Clean Air Act 1993

• (2) In the application of section 1 to a vessel—

• (a) for the reference in subsection (1) of that section to the occupier of the building there shall be substituted a reference to the owner of, and to the master or other officer or person in charge of, the vessel;

• (b) references to a furnace shall be read as including references to an engine of the vessel; and

• (c) subsection (5) of that section shall be omitted;

and a person guilty of an offence under that section in relation to a vessel shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (2A) A smoke control order made under section 18 by a local authority in England may provide for vessels which are moored in the smoke control area to be subject to the operation of Schedule 1A.

• (2B) For the purposes of a smoke control order which so provides—

• (a) any reference in Part 3 and in section 54 to a building is to be read with any necessary modifications as a reference to such a vessel, but

• (b) references in sections 24 and 25 to dwellings do not include such vessels.

• (2C) In subsection (2A) the reference to vessels which are moored includes a vessel which is unmoored but which is stationary at a mooring place in circumstances where it might reasonably be moored.

• (3) For the purposes of this Act a vessel in any waters to which this section applies which are not within the district of any local authority shall be deemed to be within the district of the local authority whose district includes that point on land which is nearest to the spot where the vessel is.

• (4) The waters to which this section applies are—

• (a) all waters not navigable by sea-going ships; and

• (b) all waters navigable by sea-going ships which are within the seaward limits of the territorial waters of the United Kingdom and are contained within any port, harbour, river, estuary, haven, dock, canal or other place so long as a person or body of persons is empowered by or under any Act to make charges in respect of vessels entering it or using facilities in it.

• (5) In subsection (4) “charges” means any charges with the exception of light dues, local light dues and any other charges payable in respect of lighthouses, buoys or beacons and of charges in respect of pilotage.

• (6) Except as provided in this section, nothing in Parts I to III applies to smoke, grit or dust from any vessel.

Exemption for purposes of investigations and research.

45

• (1) If the local authority are satisfied, on the application of any person interested, that it is expedient to do so for the purpose of enabling investigations or research relevant to the problem of the pollution of the air to be carried out without rendering the applicant liable to proceedings brought under or by virtue of any of the provisions of this Act or the Environmental Protection Act 1990 mentioned below, the local authority may by notice in writing given to the applicant exempt, wholly or to a limited extent,—

• (a) any chimney from the operation of sections 1 (dark smoke), 5 (grit and dust) ... and 43 (railway engines) of this Act and Part III of the Environmental Protection Act 1990 (statutory nuisances);

• (b) any furnace, boiler or industrial plant from the operation of section 4(2) (new furnaces to be as far as practicable smokeless);

• (c) any premises from the operation of section 2 (emissions of dark smoke);

• (d) any furnace from the operation of sections 6 or 8 (arrestment plant) and 10 (measurement of grit, dust and fumes by occupier), and

• (e) the acquisition or sale of any fuel specified in the notice from the operation of section 23 section 19F (acquisition and sale of unauthorised fuel in smoke control area),

in each case subject to such conditions, if any, and for such period as may be specified in the notice.

• (2) Any person who has applied to the local authority for an exemption under this section may, if he is dissatisfied with the decision of the authority on the application, appeal to the Secretary of State; and the Secretary of State may, if he thinks fit, by notice in writing given to the applicant and the local authority, give any exemption which the authority might have given or vary the terms of any exemption which they have given.

Crown premises, etc.

46

• (1) It shall be part of the functions of the local authority, in cases where it seems to them proper to do so, to report to the responsible Minister any cases of—

• (a) emissions of dark smoke, or of grit or dust, from any premises which are under the control of any Government department and are occupied for the public service of the Crown or for any of the purposes of any Government department;

• (b) emissions of smoke, whether dark smoke or not, from any such premises which are within a smoke control area;

• (c) emissions of smoke, whether dark smoke or not, from any such premises which appear to them to constitute a nuisance to the inhabitants of the neighbourhood; or

• (d) emissions of dark smoke from any vessel of Her Majesty’s navy, or any Government ship in the service of the Secretary of State while employed for the purposes of Her Majesty’s navy, which appear to them to constitute a nuisance to the inhabitants of the neighbourhood,

and on receiving any such report the responsible Minister shall inquire into the circumstances and, if his inquiry reveals that there is cause for complaint, shall employ all practicable means for preventing or minimising the emission of the smoke, grit or dust or for abating the nuisance and preventing a recurrence of it, as the case may be.

• (2) Subsection (1) shall apply to premises occupied for the purposes of the Duchy of Lancaster or the Duchy of Cornwall as it applies to premises occupied for the public service of the Crown which are under the control of a Government department, with the substitution, in the case of the Duchy of Cornwall, for references to the responsible Minister of references to such person as the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall appoints.

• (3) The fact that there subsists in any premises an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a Government department or held in trust for Her Majesty for the purposes of a Government department, shall not affect the application of this Act to those premises so long as that interest is not the interest of the occupier of the premises, and this Act shall have effect accordingly in relation to the premises and that and all other interests in the premises.

• (4) Section 44 (vessels) shall, with the omission of the reference in subsection (2) of that section to the owner, apply to vessels owned by the Crown, except that it shall not apply to vessels of Her Majesty’s navy or to Government ships in the service of the Secretary of State while employed for the purposes of Her Majesty’s navy.

• (5) This Act (except Parts IV and V) shall have effect in relation to premises occupied for the service of a visiting force as if the premises were occupied for the public service of the Crown and were under the control of the Government department by arrangement with whom the premises are occupied.

• (6) In this section—

• “Government ship” has the same meaning as in the Merchant Shipping Act 1995; and

• “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952.

Part VII — Miscellaneous and general

Power to apply certain provisions to fumes and gases

Application to fumes and gases of certain provisions as to grit, dust and smoke.

47

• (1) The Secretary of State may by regulations—

• (a) apply all or any of the provisions of sections 5, 6, 7, 42(4) 43(5), 44(6) and 46(1) to fumes or prescribed gases or both as they apply to grit and dust;

• (b) apply all or any of the provisions of section 4 to fumes or prescribed gases or both as they apply to smoke; and

• (c) apply all or any of the provisions of section 11 to prescribed gases as they apply to grit and dust,

subject, in each case, to such exceptions and modifications as he thinks expedient.

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

• (3) In the application of any provision of 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.

• (4) In this section—

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

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

Power to give effect to international agreements

Power to give effect to international agreements.

48

The Secretary of State may by regulations provide that any provision of Parts IV and V, or of this Part (apart from this section) so far as relating to those Parts, shall have effect with such modifications as are prescribed in the regulations with a view to enabling the Government of the United Kingdom to give effect to any provision made by or under any international agreement to which the Government is for the time being a party.

Administration and enforcement

Unjustified disclosures of information.

49

• (1) If a person discloses any information relating to any trade secret used in carrying on any particular undertaking which has been given to him or obtained by him by virtue of this Act or in the exercise of a power in Schedule 5 to the Consumer Rights Act 2015 for the purposes of the duty in section 30(4) or (7) or 31(4)(a) of this Act, he shall, subject to subsection (2), be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (2) A person shall not be guilty of an offence under subsection (1) by reason of the disclosure of any information if the disclosure is made—

• (a) in the performance of his duty;

• (b) in pursuance of section 34(1)(b); or

• (c) with the consent of a person having a right to disclose the information.

Cumulative penalties on continuance of certain offences.

