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.

Part II Smoke, grit, dust and fumes

Installation of furnaces

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

(1) No furnace shall be installed in a building or in any fixed boiler or industrial plant unless notice of the proposal to install it has been given to the local authority.

(2) No furnace shall be installed in a building or in any fixed boiler or industrial plant unless the furnace is so far as practicable capable of being operated continuously without emitting smoke when burning fuel of a type for which the furnace was designed.

(3) Any furnace installed in accordance with plans and specifications submitted to, and approved for the purposes of this section by, the local authority shall be treated as complying with the provisions of subsection (2).

(4) Any person who installs a furnace in contravention of subsection (1) or (2) or on whose instructions a furnace is so installed shall be guilty of an offence and liable on summary conviction—

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

(b) in the case of a contravention of subsection (2), to a fine not exceeding level 5 on that scale.

(5) This section does not apply to the installation of domestic furnaces.

(6) This section applies in relation to—

(a) the attachment to a building of a boiler or industrial plant which already contains a furnace; or

(b) the fixing to or installation on any land of any such boiler or plant,

as it applies in relation to the installation of a furnace in any fixed boiler or industrial plant.

Limits on rate of emission of grit and dust

5 Emission of grit and dust from furnaces

(1) This section applies to any furnace other than a domestic furnace.

(2) The Secretary of State may by regulations prescribe limits on the rates of emission of grit and dust from the chimneys of furnaces to which this section applies.

(3) If on any day grit or dust is emitted from a chimney serving a furnace to which this section applies at a rate exceeding the relevant limit prescribed under subsection (2), the occupier of any building in which the furnace is situated shall be guilty of an offence.

(4) In proceedings for an offence under subsection (3) it shall be a defence to prove that the best practicable means had been used for minimising the alleged emission.

(5) If, in the case of a building containing a furnace to which this section applies and which is served by a chimney to which there is no limit applicable under subsection (2), the occupier fails to use any practicable means there may be for minimising the emission of grit or dust from the chimney, he shall be guilty of an offence.

(6) 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.

Arrestment plant for furnaces

6 Arrestment plant for new non-domestic furnaces

(1) A furnace other than a domestic furnace shall not be used in a building—

(a) to burn pulverised fuel; or

(b) to burn, at a rate of 45.4 kilograms or more an hour, any other solid matter; or

(c) to burn, at a rate equivalent to 366.4 kilowatts or more, any liquid or gaseous matter,

unless the furnace is provided with plant for arresting grit and dust which has been approved by the local authority or which has been installed in accordance with plans and specifications submitted to and approved by the local authority, and that plant is properly maintained and used.

(2) Subsection (1) has effect subject to any exemptions prescribed or granted under section 7.

(3) The Secretary of State may by regulations substitute for any rate mentioned in subsection (1)(b) or (c) such other rate as he thinks fit: but no regulations shall be made so as to reduce any rate unless a draft of the regulations has been laid before and approved by each House of Parliament.

(4) Regulations under subsection (3) reducing any rate shall not apply to a furnace which has been installed, the installation of which has been begun, or an agreement for the purchase or installation of which has been entered into, before the date on which the regulations come into force.

(5) If on any day a furnace is used in contravention of subsection (1), the occupier of the building shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

7 Exemptions from section 6

(1) The Secretary of State may by regulations provide that furnaces of any class prescribed in the regulations shall, while used for a purpose so prescribed, be exempted from the operation of section 6(1).

(2) If on the application of the occupier of a building a local authority are satisfied that the emission of grit and dust from any chimney serving a furnace in the building will not be prejudicial to health or a nuisance if the furnace is used for a particular purpose without compliance with section 6(1), they may exempt the furnace from the operation of that subsection while used for that purpose.

(3) If a local authority to whom an application is duly made for an exemption under subsection (2) fail to determine the application and to give a written notice of their decision to the applicant within—

(a) eight weeks of receiving the application; or

(b) such longer period as may be agreed in writing between the applicant and the authority,

the furnace shall be treated as having been granted an exemption from the operation of section 6(1) while used for the purpose specified in the application.

