeId="d30p197" CommentaryRef="c760948">Hydrochloric</Addition> Acid, and other specified Works. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c760949"/>6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c760950"/>8Part III(i) Registration of Works Registration of works, and stamp duty.91An alkali work, or any works specified in Schedule 1 to the Health and Safety (Emissions into the Atmosphere) Regulations 1983, . . . shall not be carried on unless it is certified to be registered.2The work shall be registered in a register containing the prescribed particulars, and the register shall be conducted and the certificates issued in the prescribed manner.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5A certificate of registration shall be issued on application being made in the prescribed manner by the owner of the work, if the conditions of registration are complied with, and one of the conditions, in the case of the first registration of an alkali work or any works specified in Schedule 1 to the Health and Safety (Emissions into the Atmosphere) Regulations 1983, or the registration of such a work if the work has been closed for a period of twelve months previously, shall be that the work is at the time of registration furnished with such appliances as appear to the appropriate Agency or, on appeal, to the Health and Safety Executive to be necessary in order to enable the work to be carried on in accordance with such of the requirements of this Act or of Part I of the Health and Safety at Work etc. Act 1974 as apply to the work.. . .6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8The owner of a work which has been carried on in contravention of this section shall be guilty of an offence.(ii) Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c760975"/>10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c760976"/>13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c760977"/>14(iii) Special Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c760978"/>15(iv) Procedure Provision as to calculation of acid.16In calculating the proportion of acid to a cubic metre of air, smoke, or gases, for the purposes of this Act, such air, smoke, or gases shall be calculated at the temperature of 15 degrees Celsius, and at a barometric pressure of one bar.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c760982"/>16A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c760983"/>17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c760984"/>18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c760985"/>19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c760986"/>20 Complaint by sanitary authority in cases of nuisance.221Where complaint is made to the central authority by any sanitary authority, on information given by any of their officers, or any ten inhabitants of their district, that any work to which this Act applies is carried on (either within or without the district) in contravention of this Act, . . . , and that a nuisance is occasioned thereby to any of the inhabitants of their district, the central authority shall make such inquiry into the matters complained of, and after the inquiry may direct such proceedings to be taken by the appropriate Agency, as they think fit and just.2The sanitary authority complaining shall, if so required by the central authority, pay the expense of any such inquiry. Actions in case of contributory nuisance.231Where a nuisance arising from the discharge of any noxious or offensive gas or gases is wholly or partially caused by the acts or defaults of the owners of several works to which any of the provisions of this Act applies, any person injured by such nuisance may proceed against any one or more of such owners, and may recover damages from each owner made a defendant in proportion to the extent of the contribution of that defendant to the nuisance, notwithstanding that the act or default of that defendant would not separately have caused a nuisance.2This section shall not authorise the recovery of damages from any defendant who can produce a certificate from the approriate Agency that in the works of that defendant the requirements of this Act have been complied with and were complied with when the nuisance arose.(v) Miscellaneous. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c760991"/>24<Addition ChangeId="d30p521" CommentaryRef="c760992"> Relation to Environmental Protection Act 1990, Part I.</Addition>24A1The preceding provisions of this Part of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process.The “determination date” for a prescribed process is—ain the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;bin the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.3In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c760994"/>26 Interpretation of terms. <CommentaryRef Ref="c761009"/>271In this Act, unless the context otherwise requires,—The expression “alkali work” means every work for—the manufacture of sulphate of soda or sulphate of potash, orthe treatment of copper ores by common salt or other chlorides whereby any sulphate is formed,in which hydrochloric acid gas is evolved:The expression “the appropriate Agency” means—in relation to England and Wales, the Environment Agency; andin relation to Scotland, the Scottish Environment Protection Agency:The