50

• (1) Where—

• (a) a person is convicted of an offence which is subject to cumulative penalties on continuance in accordance with this section; and

• (b) it is shown to the satisfaction of the court that the offence was substantially a repetition or continuation of an earlier offence by him after he had been convicted of the earlier offence,

the penalty provided by subsection (2) shall apply instead of the penalty otherwise specified for the offence.

• (2) Where this subsection applies the person convicted shall be liable on summary conviction to a fine not exceeding—

• (a) level 5 on the standard scale; or

• (b) £50 for every day on which the earlier offence has been so repeated or continued by him within the three months next following his conviction of that offence,

whichever is the greater.

• (3) Where an offence is subject to cumulative penalties in accordance with this section—

• (a) the court by which a person is convicted of the original offence may fix a reasonable period from the date of conviction for compliance by the defendant with any directions given by the court; and

• (b) where a court has fixed such a period, the daily penalty referred to in subsection (2) is not recoverable in respect of any day before the end of that period.

Duty to notify occupiers of offences.

51

• (1) If, in the opinion of an authorised officer of the local authority—

• (a) an offence is being or has been committed under section 1 or 2 (prohibition of certain emissions of smoke); ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

he shall, unless he has reason to believe that notice of it has already been given by or on behalf of the local authority, as soon as may be notify the appropriate person, and, if his notification is not in writing, shall before the end of the four days next following the day on which he became aware of the offence, confirm the notification in writing.

• (2) For the purposes of subsection (1), the appropriate person to notify is the occupier of the premises, the person having possession of the boiler or plant, the owner of the railway locomotive engine or the owner or master or other officer or person in charge of the vessel concerned, as the case may be.

• (3) In any proceedings for an offence under section 1 or 2 it shall be a defence to prove that the provisions of subsection (1) have not been complied with in the case of the offence; and if no such notification as is required by that subsection has been given before the end of the four days next following the day of the offence, that subsection shall be taken not to have been complied with unless the contrary is proved.

Offences committed by bodies corporate.

52

• (1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a body corporate are managed by its members this section shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Offence due to act or default of another.

53

• (1) Where the commission by any person of an offence under this Act is due to the act or default of some other person, that other person shall be guilty of the offence.

• (2) A person may be charged with and convicted of an offence by virtue of this section whether or not proceedings for the offence are taken against any other person.

Power of county court to authorise works and order payments.

54

• (1) If works are reasonably necessary in or in connection with a building in order to enable the building to be used for some purpose without contravention of any of the provisions of this Act (apart from Parts IV and V), the occupier of the building—

• (a) may, if by reason of a restriction affecting his interest in the building he is unable to carry out the works without the consent of the owner of the building or some other person interested in the building and is unable to obtain that consent, apply to the county court for an order to enable the works to be carried out by him; and

• (b) may, if he considers that the whole or any proportion of the cost of carrying out the works should be borne by the owner of the building or some other person interested in the building, apply to the county court for an order directing the owner or other person to indemnify him, either wholly or in part, in respect of that cost;

and on an application under paragraph (a) or (b) the court may make such order as may appear to the court to be just.

• (2) In the application of this section to Scotland for any reference to the county court there shall be substituted a reference to the sheriff.

General provisions as to enforcement.

55

• (1) It shall be the duty of the local authority to enforce—

• (a) the provisions of Parts I to III, section 33 and Part VI; and

• (b) the provisions of this Part so far as relating to those provisions;

but nothing in this section shall be taken as extending to the enforcement of any building regulations.

• (2) A local authority in England and Wales may institute proceedings for an offence under section 1 or 2 (prohibition of emissions of dark smoke) in the case of any smoke which affects any part of their district notwithstanding, in the case of an offence under section 1, that the smoke is emitted from a chimney outside their district and, in the case of an offence under section 2, that the smoke is emitted from premises outside their district.

• (3) Nothing in this section shall be taken as authorising a local authority in Scotland to institute proceedings for an offence against this Act.

Rights of entry and inspection etc.

56

• (1) Any person authorised in that behalf by a local authority may at any reasonable time—

• (a) enter upon any land or vessel for the purpose of—

• (i) performing any function conferred on the authority or that person by virtue of this Act,

• (ii) determining whether, and if so in what manner, such a function should be performed, or

• (iii) determining whether any provision of this Act or of an instrument made under this Act is being complied with; and

• (b) carry out such inspections, measurements and tests on the land or vessel or of any articles on it and take away such samples of the land or articles as he considers appropriate for such a purpose.

• (2) Subsection (1) above does not, except in relation to work under section 24(1) (adaptations to dwellings in smoke control area), apply in relation to a private dwelling

• (2) Subsection (1) does not apply in relation to a private dwelling except in relation to—

• (a) a private dwelling in relation to which adaptations are required under section 24(1), or

• (b) a private dwelling that is a vessel in relation to which there is a duty to make payments under section 26A(3).

• (3) If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

• (a) that admission to any land or vessel which a person is entitled to enter in pursuance of subsection (1) has been refused to that person or that refusal is apprehended or that the land or vessel is unoccupied or that the occupier is temporarily absent or that the case is one of emergency or that an application for admission would defeat the object of the entry; and

• (b) that there is reasonable ground for entry upon the land or vessel for the purpose for which entry is required,

then, subject to subsection (4), the justice may by warrant under his hand authorise that person to enter the land or vessel, if need be by force.

• (4) A justice of the peace shall not issue a warrant in pursuance of subsection (3) in respect of any land or vessel unless he is satisfied—

• (a) that admission to the land or vessel in pursuance of subsection (1) was sought after not less than seven days notice of the intended entry had been served on the occupier; or

• (b) that admission to the land or vessel in pursuance of that subsection was sought in an emergency and was refused by or on behalf of the occupier; or

• (c) that the land or vessel is unoccupied; or

• (d) that an application for admission to the land or vessel would defeat the object of the entry.

• (5) A warrant issued in pursuance of this section shall continue in force until the purpose for which the entry is required has been satisfied.

• (6) In the application of this section to Scotland—

• (a) any reference to a justice of the peace shall be construed as including a reference to the sheriff; and

• (b) in subsection (3) for “on sworn information in writing” there is substituted “ by evidence on oath ”.

• (7) This section does not apply in relation to—

• (a) a function conferred on a local authority by Part 4, or

• (b) a provision of an instrument made under that Part.

Provisions supplementary to section 56.

57

• (1) A person authorised to enter upon any land or vessel in pursuance of section 56 shall, if so required, produce evidence of his authority before he enters upon the land or vessel.

• (2) A person so authorised may take with him on to the land or vessel in question such other persons and such equipment as may be necessary.

• (3) Admission to any land or vessel used for residential purposes and admission with heavy equipment to any other land or vessel shall not, except in an emergency or in a case where the land or vessel is unoccupied, be demanded as of right in pursuance of section 56(1) unless notice of the intended entry has been served on the occupier not less than seven days before the demand.

• (4) A person who, in the exercise of powers conferred on him by virtue of section 56 or this section, enters upon any land or vessel which is unoccupied or of which the occupier is temporarily absent shall leave the land or vessel as effectually secured against unauthorised entry as he found it.

• (5) It shall be the duty of a local authority to make full compensation to any person who has sustained damage by reason of—

• (a) the exercise by a person authorised by the authority of any of the powers conferred on the person so authorised by virtue of section 56 or this section; or

• (b) the failure of a person so authorised to perform the duty imposed on him by subsection (4),

except where the damage is attributable to the default of the person who sustained it; and any dispute as to a person’s entitlement to compensation in pursuance of this subsection or as to the amount of the compensation shall be determined by arbitration.