(4) If a local authority decide not to grant an exemption under subsection (2), they shall give the applicant a written notification of their decision stating their reasons, and the applicant may within twenty-eight days of receiving the notification appeal against the decision to the Secretary of State.

(5) On an appeal under this section the Secretary of State—

(a) may confirm the decision appealed against; or

(b) may grant the exemption applied for or vary the purpose for which the furnace to which the application relates may be used without compliance with section 6(1);

and shall give the appellant a written notification of his decision, stating his reasons for it.

(6) If on any day a furnace which is exempt from the operation of section 6(1) is used for a purpose other than a prescribed purpose or, as the case may be, a purpose for which the furnace may be used by virtue of subsection (2), (3) or (5), the occupier of the building shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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

(1) A domestic furnace shall not be used in a building—

(a) to burn pulverised fuel; or

(b) to burn, at a rate of 1.02 tonnes an hour or more, solid fuel in any other form or solid waste,

unless the furnace is provided with plant for arresting grit and dust which has been approved by the local authority or which has been installed in accordance with plans and specifications submitted to and approved by the local authority, and that plant is properly maintained and used.

(2) If a furnace is used in a building in contravention of subsection (1), the occupier of the building shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

9 Appeal to Secretary of State against refusal of approval

(1) Where a local authority determine an application for approval under section 6 or 8, they shall give the applicant a written notification of their decision and, in the case of a decision not to grant approval, shall state their reasons for not doing so.

(2) A person who—

(a) has made such an application to a local authority; or

(b) is interested in a building with respect to which such an application has been made,

may, if he is dissatisfied with the decision of the authority on the application, appeal within twenty-eight days after he is notified of the decision to the Secretary of State; and the Secretary of State may give any approval which the local authority might have given.

(3) An approval given by the Secretary of State under this section shall have the like effect as an approval of the local authority.

Measurement of grit, dust and fumes

10 Measurement of grit, dust and fumes by occupiers

(1) If a furnace in a building is used—

(a) to burn pulverised fuel;

(b) to burn, at a rate of 45.4 kilograms or more an hour, any other solid matter; or

(c) to burn, at a rate equivalent to 366.4 kilowatts or more, any liquid or gaseous matter,

the local authority may, by notice in writing served on the occupier of the building, direct that the provisions of subsection (2) below shall apply to the furnace, and those provisions shall apply accordingly.

(2) In the case of a furnace to which this subsection for the time being applies, the occupier of the building shall comply with such requirements as may be prescribed as to—

(a) making and recording measurements from time to time of the grit, dust and fumes emitted from the furnace;

(b) making adaptations for that purpose to the chimney serving the furnace;

(c) providing and maintaining apparatus for making and recording the measurements; and

(d) informing the local authority of the results obtained from the measurements or otherwise making those results available to them;

and in this subsection “prescribed” means prescribed (whether generally or for any class of furnace) by regulations made by the Secretary of State.

(3) If the occupier of the building fails to comply with those requirements, he shall be guilty of an offence and liable on summary conviction—

(a) to a fine not exceeding level 5 on the standard scale; or

(b) to cumulative penalties on continuance in accordance with section 50.

(4) The occupier of a building who by virtue of subsection (2) is under a duty to make and record measurements of grit, dust and fumes emitted from a furnace in the building shall permit the local authority to be represented during the making and recording of those measurements.

(5) The Secretary of State may by regulations substitute for any rate mentioned in subsection (1)(b) or (c) such other rate as he thinks fit; but regulations shall not be made under this subsection so as to reduce any rate unless a draft of the regulations has been laid before and approved by each House of Parliament.

(6) Any direction given by a local authority under subsection (1) with respect to a furnace in a building may be revoked by the local authority by a subsequent notice in writing served on the occupier of the building, without prejudice, however, to their power to give another direction under that subsection.

11 Measurement of grit, dust and fumes by local authorities

(1) This section applies to any furnace to which section 10(2) (duty to comply with prescribed requirements) for the time being applies and which is used—

(a) to burn, at a rate less than 1.02 tonnes an hour, solid matter other than pulverised fuel; or

(b) to burn, at a rate of less than 8.21 Megawatts, any liquid or gaseous matter.

