The Clean Air Act 1993
 

The Clean Air Act 1993

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The Clean Air Act 1993 List of acts
 Selected UK Acts and Regulations
    Wills and probate
 
Crown Copyright Acknowledged
CONTENTS

Clean Air Act 1993

1993 CHAPTER 11

ARRANGEMENT OF SECTIONS

Go to Preamble

Part I

Dark Smoke

1. Prohibition of dark smoke from chimneys.

2. Prohibition of dark smoke from industrial or trade premises.

3. Meaning of “dark smoke”.

Part II

Smoke, grit, dust and fumes

Installation of furnaces

4. Requirement that new furnaces shall be so far as practicable smokeless.

Limits on rate of emission of grit and dust

5. Emission of grit and dust from furnaces.

Arrestment plant for furnaces

6. Arrestment plant for new non-domestic furnaces.

7. Exemptions from section 6.

8. Requirement to fit arrestment plant for burning solid fuel in other cases.

9. Appeal to Secretary of State against refusal of approval.

Measurement of grit, dust and fumes

10. Measurement of grit, dust and fumes by occupiers.

11. Measurement of grit, dust and fumes by local authorities.

12. Information about furnaces and fuel consumed.

Outdoor furnaces

13. Grit and dust from outdoor furnaces, etc.

Height of chimneys

14. Height of chimneys for furnaces.

15. Applications for approval of height of chimneys of furnaces.

16. Height of other chimneys.

Smoke nuisances in Scotland

17. Abatement of smoke nuisances in Scotland.

Part III

Smoke control areas

Creation of smoke control areas

18. Declaration of smoke control area by local authority.

19. Power of Secretary of State to require creation of smoke control areas.

Prohibition on emission of smoke in smoke control area

20. Prohibition on emission of smoke in smoke control area.

21. Power by order to exempt certain fireplaces.

22. Exemptions relating to particular areas.

Dealings with unauthorised fuel

23. Acquisition and sale of unauthorised fuel in a smoke control area.

Adaptation of fireplaces

24. Power of local authority to require adaptation of fireplaces in private dwellings.

25. Expenditure incurred in relation to adaptations in private dwellings.

26. Power of local authority to make grants towards adaptations to fireplaces in churches, chapels, buildings used by charities etc.

Supplementary provisions

27. References to adaptations for avoiding contraventions of section 20.

28. Cases where expenditure is taken to be incurred on execution of works.

29. Interpretation of Part III.

Part IV

Control of certain forms of air pollution

30. Regulations about motor fuel.

31. Regulations about sulphur content of oil fuel for furnaces or engines.

32. Provisions supplementary to sections 30 and 31.

33. Cable burning.

Part V

Information about air pollution

34. Research and publicity.

35. Obtaining information.

36. Notices requiring information about air pollution.

37. Appeals against notices under section 36.

38. Regulations about local authority functions under sections 34, 35 and 36.

39. Provision by local authorities of information for Secretary of State.

40. Interpretation of Part V.

Part VI

Special Cases

41. Relation to Environmental Protection Act 1990.

42. Colliery spoilbanks.

43. Railway engines.

44. Vessels.

45. Exemption for purposes of investigations and research.

46. Crown premises, etc.

Part VII

Miscellaneous and general

Power to apply certain provisions to fumes and gases

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

Power to give effect to international agreements

48. Power to give effect to international agreements.

Administration and enforcement

49. Unjustified disclosures of information.

50. Cumulative penalties on continuance of certain offences.

51. Duty to notify occupiers of offences.

52. Offences committed by bodies corporate.

53. Offence due to act or default of another.

54. Power of county court to authorise works and order payments.

55. General provisions as to enforcement.

56. Rights of entry and inspection etc.

57. Provisions supplementary to section 56.

58. Power of local authorities to obtain information.

59. Local inquiries.

60. Default powers.

61. Joint exercise of local authority functions.

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

General

63. Regulations and orders.

64. General provisions as to interpretation.

65. Application to Isles of Scilly.

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

67. Consequential amendments, transitional provisions and repeals.

68. Short title, commencement and extent.

Schedule 1: Coming into operation of smoke control orders.

Schedule 2: Smoke control orders: expenditure on old private dwellings.

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.

Part II: Modifications of this Act.

Schedule 4: Consequential amendments.

Schedule 5: Transitional provisions.

Part I: General transitional provisions and savings.

Part II: Exclusion and modification of certain provisions of this Act.

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

Schedule 6: Repeals.