• (6) A person who wilfully obstructs another person acting in the exercise of any powers conferred on the other person by virtue of section 56 or this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (7) In section 56 and this section any reference to an emergency is a reference to a case where a person requiring entry to any land or vessel has reasonable cause to believe that circumstances exist which are likely to endanger life or health and that immediate entry to the land or vessel is necessary to verify the existence of those circumstances or to ascertain their cause or to effect a remedy.

Power of local authorities to obtain information.

58

• (1) A local authority may serve on any person a notice requiring him to furnish to the authority, within a period or at times specified in the notice and in a form so specified, any information so specified which the authority reasonably considers that it needs for the purposes of any function conferred on the authority by Part ... V of this Act (or by this Part of this Act so far as relating to that Part ).

• (2) The Secretary of State may by regulations provide for restricting the information which may be required in pursuance of subsection (1) and for determining the form in which the information is to be so required.

• (3) Any person who—

• (a) fails without reasonable excuse to comply with the requirements of a notice served on him in pursuance of this section; or

• (b) in furnishing any information in compliance with such a notice, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Inquiries.

59

• (1) The Secretary of State may cause an inquiry to be held in any case in which he considers it appropriate for an inquiryto be held either in connection with a provision of this Act or with a view to preventing or dealing with air pollution at any place.

• (2) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (which contains supplementary provisions with respect to local inquiries held in pursuance of that section) shall, without prejudice to the generality of subsection (1) of that section, apply to inquiries in England and Wales in pursuance of subsection (1) as they apply to inquiries in pursuance of that section.

• (3) Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (local inquiries) shall, without prejudice to the generality of subsection (1) of that section, apply to inquiries in Scotland in pursuance of subsection (1) as they apply to inquiries held in pursuance of that section.

Default powers.

60

• (1) If the Secretary of State is satisfied that any local authority (in this section referred to as the “defaulting authority”) have failed to perform any functions which they ought to have performed, he may make an order—

• (a) declaring the authority to be in default; and

• (b) directing the authority to perform such of their functions as are specified in the order;

and he may specify the manner in which and the time or times within which those functions are to be performed by the authority.

• (2) If the defaulting authority fails to comply with any direction contained in such an order, the Secretary of State may, instead of enforcing the order by mandamus, make an order transferring to himself such of the functions of the authority as he thinks fit.

• (3) Where any functions of the defaulting authority are transferred in pursuance of subsection (2) above, the amount of any expenses which the Secretary of State certifies were incurred by him in performing those functions shall on demand be paid to him by the defaulting authority.

• (4) Where any expenses are in pursuance of subsection (3) required to be paid by the defaulting authority in respect of any functions transferred in pursuance of this section—

• (a) the expenses shall be defrayed by the authority in the like manner, and shall be debited to the like account, as if the functions had not been transferred and the expenses had been incurred by the authority in performing them; and

• (b) the authority shall have the like powers for the purpose of raising any money required for the purpose of paragraph (a) as the authority would have had for the purpose of raising money required for defraying expenses incurred for the purposes of the functions in question.

• (5) An order transferring any functions of the defaulting authority in pursuance of subsection (2) may provide for the transfer to the Secretary of State of such of the property, rights, liabilities and obligations of the authority as he considers appropriate; and where such an order is revoked the Secretary of State may, by the revoking order or a subsequent order, make such provision as he considers appropriate with respect to any property, rights, liabilities and obligations held by him for the purposes of the transferred functions.

• (6) An order made under this section may be varied or revoked by a subsequent order so made.

• (7) This section does not apply to a failure by a local authority—

• (a) to discharge their functions under section 18 (declaration of smoke control areas);

• (b) to submit proposals to the Secretary of State in pursuance of a direction under subsection (1) of section 19 (Secretary of State’s power to require creation of smoke control area); or

• (c) to perform a duty imposed on them by or by virtue of subsection (4) or (6) of that section.

• (8) In this section “functions”, in relation to an authority, means functions conferred on the authority by virtue of this Act.

Joint exercise of local authority functions.

61

• (1) Sections 6, 7, 9 and 10 of the Public Health Act 1936 (provisions relating to joint boards) shall, so far as applicable, have effect in relation to this Act as if the provisions of this Act were provisions of that Act.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Without prejudice to subsections (1) and (2), any two or more local authorities may combine for the purpose of declaring an area to be a smoke control area and in that event—

• (a) the smoke control area may be the whole of the districts of those authorities or any part of those districts;

• (b) the references in section 18, Schedule 1 and paragraph 1 of Schedule 2 and Schedule 1 to the local authority shall be read as references to the local authorities acting jointly;

• (c) the reference in paragraph 1 of Schedule 1 to a place in the district of the local authority shall be construed as a reference to a place in each of the districts of the local authorities;

but, except as provided in this subsection, references in this Act to the local authority shall, in relation to a building or dwelling, or to a boiler or industrial plant, in the smoke control area, be read as references to that one of the local authorities within whose district the building, dwelling, boiler or plant is situated.

• (4) For the avoidance of doubt it is hereby declared that where a port health authority or joint board has functions, rights or liabilities under this Act—

• (a) any reference in this Act to a local authority or its district includes, in relation to those functions, rights or liabilities, a reference to the port health authority or board or its district;

• (b) for the purposes of this Act, no part of the district of any such port health authority or board is to be treated, in relation to any matter falling within the competence of the authority or board, as forming part of the district of any other authority.

• (5) Any premises which extend into the districts of two or more authorities shall be treated for the purposes of this Act as being wholly within such one of those districts—

• (a) in England and Wales, as may from time to time be agreed by those authorities; or

• (b) in Scotland, as may from time to time be so agreed or, in default of agreement, determined by the Secretary of State.

Application of certain provisions of Part XII of Public Health Act 1936 and corresponding Scottish legislation.

62

• (1) In the application of this Act to England and Wales, the following provisions of Part XII of the Public Health Act 1936 shall have effect in relation to the provisions of this Act (apart from Parts IV and V) as if those provisions were provisions of that Act—

• (2) In the application of this Act to Scotland—

• (a) the following enactments shall have effect in relation to the provisions of this Act (apart from Parts IV and V) as if those provisions were provisions of the Act in which that enactment is comprised—

• (i) in the Public Health (Scotland) Act 1897, section 161 (joint owners) and section 164 (compensation); and

• (ii) in the Housing (Scotland) Act 1987, section 131 and Schedule 9 (charging orders), section 319 (penalty for preventing execution of works), section 325 (furnishing information for service of documents), section 329 (default powers), section 330 (form of notices) and section 336 (limitation on liability of trustee);

• (b) for the purposes of the application of section 329 of the Housing (Scotland) Act 1987 by virtue of paragraph (a) above, subsections (1) and (3) of section 196 of the Housing (Scotland) Act 1966 shall apply to section 329 as they originally applied to the provisions which it re-enacted;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

• (d) section 319 of that Act (penalty for preventing execution of works) shall have effect as if subsection (1) of that section included a reference to this Act (apart from Parts IV and V) and as if sub-paragraphs (b) and (c) were omitted.

General

Regulations and orders.

63

• (1) Any power of the Secretary of State under this Act to make an order or regulations—

• (a) includes power to make different provision in the order or regulations for different circumstances;

• (b) includes power to make such incidental, supplemental and transitional provision as the Secretary of State considers appropriate; and

• (c) is exercisable by statutory instrument except in the case of the powers conferred by sections 19(4) and 60 and paragraph 3 of Schedule 3.