(2) The occupier of the building in which the furnace is situated may, by notice in writing given to the local authority, request that authority to make and record measurements of the grit, dust and fumes emitted from the furnace.

(3) While a notice is in force under subsection (2)—

(a) the local authority shall from time to time make and record measurements of the grit, dust and fumes emitted from the furnace; and

(b) the occupier shall not be under a duty to comply with any requirements of regulations under subsection (2) of section 10 in relation to the furnace, except those imposed by virtue of paragraph (b) of that subsection;

and any such notice given by the occupier of a building may be withdrawn by a subsequent notice in writing given to the local authority by him or any subsequent occupier of that building.

(4) A direction under section 10(1) applying section 10(2) to a furnace which is used as mentioned in subsection (1)(a) or (b) of this section shall contain a statement of the effect of subsections (1) to (3) of this section.

12 Information about furnaces and fuel consumed

(1) For the purpose of enabling the local authority properly to perform their functions under and in connection with sections 5 to 11, the local authority may, by notice in writing served on the occupier of any building, require the occupier to furnish to them, within fourteen days or such longer time as may be limited by the notice, such information as to the furnaces in the building and the fuel or waste burned in those furnaces as they may reasonably require for that purpose.

(2) Any person who, having been duly served with a notice under subsection (1)—

(a) fails to comply with the requirements of the notice within the time limited; or

(b) furnishes any information in reply to the notice which he knows to be 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.

Outdoor furnaces

13 Grit and dust from outdoor furnaces, etc

(1) Sections 5 to 12 shall apply in relation to the furnace of any fixed boiler or industrial plant as they apply in relation to a furnace in a building.

(2) References in those sections to the occupier of the building shall, in relation to a furnace falling within subsection (1), be read as references to the person having possession of the boiler or plant.

(3) The reference in section 6(4) (and the reference in paragraph 6(1) and (3) of Schedule 5) to the installation and to the purchase of a furnace shall, in relation to a furnace which is already contained in any fixed boiler or industrial plant, be read as a reference to attaching the boiler or plant to the building or fixing it to or installing it on any land and to purchasing it respectively.

Height of chimneys

14 Height of chimneys for furnaces

(1) This section applies to any furnace served by a chimney.

(2) An occupier of a building shall not knowingly cause or permit a furnace to be used in the building—

(a) to burn pulverised fuel;

(b) to burn, at a rate of 45.4 kilograms or more an hour, any other solid matter; or

(c) to burn, at a rate equivalent to 366.4 kilowatts or more, any liquid or gaseous matter,

unless the height of the chimney serving the furnace has been approved for the purposes of this section and any conditions subject to which the approval was granted are complied with.

(3) If on any day the occupier of a building contravenes subsection (2), he shall be guilty of an offence.

(4) A person having possession of any fixed boiler or industrial plant, other than an exempted boiler or plant, shall not knowingly cause or permit a furnace of that boiler or plant to be used as mentioned in subsection (2), unless the height of the chimney serving the furnace has been approved for the purposes of this section and any conditions subject to which the approval was granted are complied with.

(5) If on any day a person having possession of any boiler or plant contravenes subsection (3), he shall be guilty of an offence.

(6) 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.

(7) In this section “exempted boiler or plant” means a boiler or plant which is used or to be used wholly for any purpose prescribed in regulations made by the Secretary of State; and the height of a chimney is approved for the purposes of this section if approval is granted by the local authority or the Secretary of State under section 15.

15 Applications for approval of height of chimneys of furnaces

(1) This section applies to the granting of approval of the height of a chimney for the purposes of section 14.

(2) Approval shall not be granted by a local authority unless they are satisfied that the height of the chimney will be sufficient to prevent, so far as practicable, the smoke, grit, dust, gases or fumes emitted from the chimney from becoming prejudicial to health or a nuisance having regard to—

(a) the purpose of the chimney;

(b) the position and descriptions of buildings near it;

(c) the levels of the neighbouring ground; and

(d) any other matters requiring consideration in the circumstances.

