Textual Amendments
F1S. 24 repealed (E.W.) by Local Government Act 1933 (c. 51), Sch. 11 Pt.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. 14
(1)The 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—
(a)in 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;
(b)in 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.
(3)In 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.]
Textual Amendments
F2S. 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. 2
Textual Amendments
F3S. 25 repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 1(7), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Textual Amendments
F4S. 26, Sch. 2 repealed by Statute Law Revision Act 1927 (c. 42)
(1)In 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, or
the treatment of copper ores by common salt or other chlorides whereby any sulphate is formed,
in which [F5hydrochloric] acid gas is evolved:
[F6The expression “the appropriate Agency” means—
in relation to England and Wales, the Environment Agency; and
in relation to Scotland, the Scottish Environment Protection Agency:]
[F7The expression “noxious or offensive gas” includes any substance set out in Schedule 2 to the Health and Safety (Emissions into the Atmosphere) Regulations 1983]
The 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 [F8the Secretary of State.]
. . . F9
The expression “central authority” means as regards England the [F8the Secretary of State] as regards Ireland the Local Government Board for Ireland, and as regards Scotland the Secretary for Scotland:
. . . F10
[F11The expression “the Public Health Act” means as regards England the M1Public Health Act 1875, . . . F12; and as regards Scotland the M2Public Health (Scotland) Act 1897; and as regards Ireland the M3Public Health (Ireland) Act 1878, and includes any enactment amending those Acts.]
F13. . .
F13. . .
(2)Nothing 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.
Textual Amendments
F5Word “hydrochloric” substituted for the word “muriatic” wherever it appears in the Act, by S.I. 1983/943, reg. 5(a)
F6Definition 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. 3
F7Definition substituted by S.I. 1983/943, reg. 5(d)
F8Words 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)
F9Definition repealed by Statute Law Revision Act 1927 (c. 42)
F10Definition repealed by Local Government Act 1972 (c. 70), Sch. 30
F11The 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. XI
F12Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
F13Definitions 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. 3
Modifications etc. (not altering text)
C1Functions 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. 1
Marginal Citations
In the application of this Act to Scotland—
(a)references 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;
(b)All offences under this Act shall be prosecuted and all fines under this Act shall be recovered under the provisions of [F14the M4Criminal 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, F15. . .:—
(i)All 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;
(ii)A prosecution shall not be instituted F16. . ., 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;
F17(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv)The 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;
(v)All jurisdictions, powers, and authorities necessary for the purposes of this section are conferred on the sheriff;
(c) . . . F18
Textual Amendments
F14Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460(2)
F15Words 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. 3
F16Words 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. 3
F17S. 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. 3
F18S. 28(c) repealed by Control of Pollution Act 1974 (c. 40), Sch. 4
Modifications etc. (not altering text)
C2Functions 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. 1
Marginal Citations
Nothing 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.
Textual Amendments
F19S. 30 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI
This Act may be cited as the Alkali, &c. Works Regulation Act 1906 . . . . F20
Textual Amendments
F20Words repealed by Statute Law Revision Act 1927 (c. 42)
Modifications etc. (not altering text)
C3Unreliable marginal note