• (2) Any statutory instrument containing regulations made under this Act by the Secretary of State, except an instrument containing regulations a draft of which is required by section 6(3), 10(5) or 47(2) or paragraph 3(4) or 4(6) of Schedule 1A to be approved by a resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2A) Any statutory instrument containing regulations made under this Act by the Welsh Ministers, except an instrument containing regulations a draft of which is required by section 6(3), 10(5) or 47(2) or paragraph 3(5) or 4(7) of Schedule 1A to be approved by a resolution of Senedd Cymru, is subject to annulment in pursuance of a resolution of Senedd Cymru.

• (3) Any statutory instrument containing an order under section 19C ... shall be subject to annulment in pursuance of a resolution of either House of Parliament.

General provisions as to interpretation.

64

• (1) In this Act, except so far as the context otherwise requires,—

• “authorised officer” means any officer of a local authority authorised by them in writing, either generally or specially, to act in matters of any specified kind or in any specified matter;

• “building regulations” means, as respects Scotland, any statutory enactments, byelaws, rules and regulations or other provisions under whatever authority made, relating to the construction, alteration or extension of buildings;

• “caravan” means a caravan within the meaning of Part I of the Caravan Sites and Control of Development Act 1960, disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968, which usually and for the time being is situated on a caravan site within the meaning of that Act;

• “chimney” includes structures and openings of any kind from or through which smoke, grit, dust or fumes may be emitted, and, in particular, includes flues, and references to a chimney of a building include references to a chimney which serves the whole or a part of a building but is structurally separate from the building;

• “dark smoke” has the meaning given by section 3(1);

• “day” means a period of twenty-four hours beginning at midnight;

• “domestic furnace” means any furnace which is—designed solely or mainly for domestic purposes, andused for heating a boiler with a maximum heating capacity of less than 16.12 kilowatts;

• “fireplace” includes any furnace, grate or stove, whether open or closed;

• “fixed boiler or industrial plant” means any boiler or industrial plant which is attached to a building or is for the time being fixed to or installed on any land;

• “fumes” means any airborne solid matter smaller than dust;

• “industrial plant” includes any still, melting pot or other plant used for any industrial or trade purposes, and also any incinerator used for or in connection with any such purposes;

• “local authority” means—in England . . ., the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple;in Wales, the council of a county or county borough;in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• “owner”, in relation to premises—as respects England and Wales, means the person for the time being receiving the rackrent of the premises, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises were let at a rackrent; andas respects Scotland, means the person for the time being entitled to receive or who would, if the premises were let, be entitled to receive, the rents of the premises and includes a trustee, factor, or person entitled to act as the legal representative of a person under disablilty by reason of nonage or mental or other incapacity and, in the case of public or municipal property, includes the persons to whom the management of the property is entrusted;

• “port health authority” means, as respects Scotland, a port local authority constituted under Part X of the Public Health (Scotland) Act 1897 and includes a reference to a joint port health authority constituted under that Part;

• “practicable” means reasonably practicable having regard, amongst other things, to local conditions and circumstances, to the financial implications and to the current state of technical knowledge, and “practicable means” includes the provision and maintenance of plant and its proper use;

• “premises” includes land;

• “smoke”, includes soot, ash, grit and gritty particles emitted in smoke; and

• “vessel” has the same meaning as ship in the Merchant Shipping Act 1995.

• (2) Any reference in this Act to the occupier of a building shall, in relation to any building different parts of which are occupied by different persons, be read as a reference to the occupier or other person in control of the part of the building in which the relevant fireplace is situated.

• (3) In this Act any reference to the rate of emission of any substance or any reference which is to be understood as such a reference shall, in relation to any regulations or conditions, be construed as a reference to the quantities of that substance which may be emitted during a period specified in the regulations or conditions.

• (4) In this Act, except so far as the context otherwise requires, “private dwelling” means any building or part of a building used or intended to be used as such, and a building or part of a building is not to be taken for the purposes of this Act to be used or intended to be used otherwise than as a private dwelling by reason that a person who resides or is to reside in it is or is to be required or permitted to reside in it in consequence of his employment or of holding an office.

• (5) In considering for the purposes of this Act whether any and, if so, what works are reasonably necessary in order to make suitable provision for heating and cooking in the case of a dwelling or are reasonably necessary in order to enable a building to be used for a purpose without contravention of any of the provisions of this Act, regard shall be had to any difficulty there may be in obtaining, or in obtaining otherwise than at a high price, any fuels which would have to be used but for the execution of the works.

• (6) Any furnaces which are in the occupation of the same person and are served by a single chimney shall, for the purposes of sections 5 to 12, 14 and 15, be taken to be one furnace.

Application to Isles of Scilly.

65

Parts IV and V, and this Part so far as relating to those Parts, shall have effect in their application to the Isles of Scilly with such modifications as the Secretary of State may by order specify.

Transitory provisions relating to Alkali, &c. Works Regulation Act 1906.

66

• (1) Until the coming into force of the repeal by the Environmental Protection Act 1990 of the Alkali, &c. Works Regulation Act 1906—

• (a) Part I of Schedule 3 shall have effect;

• (b) this Act shall have effect subject to the modifications in Part II of that Schedule; and

• (c) the Alkali, &c. Works Regulation Act 1906 shall continue to have effect as amended by Schedule 2 to the Clean Air Act 1956 notwithstanding the repeal by this Act of the last-mentioned Act.

• (2) On the coming into force of the repeal by the Environmental Protection Act 1990 of the Alkali, &c. Works Regulation Act 1906, this section and Schedule 3 shall cease to have effect.

Consequential amendments, transitional provisions and repeals.

67

• (1) The enactments specified in Schedule 4 shall have effect subject to the amendments set out in that Schedule, being amendments consequential on the preceding provisions of this Act.

• (2) The transitional provisions and savings contained in Schedule 5 (which include provisions preserving the effect of transitional or saving provisions in enactments repealed by this Act) shall have effect.

• (3) The enactments specified in Schedule 6 (which include spent enactments) are repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent.

68

• (1) This Act may be cited as the Clean Air Act 1993.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The following provisions of this Act (apart from this section) extend to Northern Ireland—

• (a) section 30;

• (b) section 32 so far as it relates to regulations under section 30; and

• (c) section 67(3) and Schedule 6, so far as they relate to the repeal of sections 75 and 77 of the Control of Pollution Act 1974;

but otherwise this Act does not extend to Northern Ireland.

SCHEDULE 1 — Coming into Operation of Smoke Control Orders

1

Before making a smoke control order the local authority shall publish in the London Gazette and once at least in each of two successive weeks in some newspaper circulating in the area to which the order will relate a notice—

• (a) stating that the local authority propose to make the order, and its general effect;

• (b) specifying a place in the district of the local authority where a copy of the order and of any map or plan referred to in it may be inspected by any person free of charge at all reasonable times during a period of not less than six weeks from the date of the last publication of the notice; and

• (c) stating that within that period any person who will be affected by the order may by notice in writing to the local authority object to the making of the order.

1A

If the local authority is in Wales, it must also publish the notice electronically and keep it published throughout the period mentioned in paragraph 1(b).

1B

The requirement in paragraph 1A to publish the notice electronically is a requirement to publish the notice on the local authority’s website, if it has one.

2

Besides publishing such a notice, the local authority shall post, and keep posted throughout the period mentioned in paragraph 1(b), copies of the notice in such number of conspicuous places within the area to which the order will relate as appear to them necessary for the purpose of bringing the proposal to make the order to the notice of persons who will be affected.