(3) Approval may be granted without qualification or subject to conditions as to the rate or quality, or the rate and quality, of emissions from the chimney.

(4) If a local authority to whom an application is duly made for approval fail to determine the application and to give a written notification of their decision to the applicant within four weeks of receiving the application or such longer period as may be agreed in writing between the applicant and the authority, the approval applied for shall be treated as having been granted without qualification.

(5) If a local authority decide not to approve the height of a chimney, or to attach conditions to their approval, they shall give the applicant a written notification of their decision which—

(a) states their reasons for that decision; and

(b) in the case of a decision not to approve the height of the chimney, specifies—

(i) the lowest height (if any) which they are prepared to approve without qualification; or

(ii) the lowest height which they are prepared to approve if approval is granted subject to any specified conditions,

or (if they think fit) both.

(6) The applicant may within twenty-eight days of receiving a notification under subsection (5) appeal against the local authority’s decision to the Secretary of State.

(7) On an appeal under this section the Secretary of State may confirm the decision appealed against or he may—

(a) approve the height of the chimney without qualification or subject to conditions as to the rate or quality, or the rate and quality, of emissions from the chimney; or

(b) cancel any conditions imposed by the local authority or substitute for any conditions so imposed any other conditions which the authority had power to impose.

(8) The Secretary of State shall give the appellant a written notification of his decision on an appeal under this section which—

(a) states his reasons for the decision; and

(b) in the case of a decision not to approve the height of the chimney, specifies—

(i) the lowest height (if any) which he is prepared to approve without qualification; or

(ii) the lowest height which he is prepared to approve if approval is granted subject to any specified conditions,

or (if he thinks fit) both.

(9) References in this section to “the applicant” shall, in a case where the original applicant notifies the local authority that his interest in the application has been transferred to another person, be read as references to that other person.

16 Height of other chimneys

(1) This section applies where plans for the erection or extension of a building outside Greater London or in an outer London borough, other than a building used or to be used wholly for one or more of the following purposes, that is to say—

(a) as a residence or residences;

(b) as a shop or shops; or

(c) as an office or offices,

are in accordance with building regulations deposited with the local authority and the plans show that it is proposed to construct a chimney, other than one serving a furnace, for carrying smoke, grit, dust or gases from the building.

(2) The local authority shall reject the plans unless they are satisfied that the height of the chimney as shown on the plans will be sufficient to prevent, so far as practicable, the smoke, grit, dust or gases from becoming prejudicial to health or a nuisance having regard to—

(a) the purpose of the chimney;

(b) the position and descriptions of buildings near it;

(c) the levels of the neighbouring ground; and

(d) any other matters requiring consideration in the circumstances.

(3) If a local authority reject plans under the authority of this section—

(a) the notice given under section 16(6) of the [1984 c. 55.] Building Act 1984 shall specify that the plans have been so rejected; and

(b) any person interested in the building may appeal to the Secretary of State.

(4) On an appeal under subsection (3) the Secretary of State may confirm or cancel the rejection and, where he cancels the rejection, may, if he thinks it necessary, direct that the time for rejecting the plans otherwise than under the authority of this section shall be extended so as to run from the date on which his decision is notified to the local authority.

(5) In the application of this section to Scotland—

(a) any reference to plans deposited in accordance with building regulations shall be read as a reference to the plans, specifications and other information submitted with an application for a warrant under section 6 of the [1959 c. 24.] Building (Scotland) Act 1959;

(b) any reference to a local authority shall be read as a reference to a local authority within the meaning of that Act;

(c) any reference to the rejection of plans shall be read as a reference to the refusal of a warrant under section 6 of that Act;

and subsections (3) and (4) shall be omitted.

Smoke nuisances in Scotland

17 Abatement of smoke nuisances in Scotland

(1) Smoke other than—

(a) smoke emitted from a chimney of a private dwelling in a smoke control area;

(b) dark smoke emitted from a chimney of a building or from a chimney serving the furnace of any fixed boiler or industrial plant; or

(c) dark smoke emitted otherwise than as mentioned in paragraph (b) from industrial or trade premises within the meaning of section 2,

shall, if it is a nuisance to the inhabitants of the neighbourhood, be deemed for the purposes of the [1897 c. 38.] Public Health (Scotland) Act 1897 to be a nuisance liable to be dealt with summarily in manner provided by that Act.