 

An Act to consolidate the Clean Air Acts 1956 and 1968 and certain related enactments, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

[27th May 1993]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I

Dark Smoke

1 Prohibition of dark smoke from chimneys

(1) Dark smoke shall not be emitted from a chimney of any building, and if, on any day, dark smoke is so emitted, the occupier of the building shall be guilty of an offence.

(2) Dark smoke shall not be emitted from a chimney (not being a chimney of a building) which serves the furnace of any fixed boiler or industrial plant, and if, on any day, dark smoke is so emitted, the person having possession of the boiler or plant shall be guilty of an offence.

(3) This section does not apply to emissions of smoke from any chimney, in such classes of case and subject to such limitations as may be prescribed in regulations made by the Secretary of State, lasting for not longer than such periods as may be so prescribed.

(4) In any proceedings for an offence under this section, it shall be a defence to prove—

(a) that the alleged emission was solely due to the lighting up of a furnace which was cold and that all practicable steps had been taken to prevent or minimise the emission of dark smoke;

(b) that the alleged emission was solely due to some failure of a furnace, or of apparatus used in connection with a furnace, and that—

(i) the failure could not reasonably have been foreseen, or, if foreseen, could not reasonably have been provided against; and

(ii) the alleged emission could not reasonably have been prevented by action taken after the failure occurred; or

(c) that the alleged emission was solely due to the use of unsuitable fuel and that—

(i) suitable fuel was unobtainable and the least unsuitable fuel which was available was used; and

(ii) all practicable steps had been taken to prevent or minimise the emission of dark smoke as the result of the use of that fuel;

or that the alleged emission was due to the combination of two or more of the causes specified in paragraphs (a) to (c) and that the other conditions specified in those paragraphs are satisfied in relation to those causes respectively.

(5) A person guilty of an offence under this section shall be liable on summary conviction—

(a) in the case of a contravention of subsection (1) as respects a chimney of a private dwelling, to a fine not exceeding level 3 on the standard scale; and

(b) in any other case, to a fine not exceeding level 5 on the standard scale.

(6) This section has effect subject to section 51 (duty to notify offences to occupier or other person liable).

2 Prohibition of dark smoke from industrial or trade premises

(1) Dark smoke shall not be emitted from any industrial or trade premises and if, on any day, dark smoke is so emitted the occupier of the premises and any person who causes or permits the emission shall be guilty of an offence.

(2) This section does not apply—

(a) to the emission of dark smoke from any chimney to which section 1 above applies; or

(b) to the emission of dark smoke caused by the burning of any matter prescribed in regulations made by the Secretary of State, subject to compliance with such conditions (if any) as may be so prescribed.

(3) In proceedings for an offence under this section, there shall be taken to have been an emission of dark smoke from industrial or trade premises in any case where—

(a) material is burned on those premises; and

(b) the circumstances are such that the burning would be likely to give rise to the emission of dark smoke,

unless the occupier or any person who caused or permitted the burning shows that no dark smoke was emitted.

(4) In proceedings for an offence under this section, it shall be a defence to prove—

(a) that the alleged emission was inadvertent; and

(b) that all practicable steps had been taken to prevent or minimise the emission of dark smoke.

(5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) In this section “industrial or trade premises” means—

(a) premises used for any industrial or trade purposes; or

(b) premises not so used on which matter is burnt in connection with any industrial or trade process.

(7) This section has effect subject to section 51 (duty to notify offences to occupier or other person liable).

3 Meaning of “dark smoke”

(1) In this Act “dark smoke” means smoke which, if compared in the appropriate manner with a chart of the [1956 c. 52.] type known on 5th July 1956 (the date of the passing of the Clean Air Act 1956) as the Ringelmann Chart, would appear to be as dark as or darker than shade 2 on the chart.

(2) For the avoidance of doubt it is hereby declared that in proceedings—

(a) for an offence under section 1 or 2 (prohibition of emissions of dark smoke); or

(b) brought by virtue of section 17 (smoke nuisances in Scotland),

the court may be satisfied that smoke is or is not dark smoke as defined in subsection (1) notwithstanding that there has been no actual comparison of the smoke with a chart of the type mentioned in that subsection.

(3) Without prejudice to the generality of subsections (1) and (2), if the Secretary of State by regulations prescribes any method of ascertaining whether smoke is dark smoke as defined in subsection (1), proof in any such proceedings as are mentioned in subsection (2)—

(a) that that method was properly applied, and

(b) that the smoke was thereby ascertained to be or not to be dark smoke as so defined,

shall be accepted as sufficient.

 
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