expression “noxious or offensive gas” includes any substance set out in Schedule 2 to the Health and Safety (Emissions into the Atmosphere) Regulations 1983The expression “owner” includes any lessee, occupier, or any other person carrying on any work to which this Act applies;The expression “best practicable means,” where used with respect to the prevention of the escape of noxious and offensive gases, has reference not only to the provision and the efficient maintenance of appliances adequate for preventing such escape, but also to the manner in which such appliances are used and to the proper supervision, by the owner, of any operation in which such gases are evolved:The expression “prescribed” means prescribed by the Secretary of State. . . . The expression “central authority” means as regards England the the Secretary of State as regards Ireland the Local Government Board for Ireland, and as regards Scotland the Secretary for Scotland: . . . The expression “the Public Health Act” means as regards England the Public Health Act 1875, . . . ; and as regards Scotland the Public Health (Scotland) Act 1897; and as regards Ireland the Public Health (Ireland) Act 1878, and includes any enactment amending those Acts.. . .. . .2Nothing in this Act shall be construed as exempting any work from any of the provisions of this Act applicable to the work as being a work of a certain class or description by reason only that the work is subject to other provisions of this Act as being a work of some other class or description. Application to Scotland. <CommentaryRef Ref="c761029"/>28In the application of this Act to Scotland—areferences to the Secretary for Scotland shall be substituted for references to the Local Government Board, and references to the Edinburgh Gazette shall be substituted for references to the London Gazette;bAll offences under this Act shall be prosecuted and all fines under this Act shall be recovered under the provisions of the Criminal Procedure (Scotland) Act 1975: Provided that the following regulations shall have effect with respect to the prosecution of, and the recovery of fines for, offences under this Act, . . .:—iAll prosecutions shall be brought before the sheriff, who may award expenses to either party, and, in default of immediate payment of the fine and expenses, may sentence the respondent to imprisonment for any period not exceeding six months;iiA prosecution shall not be instituted . . ., except as respects a fine for the contravention of the provisions of this Act as to the registration of works, after the expiration of three months from the commission of the offence;iii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ivThe sheriff may, on the application of either party, appoint a person to take down in writing the evidence of the witnesses, and may award to that person such remuneration as he thinks just, and the amount so awarded shall be deemed to be expenses in the proceeding;vAll jurisdictions, powers, and authorities necessary for the purposes of this section are conferred on the sheriff;c . . . Saving as to general law.29Nothing in this Act shall legalise any act or default that would, but for this Act, be deemed to be a nuisance, or otherwise be contrary to law, or deprive any person of any remedy by action, indictment, or otherwise, to which he would have been entitled if this Act had not passed.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c761036"/>30<CommentaryRef Ref="c761037"/>†Short title and commencement.31This Act may be cited as the Alkali, &c. Works Regulation Act 1906 . . . . SCHEDULESFIRST SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECOND SCHEDULE

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This Act is not necessarily in the form in which it has effect in Northern IrelandAct repealed (E.W.S.) (1.12.1994 for specified purposes and otherwise 16.12.1996 insofar as it extends to England and Wales and otherwiseprosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), Sch. 16 Pt. I; S.I. 1994/2854, art. 2; 1996/3056, art. 2Act amended by S.I. 1990/1380, regs. 3, 4Act wholly in force at 1.1.1907Act: saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv), Sch. Pt. VII s. 62Act continued (27.8.1993) (until the commencement of the repeal of this Act by 1990 c. 43, s. 162(2), Sch. 16 Pt. I) by virtue of 1993 c. 11, ss. 66(1)(c)(2), 68(2)Act: Functions transferred (E.W.) (1.4.1996) by 1995 c. 25, s. 2(1)(f) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Act: Functions transferred (S.) (12.10.1995) by 1995 c. 25, s. 21(1)(f) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2(b)Act modified (1.2.1996) by 1995 c. 25, s. 5(5)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2Act modified (1.4.1996) by 1995 C. 25, S. 33(5)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Word “hydrochloric” substituted for the word “muriatic” wherever it appears in the Act, by S.I. 1983/943, reg. 5(a)Words in s. 1(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words substituted by S.I. 1983/943, reg. 6, Sch. 3S. 1(2) substituted by Clean Air Act 1956 (c. 52), Sch. 2Word “hydrochloric” substituted for the word “muriatic” wherever it appears in the Act, by S.I. 1983/943, reg. 5(a)Words substituted by S.I. 1983/943, reg. 6, Sch. 3Words in s. 