(2) In any proceedings brought by virtue of this section in the case of smoke emitted from a chimney, it shall be a defence for the person against whom proceedings are taken for contravention of any interdict or decree granted under section 22 or 23 of the [1897 c. 38.] Public Health (Scotland) Act 1897 for the prevention, removal, remedy or discontinuance of a nuisance to prove that the best practicable means are being or have been employed to prevent the nuisance.

(3) This section extends to Scotland only.

Part III Smoke control areas

Creation of smoke control areas

18 Declaration of smoke control area by local authority

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

(2) A smoke control order—

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

(b) may limit the operation of section 20 (prohibition of emissions of smoke) to specified classes of building in the area; and

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

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

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

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

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

(1) If, after consultation with a local authority, the Secretary of State is satisfied—

(a) that it is expedient to abate the pollution of the air by smoke in the district or part of the district of the authority; and

(b) that the authority have not exercised, or have not sufficiently exercised, their powers under section 18 (power to declare smoke control area) to abate the pollution,

he may direct the authority to prepare and submit to him for his approval, within such period not being less than six months from the direction as may be specified in the direction, proposals for making and bringing into operation one or more smoke control orders within such period or periods as the authority think fit.

(2) Any proposals submitted by a local authority in pursuance of a direction under subsection (1) may be varied by further proposals submitted by the authority within the period specified for the making of the original proposals or such longer period as the Secretary of State may allow.

(3) The Secretary of State may reject any proposals submitted to him under this section or may approve them in whole or in part, with or without modifications.

(4) Where a local authority to whom a direction under subsection (1) has been given—

(a) fail to submit proposals to the Secretary of State within the period specified in the direction; or

(b) submit proposals which are rejected in whole or in part,

the Secretary of State may make an order declaring them to be in default and directing them for the purposes of removing the default to exercise their powers under section 18 in such manner and within such period as may be specified in the order.

(5) An order made under subsection (4) may be varied or revoked by a subsequent order so made.

(6) While proposals submitted by a local authority and approved by the Secretary of State under this section are in force, it shall be the duty of the authority to make such order or orders under section 18 as are necessary to carry out the proposals.

Prohibition on emission of smoke in smoke control area

20 Prohibition on emission of smoke in smoke control area

(1) If, on any day, smoke is emitted from a chimney of any building within a smoke control area, the occupier of the building shall be guilty of an offence.

(2) If, on any day, smoke is emitted from a chimney (not being a chimney of a building) which serves the furnace of any fixed boiler or industrial plant within a smoke control area, the person having possession of the boiler or plant shall be guilty of an offence.

(3) Subsections (1) and (2) have effect—

(a) subject to any exemptions for the time being in force under section 18, 21 or 22;

(b) subject to section 51 (duty to notify offences to occupier or other person liable).

(4) In proceedings for an offence under this section it shall be a defence to prove that the alleged emission was not caused by the use of any fuel other than an authorised fuel.

(5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) In this Part “authorised fuel” means a fuel declared by regulations of the Secretary of State to be an authorised fuel for the purposes of this Part.

21 Power by order to exempt certain fireplaces

The Secretary of State may by order exempt any class of fireplace, upon such conditions as may be specified in the order, from the provisions of section 20 (prohibition of smoke emissions in smoke control area), if he is satisfied that such fireplaces can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke.

22 Exemptions relating to particular areas

(1) The Secretary of State may, if it appears to him to be necessary or expedient so to do, by order suspend or relax the operation of section 20 (prohibition of smoke emissions in smoke control area) in relation to the whole or any part of a smoke control area.

(2) Before making an order under subsection (1) the Secretary of State shall consult with the local authority unless he is satisfied that, on account of urgency, such consultation is impracticable.

(3) As soon as practicable after the making of such an order the local authority shall take such steps as appear to them suitable for bringing the effect of the order to the notice of persons affected.