3

If an objection is duly made to the local authority within the period mentioned in paragraph 1(b), and is not withdrawn, the local authority shall not make the order without first considering the objection.

4

Subject to paragraphs 5 and 6, an order shall come into operation on such date not less than six months after it is made as may be specified in it.

5

An order varying a previous order so as to exempt specified buildings or classes of building or specified fireplaces or classes of fireplace from the operation of Schedule 1A (penalty for emission of smoke in England or Wales) may come into operation on, or at any time after, the date on which it is made.

6

If, before the date on which the order is to come into operation, the local authority—

• (a) pass a resolution postponing its coming into operation; and

• (b) publish a notice stating the effect of the resolution in the London Gazette and once at least in each of two successive weeks in some newspaper circulating in the area to which the order will relate,

the order shall, unless its coming into operation is again postponed under this paragraph, come into operation on the date specified in the resolution.

6A

When a local authority in England has made an order, the authority must—

• (a) inform the Secretary of State that it has done so, and

• (b) provide the date on which the order is to come, or came, into operation.

6B

When a local authority in Wales has made an order, the authority must—

• (a) inform the Welsh Ministers that it has done so, and

• (b) provide the date on which the order is to come, or came, into operation.

7

In the application of this Schedule to Scotland, for any reference to the London Gazette there shall be substituted a reference to the Edinburgh Gazette.

SCHEDULE 1A — Penalty for emission of smoke in smoke control area in England or Wales

Key definitions

1

In this Schedule—

• “relevant chimney” means—a chimney of a building to which a smoke control order in England or in Wales applies, ora chimney which serves the furnace of any fixed boiler or industrial plant to which a smoke control order in England or in Wales applies;

• “person liable”, in relation to a relevant chimney, means—if the chimney is the chimney of a building, the occupier of the building, orif the chimney serves the furnace of any fixed boiler or industrial plant, the person having possession of the boiler or plant.

• “relevant national authority” means—in relation to a smoke control order in England, the Secretary of State;in relation to a smoke control order in Wales, the Welsh Ministers;

Notice of intent

2

• (1) This paragraph applies where a local authority is satisfied, on the balance of probabilities, that on a particular occasion smoke has been emitted from a relevant chimney within a smoke control area declared by that authority.

• (2) The local authority may give to the person liable a notice under this paragraph (a “notice of intent”).

• (3) A notice of intent must—

• (a) inform the person that the local authority is satisfied as specified in sub-paragraph (1),

• (b) specify the occasion referred to in sub-paragraph (1),

• (c) inform the person that the local authority proposes to impose a financial penalty under this Schedule (including the proposed amount of the penalty), and

• (d) give details regarding the person’s right to object to the imposition of a financial penalty.

Amount of penalty

3

• (1) The minimum amount of a financial penalty that may be imposed under this Schedule is £175.

• (2) The maximum amount of a financial penalty that may be imposed under this Schedule is £300.

• (3) The relevant national authority may by regulations amend sub-paragraph (1) or (2) so as to substitute a different amount for the amount specified there.

• (4) Regulations under sub-paragraph (3) may not be made by the Secretary of State unless a draft of the regulations has been laid before, and approved by resolution of, each House of Parliament.

• (5) Regulations under sub-paragraph (3) may not be made by the Welsh Ministers unless a draft of the regulations has been laid before, and approved by a resolution of, Senedd Cymru.

Right to object to proposed financial penalty

4

• (1) A person to whom a notice of intent is given may, within the period of 28 days beginning with the day after that on which the notice was given—

• (a) object in writing to the local authority on a ground specified in sub-paragraph (2), and

• (b) provide evidence that supports the objection.

• (2) The grounds of objection referred to in sub-paragraph (1) are—

• (a) that there was no emission of smoke from the chimney on the occasion specified in the notice of intent;

• (b) that the chimney was not a chimney to which a smoke control order applied on the occasion specified in the notice of intent;

• (c) that the person to whom the notice of intent was given was not a person liable in relation to the chimney on the occasion specified in the notice of intent;

• (d) that there are other compelling reasons why the financial penalty should not be imposed.

• (3) Where a person objects on the ground specified in sub-paragraph (2)(c), the objection must include the name and address of the person who was the person liable on the occasion specified in the notice of intent (if known).

• (4) The the relevant national authority may by regulations amend this paragraph so as to amend the grounds of objection listed in sub-paragraph (2).

• (5) Before making regulations under sub-paragraph (4) the the relevant national authority must consult anyone that the the relevant national authority considers may have an interest in the proposed regulations.

• (6) Regulations under sub-paragraph (4) may not be made by the Secretary of State unless a draft of the regulations has been laid before, and approved by resolution of, each House of Parliament.

• (7) Regulations under sub-paragraph (4) may not be made by the Welsh Ministers unless a draft of the regulations has been laid before, and approved by resolution of, Senedd Cymru.

Decision regarding a final notice

5

• (1) Where a local authority ... has given a notice of intent to a person, the authority may impose a financial penalty on the person if the local authority so decides within—

• (a) the period of 56 days beginning with the day on which an objection is made under paragraph 4, or

• (b) if no such objection is made, the period of 56 days beginning with the day after the day on which the period mentioned in paragraph 4(1) ended.

• (2) If the local authority decides not to impose a financial penalty on a person, or does not decide to impose a financial penalty on the person within the period specified in sub-paragraph (1), the authority must give a notice to that person that informs the person that a financial penalty will not be imposed.

Final notice

6

• (1) This paragraph applies where a local authority ... decides to impose a financial penalty on a person who was given a notice of intent.

• (2) The local authority may impose a financial penalty by a notice given to that person (a “final notice”).

• (3) A final notice must specify—

• (a) the amount of the financial penalty,

• (b) the reasons for imposing the penalty,

• (c) information about how to pay the penalty,

• (d) the period for payment of the penalty, and

• (e) information about rights of appeal.

• (4) The final notice must require the financial penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given.

Withdrawal or amendment of notices

7

• (1) A local authority may at any time—

• (a) withdraw a notice of intent or a final notice, or

• (b) reduce the amount of the financial penalty specified in a final notice.

• (2) The power in sub-paragraph (1) is to be exercised by giving notice to the person to whom the notice of intent or final notice was given.

Appeals

8

• (1) A person on whom a financial penalty is imposed by a final notice may, within the period of 28 days beginning with the day after that on which the notice was given, appeal against the notice to the First-tier Tribunal.

• (2) The grounds for an appeal under this paragraph are that the decision to impose the financial penalty was—

• (a) based on an error of fact,

• (b) wrong in law, or

• (c) unreasonable.

• (3) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn.

• (4) On an appeal under this paragraph the First-tier Tribunal may—

• (a) quash the final notice,

• (b) confirm the final notice,

• (c) vary the final notice by reducing the amount of the financial penalty, or

• (d) remit to the local authority the decision whether to—

• (i) withdraw or confirm the final notice, or

• (ii) vary the final notice by reducing the amount of the financial penalty.

Recovery of penalties

9

A financial penalty is recoverable as a civil debt due to the local authority that imposed the penalty.

Delegation

10

• (1) A local authority may delegate to a person the exercise of any of the authority’s functions under this Schedule.

• (2) A delegation under this paragraph must be made by giving notice to the person.

Notices

11

• (1) A notice under this Schedule must be in writing.

• (2) A notice under this Schedule may be given to a person by—

• (a) handing it to the person,

• (b) leaving it at the person’s address,

• (c) sending it by post to the person at their address, or

• (d) with the person’s consent, sending it to them electronically.