2(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3S. 2(2) substituted by Clean Air Act 1956 (c. 52), Sch. 2S. 2A inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15, para. 2; see s. 164(3) and S.I. 1991/1042, art.2Ss. 3–5, 8 repealed by Control of Pollution Act 1974 (c. 40), Sch. 4Ss. 6, 7 repealed by S.I. 1983/943, reg. 7(1)(a)Ss. 3–5, 8 repealed by Control of Pollution Act 1974 (c. 40), Sch. 4Word “hydrochloric” substituted for the word “muriatic” wherever it appears in the Act, by S.I. 1983/943, reg. 5(a)S. 9: Functions transferred (1.4.1996) by 1995 c. 25, s. 2(2)(d) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words substituted by S.I. 1983/943, reg. 5(b)Words repealed by Control of Pollution Act 1974 (c. 40), Sch. 4S. 9(3)(4) repealed by S.I. 1989/318, reg. 13(1)S. 9(5) amended by S.I. 1987/180, regs. 4(1), 8Words substituted by S.I. 1983/943, reg. 5(c)(i)Words in s. 9(5) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(4)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words substituted by virtue of S.I. 1974/2170, Sch. 2 para. 2Words inserted by S.I. 1983/943, reg. 5(c)(ii)Proviso to s. 9(5) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 1(4)(b), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3S. 9(6) repealed by Finance Act 1970 (c. 24), Sch. 8 Pt. IVS. 9(7) repealed (except for the purposes of reg. 12(3) of S.I. 1989/318), by S.I. 1989/318, reg. 13(1) and subject to an amendment (1.4.1996) by 1995 c. 25 s. 120(1), Sch. 22 para. 1(4)(c) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3S. 9(8) substituted by Clean Air Act 1956 (c. 52), s. 17(4), Sch. 2Ss. 10–12 repealed by S.I. 1974/2170, Sch. 1S. 13 repealed by S.I. 1974/2170, reg. 3(a)Ss. 14, 15 repealed by Control of Pollution Act 1974 (c. 40), Sch. 4Ss. 14, 15 repealed by Control of Pollution Act 1974 (c. 40), Sch. 4Words substituted by S.I. 1983/943, reg. 6, Sch. 3S. 16A repealed by S.I. 1974/2170, Sch. 1S. 17 repealed by Control of Pollution Act 1974 (c. 40), Sch. 4S. 18 repealed by S.I. 1974/2170, Sch. 1S. 19 repealed by Control of Pollution Act 1974 (c. 40), Sch. 4Ss. 20, 21 repealed by S.I. 1974/2170, Sch. 1Words repealed by Control of Pollution Act 1974 (c. 40), Sch. 4Words in s. 22(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Words in s. 23(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(6) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3S. 24 repealed (E.W.) by Local Government Act 1933 (c. 51), Sch. 11 Pt. IV and London Government Act 1963 (c. 33), Sch. 18 Pt. II and (S.) Local Government (Scotland) Act 1947 (c. 43), Sch. 14S. 24A inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15, para. 2; see s. 164 (3) and S.I. 1991/1042, art. 2S. 25 repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 1(7), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3S. 26, Sch. 2 repealed by Statute Law Revision Act 1927 (c. 42)Functions of Secretary for Scotland now exercisable by Secretary of State: Scottish Board of Health Act 1919 (c. 20), s. 4(1)(d); Reorganisation of Offices (Scotland) Act 1928 (c. 34), s. 1 and Reorganisation of Offices (Scotland) Act 1939 (c. 20), s. 1Word “hydrochloric” substituted for the word “muriatic” wherever it appears in the Act, by S.I. 1983/943, reg. 5(a)Definition of “the appropriate Agency” in s. 27(1) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(8)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Definition substituted by S.I. 1983/943, reg. 5(d)Words substituted by virtue of Ministry of Health Act 1919 (c. 21), s. 3(1)(a), Sch. 1 para. 1, S.I. 1951/142 (1951 I, p. 1348), arts. 3(1), 5(2), Sch. 1 Pt. I, 1951/1900 (1951 I, p. 1347), 1965/319 arts. 2(1), 10(1), Sch. 1 Pt. I and 1970/1681, arts. 2(1), 6(3)Definition repealed by Statute Law Revision Act 1927 (c. 42)Definition repealed by Local Government Act 1972 (c. 70), Sch. 30The definition of “the Public Health Act” as it applies to England and Wales, repealed by Statute Law (Repeals) Act 1989 (c. 43, s. 1(1), Sch. 1 Pt. XI1875 c. 55. Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II1897 c. 38. 1878 c. 52. Definitions of “chief inspector” and “inspector” in s. 27(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 1(8)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3Functions of Secretary for Scotland now exercisable by Secretary of State: Scottish Board of Health Act 1919 (c. 20), s. 4(1)(d); Reorganisation of Offices (Scotland) Act 1928 (c. 34), s. 1 and Reorganisation of Offices (Scotland) Act 1939 (c. 20), s. 1Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460(2)1975 c. 21. Words in s. 28(b)(i)(ii) and s. 28(b)(iii) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 1(9)(a), Sch. 24 (with ss. 7(6), 115, 177); S.I. 1996/186, art. 3Words in s. 28(b)(ii) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 1(9)(b), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3S. 28(b)(iii) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 1(9)(c), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3S. 28(c) repealed by Control of Pollution Act 1974 (c. 40), Sch. 4S. 30 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XIUnreliable marginal noteWords repealed by Statute Law Revision Act 1927 (c. 42)Sch. 1 repealed (E.W.S.) by S.I. 1983/943, reg. 7(1)(a)S. 26, Sch. 2 repealed by Statute Law Revision Act 1927 (c. 42)