Dealings with unauthorised fuel

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

(1) Any person who—

(a) acquires any solid fuel for use in a building in a smoke control area otherwise than in a building or fireplace exempted from the operation of section 20 (prohibition of smoke emissions in smoke control area);

(b) acquires any solid fuel for use in any fixed boiler or industrial plant in a smoke control area, not being a boiler or plant so exempted; or

(c) sells by retail any solid fuel for delivery by him or on his behalf to—

(i) a building in a smoke control area; or

(ii) premises in such an area in which there is any fixed boiler or industrial plant,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) In subsection (1), “solid fuel” means any solid fuel other than an authorised fuel.

(3) Subsection (1) shall, in its application to a smoke control area in which the operation of section 20 is limited by a smoke control order to specified classes of buildings, boilers or plant, have effect as if references to a building, boiler or plant were references to a building, boiler or plant of a class specified in the order.

(4) The power of the Secretary of State under section 22 (exemptions relating to particular areas) to suspend or relax the operation of section 20 in relation to the whole or any part of a smoke control area includes power to suspend or relax the operation of subsection (1) in relation to the whole or any part of such an area.

(5) In proceedings for an offence under this section consisting of the sale of fuel for delivery to a building or premises, it shall be a defence for the person accused to prove that he believed and had reasonable grounds for believing—

(a) that the building was exempted from the operation of section 20 or, in a case where the operation of that section is limited to specified classes of building, was not of a specified class; or

(b) that the fuel was acquired for use in a fireplace, boiler or plant so exempted or, in a case where the operation of that section is limited to specified classes of boilers or plant, in a boiler or plant not of a specified class.

Adaptation of fireplaces

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

(1) The local authority may, by notice in writing served on the occupier or owner of a private dwelling which is, or when a smoke control order comes into operation will be, within a smoke control area, require the carrying out of adaptations in or in connection with the dwelling to avoid contraventions of section 20 (prohibition of smoke emissions in smoke control area).

(2) The provisions of Part XII of the [1936 c. 49.] Public Health Act 1936 with respect to appeals against, and the enforcement of, notices requiring the execution of works shall apply in relation to any notice under subsection (1).

(3) Any reference in those provisions to the expenses reasonably incurred in executing the works shall, in relation to a notice under subsection (1), be read as a reference to three-tenths of those expenses or such smaller fraction of those expenses as the local authority may in any particular case determine.

(4) In the application of this section to Scotland—

(a) subsections (2) and (3) shall be omitted;

(b) section 111 of the [1987 c. 26.] Housing (Scotland) Act 1987 (which provides for an appeal to the sheriff against certain notices, demands and orders under that Act) shall apply in relation to a notice under subsection (1) of this section as it applies in relation to a repair notice under that Act; and

(c) subject to any such right of appeal as is mentioned in paragraph (b), if any person on whom a notice under subsection (1) is served fails to execute the works required by the notice within the time limited by the notice, the local authority may themselves execute the works and may recover from that person three-tenths, or such smaller fraction as the local authority may in any particular case determine, of the expenses reasonably incurred by them in so doing.

25 Expenditure incurred in relation to adaptations in private dwellings

(1) Schedule 2 to this Act shall have effect with respect to certain expenditure incurred in adapting old private dwellings in smoke control areas.

(2) In this Part “old private dwelling” means any private dwelling other than one which either—

(a) was erected after 15th August 1964 (which was the date immediately preceding the time when the enactment replaced by this subsection came into force), or

(b) was produced by the conversion, after that date, of other premises, with or without the addition of premises erected after that date;

and for the purposes of this subsection a dwelling or premises shall not be treated as erected or converted after that date unless the erection or conversion was begun after it.

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

(1) If, after the making of a smoke control order, the owner or occupier of any premises or part of any premises to which this section applies and which will be within a smoke control area as the result of the order incurs expenditure on adaptations in or in connection with the premises or part to avoid contraventions of section 20 (prohibition of smoke emissions in smoke control area), the local authority may, if they think fit, repay to him the whole or any part of that expenditure.