Notices: vessels which are moored

12

• (1) This paragraph applies in relation to a vessel which is moored in a smoke control area in England and is subject to the operation of this Schedule (see section 44).

• (2) If the local authority is unable to give a notice of intent to the occupier of the vessel who is not the registered owner of the vessel, the local authority may give the notice to the registered owner of the vessel instead.

• (3) In such a case, the ground for objecting to the proposed financial penalty mentioned in paragraph 4(2)(c) does not apply.

• (4) Where a notice of intent is given to a person in respect of a vessel, that person may object under paragraph 4 on the further ground that, on the occasion specified in the notice, the emission of smoke was solely due to the use of the vessel’s engine to propel the vessel or to provide electric power to the vessel.

SCHEDULE 2 — Smoke control orders: expenditure on old private dwellings

Grants for expenditure incurred in adaptation of fireplaces

1

• (1) This paragraph applies if, after the making of a smoke control order by a local authority, the owner or occupier of, or any person interested in, an old private dwelling which is or will be within a smoke control area as a result of the order incurs relevant expenditure.

• (2) For the purposes of this paragraph “relevant expenditure” is expenditure on adaptations in or in connection with an old private dwelling to avoid contraventions of section 20 (prohibition of smoke emissions in smoke control area) which—

• (a) is incurred before the coming into operation of the order and with the approval of the local authority given for the purposes of this paragraph; or

• (b) is reasonably incurred in carrying out adaptations required by a notice given under section 24(1) (power of local authority to require certain adaptations).

• (3) If the adaptations in question are carried out to the satisfaction of the local authority, the local authority—

• (a) shall repay to him seven-tenths of the relevant expenditure; and

• (b) may, if they think fit, also repay to him the whole or any part of the remainder of that expenditure.

• (4) Where relevant expenditure is incurred by the occupier of a private dwelling who is not an owner of the dwelling and the adaptations in question consist of or include the provision of any cooking or heating appliance which can be readily removed from the dwelling without injury to itself or the fabric of the dwelling, the following provisions shall have effect as respects so much of the expenditure as represents the cost of the appliance, that is to say—

• (a) not more than seven-twentieths of that part of that expenditure shall be repaid until two years from the coming into operation of the order; and

• (b) any further repayment of that part of that expenditure shall be made only if the appliance has not by then been removed from the dwelling and, if made, shall be made to the person who is the occupier of the dwelling at the end of the two years.

• (5) The approval of a local authority to the incurring of expenditure may be given for the purposes of this paragraph, if the authority think fit in the circumstances of any particular case, after the expenditure has been incurred.

• (6) This paragraph has effect subject to paragraph 4.

Exclusion of grants in case of unsuitable appliances

2

For the purposes of this Schedule, an appliance is unsuitable for installation in any area or (as the case may be) in any district or part of Great Britain if it tends, by reason of its consumption of fuel (of whatever kind) or its consumption of fuel at times when it is generally used, to impose undue strain on the fuel resources available for that area, district or part.

3

• (1) Sub-paragraph (2) applies if—

• (a) after a local authority have resolved to make a smoke control order declaring a smoke control area (not being an order varying a previous order so made); and

• (b) before notice of the making of the order is first published in accordance with Schedule 1,

the authority pass a resolution designating any class of heating appliance as being, in their opinion, unsuitable for installation in that area.

• (2) No payment shall be made by the authority under paragraph 1 in respect of expenditure incurred in providing, or in executing works for the purpose of the installation of, any heating appliance of the class designated by the resolution in or in connection with a dwelling within the area to which the order relates.

• (3) No payment shall be made under paragraph 1 by a local authority in respect of expenditure incurred in providing, or in executing works for the purpose of the installation of, any heating appliance which, when the expenditure was incurred, fell within any class of appliance for the time being designated for the purposes of this paragraph by the Secretary of State as being in his opinion—

• (a) unsuitable for installation in the district of that authority; or

• (b) generally unsuitable for installation in the part of Great Britain with which the Secretary of State is concerned,

unless the approval of the local authority in respect of that expenditure was given for the purposes of paragraph 1 at a time when the appliance in question did not fall within any class of appliance so designated.

• (4) Retrospective approval of expenditure may only be given by a local authority by virtue of paragraph 1(5) in the case of expenditure incurred in providing, or in executing works for the purpose of the installation of, a heating appliance, if the appliance—

• (a) did not at the time when the expenditure was incurred; and

• (b) does not when the approval is given,

fall within a class of appliance for the time being designated by the Secretary of State for the purposes of this paragraph as regards the district of that authority or generally.

• (5) In accordance with the preceding provisions of this Schedule, expenditure within sub-paragraph (3) or (4) shall be left out of account for the purposes of paragraph 1.

Exchequer contributions to certain expenditure

4

• (1) The Secretary of State may, out of money provided by Parliament, make a contribution towards the following expenses, of any local authority (if approved by him), that is to say—

• (a) any expenses of the local authority in making payments under paragraph 1;

• (b) any expenses incurred by them in making, in or in connection with old private dwellings owned by them or under their control, adaptations to avoid contraventions of section 20; and

• (c) any expenses incurred by them in carrying out adaptations required by notices under section 24 in or in connection with old private dwellings.

• (2) A contribution under this paragraph in respect of any expenses shall be a single payment equal—

• (a) in the case of expenses mentioned in sub-paragraph (1)(a), to four-sevenths of the amount of the expenses;

• (b) in the case of expenses mentioned in sub-paragraph (1)(b), to two-fifths of the amount of the expenses; and

• (c) in the case of expenses mentioned in sub-paragraph (1)(c), to four-sevenths of the amount arrived at by deducting the recoverable amount from the amount of those expenses.

• (3) In sub-paragraph (2)(c), “the recoverable amount” means, in relation to any expenses, the fraction of those expenses (whether three-tenths or some smaller fraction determined by the local authority, in the case of those expenses, under section 24(2) or (3)) which the local authority have power to recover from the occupier or owner by virtue of section 24(2) or (3).

SCHEDULE 3 — Provisions having effect until repeal of Alkali, &c Works Regulation Act 1906

Part I — Relation of this Act to Alkali, &c. Works Regulation Act 1906

1

• (1) In this Part of this Schedule—

• “the Alkali Act” means the Alkali, &c. Works Regulation Act 1906; and

• “work subject or potentially subject to the Alkali Act” means—so much of any work registered under section 9 of that Act as is directly concerned in the processes which necessitate its registration under that section; andso much of any work in the course of erection or alteration as will on completion of the erection or alteration be directly concerned in such processes.

• (2) The Secretary of State may from time to time determine how much of any work mentioned in sub-paragraph (1) is or will be directly concerned as there mentioned and his determination shall, until revoked or varied by him, be conclusive.

2

Subject to paragraphs 3 and 4, Parts I to III of this Act shall not apply to any work subject or potentially subject to the Alkali Act.

3

If, on the application of the local authority, the Secretary of State is satisfied that in all the circumstances it is expedient to do so, he may by order exclude the application of paragraph 2 to the whole or any specified part of any work subject or potentially subject to the Alkali Act.

4

While, by virtue of an order under paragraph 3 above, paragraph 2 is excluded from applying to any work or to any specified part of any work—

• (a) in any proceedings brought under section 1, 2 or 20 in respect of the emission of smoke from the work or (as the case may be) from the specified part of the work it shall be a defence to prove that the best practicable means had been employed to prevent or minimise the alleged emission;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Any order made under paragraph 3 may be varied or revoked by a subsequent order of the Secretary of State.

