xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part VIIU.K. Miscellaneous and general

GeneralU.K.

63 Regulations and orders.E+W+S

(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, except an instrument containing regulations a draft of which is required by section 6(3), 10(5) or 47(2) 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.

(3)Any statutory instrument containing an order under section 21 or 22 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

64 General provisions as to interpretation.E+W+S

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

(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.

65 Application to Isles of Scilly.E+W+S

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.

66 Transitory provisions relating to Alkali, &c. Works Regulation Act 1906.E+W+S

(1)Until the coming into force of the repeal by the M5Environmental Protection Act 1990 of the M6Alkali, &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 M7Clean 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 M8Environmental Protection Act 1990 of the M9Alkali, &c. Works Regulation Act 1906, this section and Schedule 3 shall cease to have effect.

67 Consequential amendments, transitional provisions and repeals.U.K.

(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.

Extent Information

E1S. 67(3), so far as it relates to the repeal of sections 75 and 77 of the Control of Pollution Act 1974 extends to Northern Ireland

68 Short title, commencement and extent.E+W+S

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

(2)This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

(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 M10Control of Pollution Act 1974;

but otherwise this Act does not extend to Northern Ireland.

Marginal Citations