(2) This section applies to any premises or part of any premises which fall within one or more of the following paragraphs, that is to say—

(a) any place of public religious worship, being, in the case of a place in England or Wales, a place which belongs to the Church of England or to the Church in Wales (within the meaning of the [1914 c. 41.] Welsh Church Act 1914) or which is for the time being certified as required by law as a place of religious worship;

(b) any church hall, chapel hall or similar premises used in connection with any such place of public religious worship, and so used for the purposes of the organisation responsible for the conduct of public religious worship in that place;

(c) any premises or part of any premises occupied for the purposes of an organisation (whether corporate or unincorporated) which is not established or conducted for profit and whose main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare.

Supplementary provisions

27 References to adaptations for avoiding contraventions of section 20

(1) References in this Part to adaptations in or in connection with a dwelling to avoid contraventions of section 20 (prohibition of smoke emissions from smoke control area) shall be read as references to the execution of any of the following works (whether in or outside the dwelling), that is to say—

(a) adapting or converting any fireplace;

(b) replacing any fireplace by another fireplace or by some other means of heating or cooking;

(c) altering any chimney which serves any fireplace;

(d) providing gas ignition, electric ignition or any other special means of ignition; or

(e) carrying out any operation incidental to any of the operations mentioned in paragraphs (a) to (d);

being works which are reasonably necessary in order to make what is in all the circumstances suitable provision for heating and cooking without contraventions of section 20.

(2) For the purposes of this section the provision of any igniting apparatus or appliance (whether fixed or not) operating by means of gas, electricity or other special means shall be treated as the execution of works.

(3) Except for the purposes of section 24 (power of local authority to require certain adaptations), works which make such suitable provision as is mentioned in subsection (1) shall not be treated as not being adaptations to avoid contraventions of section 20 of this Act by reason that they go beyond what is reasonably necessary for that purpose, but any expenditure incurred in executing them in excess of the expenditure which would have been reasonably incurred in doing what was reasonably necessary shall be left out of account.

(4) References in this section to a dwelling include references to any premises or part of any premises to which section 26 (grants towards certain adaptations in churches and other buildings) applies.

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

(1) References in this Part to expenses incurred in the execution of works include references to the cost of any fixed cooking or heating appliance installed by means of the execution of the works, notwithstanding that the appliance can be readily removed from the dwelling without injury to itself or the fabric of the dwelling.

(2) For the purposes of this Part a person who enters into either—

(a) a conditional sale agreement for the sale to him, or

(b) a hire-purchase agreement for the bailment or (in Scotland) hiring to him,

of a cooking or heating appliance shall be treated as having incurred on the date of the agreement expenditure of an amount equal to the price which would have been payable for the appliance if he had purchased it for cash on that date.

(3) References in this section to a dwelling include references to any premises or part of any premises to which section 26 (grants towards certain adaptations in churches and other buildings) applies.

29 Interpretation of Part III

In this Part, except so far as the context otherwise requires—

• “authorised fuel” has the meaning given in section 20(6);

• “conditional sale agreement” means an agreement for the sale of goods under which—

  (a)

  the purchase price or part of it is payable by instalments; and

  (b)

  the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled;

• “heating”, in relation to a dwelling, includes the heating of water;

• “hire-purchase agreement” means an agreement, other than a conditional sale agreement, under which—

  (a)

  goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired; and

  (b)

  the property in the goods will pass to that person if the terms of the agreement are complied with and one or more of the following occurs—

  (c)

  the exercise of an option to purchase by that person;

  (ii)

  the doing of any other specified act by any party to the agreement; and

  (iii)

  the happening of any other specified event;

• “old private dwelling” has the meaning given in section 25; and

• “smoke control order” means an order made by a local authority under section 18.

Part IV Control of certain forms of air pollution

30 Regulations about motor fuel

(1) For the purpose of limiting or reducing air pollution, the Secretary of State may by regulations—

(a) impose requirements as to the composition and contents of any fuel of a kind used in motor vehicles; and

(b) where such requirements are in force, prevent or restrict the production, treatment, distribution, import, sale or use of any fuel which in any respect fails to comply with the requirements, and which is for use in the United Kingdom.

(2) It shall be the duty of the Secretary of State, before he makes any regulation