6

Nothing in section 55 shall be taken as extending to the enforcement of any of the provisions of the Alkali Act.

Part II — Modifications of this Act

7

In section 31(4)—

• (a) in paragraph (a), after “1990” there is inserted “ or a work subject to the Alkali Act ”; and

• (b) for paragraph (b) there is substituted—

(b) of the inspectors appointed under Part I of the Environmental Protection Act 1990 or, as the case may be, under the Alkali Act, to enforce those provisions in relation to such furnaces;

8

In section 33(1), after “1990” there is inserted “ or the place at which he does so is a work registered in pursuance of section 9 of the Alkali, &c. Works Regulation Act 1906 ”.

9

In section 35(3), after “1990” there is inserted “ or any work subject to the Alkali Act ”.

10

In section 36, after subsection (3) there is inserted—

(3A) If the notice relates to a work subject to the Alkali Act, the person on whom the notice is served shall not be obliged to supply any information which, as certified by an inspector appointed under that Act, is not of a kind which is being supplied to the inspector for the purposes of that Act.

11

At the end of section 40 there is inserted— “ and “the Alkali Act” means the Alkali, &c. Works Regulation Act 1906 and “a work subject to the Alkali Act” means a work registered under section 9 of the Alkali Act, excluding the whole or part of such a work while the work or part is the subject of an order made or treated as made under paragraph 3 of Schedule 3 to this Act. ”

SCHEDULE 4 — Consequential amendments

The Health and Safety at Work etc. Act 1974 (c. 37)

1

Section 80(1) of the Health and Safety at Work etc. Act 1974 shall apply to provisions in this Act which re-enact provisions previously contained in an Act passed before or in the same Session as that Act as it applies to provisions so contained.

The Control of Pollution Act 1974 (c. 40)

2

In section 96(1) of the Control of Pollution Act 1974 after “pollution” there is inserted “ other than air pollution ”.

The Public Health (Control of Disease) Act 1984 (c. 22)

3

In section 7(4) of the Public Health (Control of Disease) Act 1984 for paragraph (e) there is substituted—

(e) the Clean Air Act 1993;

The Environmental Protection Act 1990 (c. 43)

4

In section 79(7) of the Environmental Protection Act 1990—

• (a) for “the Clean Air Act 1956 or the Clean Air Act 1968” there is substituted “ the Clean Air Act 1993 ”; and

• (b) for “section 34(2) of the Clean Air Act 1956” there is substituted “ section 3 of the Clean Air Act 1993 ”.

The Atomic Weapons Establishment Act 1991 (c. 46)

5

In the Schedule to the Atomic Weapons Establishment Act 1991 after paragraph 10A there is inserted—

(10B) (1) Subsection (1) of section 46 of the Clean Air Act 1992 (Crown premises) shall have effect, in relation to emissions from designated premises, as if— (a) references to premises under the control of a government department which are occupied for the public service of the Crown included a reference to designated premises; and (b) references to the responsible Minister were references to the Secretary of State. (2) For the purposes of section 36 of that Act (notices requiring information about air pollution), designated premises, and persons at such premises, shall be treated as premises used for, or persons in, the public service of the Crown. (3) For all other purposes of that Act any such premises shall be treated as Crown premises occupied by a government department.

The Radioactive Substances Act 1993 (c. 12)

6

In Schedule 3 to the Radioactive Substances Act 1993—

• (a) for paragraph 2 there is substituted—

(2) Section 16 of the Clean Air Act 1993.

; and

• (b) for paragraph 12 there is substituted—

(12) Sections 16 and 17 of the Clean Air Act 1993.

SCHEDULE 5 — Transitional provisions

Part I — General transitional provisions and savings

Continuity of the law

1

The substitution of this Act for the enactments repealed by this Act does not affect the continuity of the law.

2

Any reference, whether express or implied, in this Act or any other enactment, instrument or document to a provision of this Act shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the enactments repealed by this Act has effect, a reference to that corresponding provision.

3

Any document made, served or issued after the commencement of this Act which contains a reference to any of the enactments repealed by this Act shall be construed, except so far as a contrary intention appears, as referring or, as the case may require, including a reference to the corresponding provision of this Act.

4

Paragraphs 2 and 3 have effect without prejudice to the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).

General saving for old transitional provisions and savings

5

• (1) The repeal by this Act of a transitional provision or saving relating to the coming into force of a provision reproduced in this Act does not affect the operation of the transitional provision or saving, in so far as it is not specifically reproduced in this Act but remains capable of having effect in relation to the corresponding provision of this Act.

• (2) The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

• (3) The repeal by this Act of a saving on the previous repeal of an enactment does not affect the operation of the saving in so far as it is not specifically reproduced in this Act but remains capable of having effect.

Part II — Exclusion and modification of certain provisions of this Act

Requirements to fit arrestment plant: sections 6 & 8

6

• (1) Section 6(1) (arrestment plant for new non-domestic furnaces) does not apply to a furnace which was installed, the installation of which began or an agreement for the purchase or installation of which was entered into before 1st October 1969 (which was the day appointed for the coming into force of the enactments replaced by section 6).

• (2) Subject to sub-paragraph (3), section 8(1) (arrestment plant for furnaces burning solid fuel in other cases) applies in relation to a furnace to which, by virtue of sub-paragraph (1), section 6 does not apply as it applies to a domestic furnace.

• (3) Section 8(1) does not apply to a furnace which was installed, the installation of which began or an agreement for the purchase or installation of which was entered into—

• (a) in relation to a furnace in England and Wales, before 1st June 1958 (which was the day appointed as respects England and Wales for the coming into force of the enactments replaced by section 8); and

• (b) in relation to a furnace in Scotland, before 15th November 1958 (which was the day so appointed as respects Scotland).

Height of chimneys for furnaces: section 14

7

• (1) Subject to sub-paragraph (2) below, section 14 (height of chimneys for furnaces) does not apply to any furnace served by a chimney the construction of which was begun or the plans for which were passed before 1st April 1969 (which was the day appointed for the coming into force of the enactments replaced by section 14).

• (2) Notwithstanding sub-paragraph (1), section 14 does apply to—

• (a) any furnace the combustion space of which has been increased on or after 1st April 1969; or

• (b) any furnace the installation of which was begun on or after that day and which replaces a furnace which had a smaller combustion space.

Smoke control orders

8

• (1) In relation to any smoke control order made by a local authority under section 18 of this Act which revokes or varies an order made under section 11 of the Clean Air Act 1956 before 13th November 1980 (which was the date of the passing of the Local Government, Planning and Land Act 1980, which amended section 11 of that Act to omit the requirement that an order made by a local authority should be confirmed by the Secretary of State) the provisions of this Act mentioned in the following provisions of this paragraph shall have effect subject to the modifications there mentioned.

• (2) In section 18—

• (a) in subsection (1) after the word “order” where it first appears there shall be inserted the words “ confirmed by the Secretary of State ”;

• (b) in subsection (3), after the word “order” where it first appears there shall be inserted the words “ confirmed by the Secretary of State ” and at the end there shall be inserted the words “ so confirmed ”; and

• (c) in subsection (4), after the words “to the” there shall be inserted the words “ confirmation and ”.

• (3) In section 26(1) and paragraph 1(1) of Schedule 2, for the word “making” there shall be substituted the word “ confirmation ”.

9

The provisions of Part III of this Schedule (which are derived from Schedule 1 to the Clean Air Act 1956 as that Schedule had effect immediately before the date mentioned in paragraph 8(1) of this Schedule) shall apply in substitution for Schedule 1 to this Act in relation to any such order; and references in this Act, as it applies in relation to any such order, to Schedule 1 to this Act or to any specified provision of that Schedule shall be read as referring to Part III of this Schedule or the corresponding provision of that Part (as the case may be).

Colliery spoilbanks: section 42

10

Subsections (2) to (4) of section 42 (colliery spoilbanks) shall not apply to any deposit of refuse deposited from a mine or quarry before 5th July 1956 (the date of the passing of the Clean Air Act 1956) if at that date the deposit was not longer in use as such and was not under the control of the owner of the mine or quarry.

Part III — Confirmation and coming into operation of certain smoke control orders

11

In this Part of this Schedule “order” means a smoke control order.

12

After making an order, the local authority shall publish in the London Gazette and also once at least in each of two successive weeks in some newspaper circulating in the area to which the order relates a notice—

• (a) stating that the order has been made and its general effect;

• (b) specifying a place in the district of the local authority where a copy of the order and of any map or plan referred to in the order may be inspected by any person free of charge at all reasonable times during a period of not less than six weeks from the date of the last publication of the notice; and

• (c) stating that within that period any person who will be affected by the order may by notice in writing to the Secretary of State object to the confirmation of the order.

12A

If the local authority is in Wales, it must also publish the notice electronically and keep it published throughout the period mentioned in paragraph 12(b)

12B

The requirement in paragraph 12A to publish the notice electronically is a requirement to publish the notice on the local authority’s website, if it has one.

13

Besides publishing a notice as required by paragraph 12 and (if relevant) paragraph 12A, the local authority who have made an order shall post, and keep posted throughout the period mentioned in that paragraph, copies of the notice in such number of conspicuous places within the area to which the order relates as appear to them necessary for the purpose of bringing the making of the order to the notice of persons affected.

14

If no objection is duly made to the Secretary of State within the period mentioned in paragraph 12(b), or if every objection so made is withdrawn, the Secretary of State may, if he thinks fit, confirm the order either with or without modifications.

15

In any case other than one within paragraph 14 the Secretary of State shall, before confirming the order, either—

• (a) cause a local inquiry to be held; or

• (b) afford to any person by whom an objection has been duly made in accordance with paragraph 12(c) and not withdrawn an opportunity of appearing before and being heard by a person appointed by him for the purpose;

and, after considering the objection and the report of the person who held the inquiry or the person so appointed, may confirm the order with or without modifications.

16

Section 250(2) to (5) of the Local Government Act 1972 (summoning of witnesses and production of documents before, and costs incurred at, local government inquiries held under that section) shall apply to an inquiry held under this Part of this Schedule by the Secretary of State as they apply to inquiries held under that section.

17

Subject to paragraphs 18 and 19, an order when confirmed shall come into operation on such date as may be specified in the order, not being earlier than six months from the date of the confirmation.

18

An order varying a previous order so as to exempt specified buildings or classes of building or specified fireplaces or classes of fireplace from the operation of section 18 may come into operation on, or at any time after, the date of its confirmation.

19

• (1) If, before the date on which an order is to come into operation, the local authority—

• (a) pass a resolution postponing its operation; and

• (b) publish a notice stating the effect of the resolution in the London Gazette and also once at least in each of two successive weeks in some newspaper circulating in the area to which the order relates;

the order shall, unless its coming into operation is again postponed under this paragraph, come into operation on the date specified in the resolution.

• (2) A local authority shall not without the consent of the Secretary of State exercise their power under sub-paragraph (1) of postponing the coming into operation of an order for a period of more than twelve months or for periods amounting in all to more than twelve months.

20

In the application of this Part of this Schedule to Scotland, for any reference to the London Gazette there shall be substituted a reference to the Edinburgh Gazette.

SCHEDULE 6 — Repeals

Chapter	Short title	Extent of repeal
4 & 5 Eliz. 2 c. 52.	The Clean Air Act 1956.	The whole Act.
1963 c. 33.	The London Government Act 1963.	Section 40(4)(e).In Schedule 11, paragraphs 30 and 31.
1964 c. 56.	The Housing Act 1964.	Section 95.
1968 c. 62.	The Clean Air Act 1968.	The whole Act.
1970 c. 38.	The Building (Scotland) Act 1970.	In Schedule 1, paragraph 5.
1972 c. 70.	The Local Government Act 1972.	Section 180(3)(f).
1973 c. 65.	The Local Government (Scotland) Act 1973.	In Schedule 15, paragraph 28.In Schedule 27, paragraph 128.
1974 c. 39.	The Consumer Credit Act 1974.	In Schedule 4, paragraphs 15 and 16.
1974 c. 40.	The Control of Pollution Act 1974.	Sections 75 to 84.Section 103.In section 109(3), the words “75, 77”.In Schedule 2, paragraphs 19, 26 and 27.In Schedule 3, paragraph 16.
1980 c. 65.	The Local Government, Planning and Land Act 1980.	Section 189.In Schedule 2, paragraphs 1 to 6 and 16.
1984 c. 55.	The Building Act 1984.	In Schedule 5, paragraph 2.In Schedule 6, paragraph 5.
1987 c. 26.	The Housing (Scotland) Act 1987.	In Schedule 23, paragraphs 6 and 14.
1989 c. 17.	The Control of Smoke Pollution Act 1989.	The whole Act.
1990 c. 43.	The Environmental Protection Act 1990.	Section 85.In Schedule 15, paragraphs 6, 7, 12 and 15(6) to (9).
1991 c. 46.	The Atomic Weapons Establishment Act 1991.	In the Schedule, paragraphs 4 and 8(1).

TABLE OF DERIVATIONS

Notes:

1897	= The Public Health (Scotland) Act 1897 (c. 38)
1936	= The Public Health Act 1936 (c. 49)
1956	= The Clean Air Act 1956 (c. 52)
1961	= The Public Health Act 1961 (c. 64)
1963	= The London Government Act 1963 (c. 33)
1964	= The Housing Act 1964 (c. 56)
1968	= The Clean Air Act 1968 (c. 62)
1970 c. 38	= The Building (Scotland) Act 1970 (c. 38)
1972 c. 70	= The Local Government Act 1972 (c. 70)
1973 c. 65	= The Local Government (Scotland) Act 1973 (c. 65)
1974	= The Control of Pollution Act 1974 (c. 40)
1974 c. 39	= The Consumer Credit Act 1974 (c. 39)
1975 c. 21	= The Criminal Procedure (Scotland) Act 1975 (c. 21)
1980	= The Local Government, Planning and Land Act 1980 (c. 65)
1980 c. 43	= The Magistrates’ Courts Act 1980 (c. 43)
1984 c. 55	= The Building Act 1984 (c. 55)
1987 c. 26	= The Housing (Scotland) Act 1987 (c. 26)
1989	= The Control of Smoke Pollution Act 1989 (c. 17)
1989 c. 29	= The Electricity Act 1989 (c. 29)
1990	= The Environmental Protection Act 1990 (c. 43)
S.I. 1974/2170	= The Clean Air Enactments (Repeals and Modifications) Regulations 1974 (S.I. 1974/2170)
S.I. 1992/36	= The Clean Air (Units of Measurement) Regulations 1992 (S.I. 1992/36)
R (followed by a number)	= The recommendation set out in the paragraph of that number in the Appendix to the Report of the Law Commission and the Scottish Law Commission (Cm 2085).