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Clean Air Act 1993
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Changes over time for: Section 21
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Clean Air Act 1993, Section 21 is up to date with all changes known to be in force on or before 02 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 21:
- s. 21(5) omitted by 2021 c. 30 Sch. 12 para. 11(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 16(4A)(4B) inserted by S.I. 2023/908 reg. 16
- s. 19E-19H and cross-heading inserted by 2024 asc 2 s. 19(2)
- s. 20(5D)-(5F) inserted by 2021 c. 30 Sch. 12 para. 10(2)
- s. 21(4A)-(4D) inserted by 2021 c. 30 Sch. 12 para. 11(2)
- s. 28B inserted by 2024 asc 2 s. 20
- s. 63(2A) inserted by 2024 asc 2 Sch. 1 para. 20(b)
- Sch. 1 para. 1A 1B inserted by 2024 asc 2 Sch. 1 para. 21(a)
- Sch. 1 para. 6B inserted by 2024 asc 2 Sch. 1 para. 21(c)
- Sch. 1A para. 3(5) inserted by 2024 asc 2 Sch. 1 para. 4(c)
- Sch. 1A para. 4(7) inserted by 2024 asc 2 Sch. 1 para. 5(d)
- Sch. 5 para. 12A 12B inserted by 2024 asc 2 Sch. 1 para. 22(a)
21F1 Power ... to exempt certain fireplaces [F2in Wales].E+W+S
F3(A1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(A2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(A3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(A4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(1)For the purposes of this Part, the Scottish Ministers may exempt any class or description of fireplace from the provisions of section 20 (prohibition of smoke emissions in smoke control areas) if they are satisfied that such fireplaces can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke.
(2)An exemption under subsection (1) may be made subject to such conditions as the Scottish Ministers consider appropriate.
(3)The Scottish Ministers must—
(a)publish a list of those classes or descriptions of fireplace that are exempt under subsection (1), including details of any conditions to which an exemption is subject; and
(b)publish a revised copy of the list as soon as is reasonably practicable after any change is made to the classes or descriptions of fireplace that are so exempt or to the conditions to which an exemption is subject.
(4)The list must be published in such manner as the Scottish Ministers consider appropriate.]
[F5(5)][F6Except where subsection (1) applies, the] F7... [F8Secretary of State] [F8Welsh Ministers] 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 [F9he is] [F9they are] satisfied that such fireplaces can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke.
Textual Amendments
F1Words in s. 21 title repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 50(4), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch.
Words in s. 21 title omitted (E.W.) (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 15(6), 115(7); S.I. 2015/1732, art. 2(b)
F2Words in s. 21 heading inserted (E.W.) (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 12 para. 15(2) (with s. 144, Sch. 12 para. 26); S.I. 2022/48, reg. 4(d)
F3Ss. 21(A1)-(A4) omitted (E.W.) (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 12 para. 15(3) (with s. 144, Sch. 12 para. 26); S.I. 2022/48, reg. 4(d)
F4S. 21(1)-(4) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 50(3)(b), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch.
F5S. 21(5): s. 21 renumbered as s. 21(5) (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 50(3)(a), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch.
S. 21(5): s. 21 renumbered as s. 21(5) (E.W.) (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 15(5), 115(7); S.I. 2015/1732, art. 2(b)
F6Words in s. 21(5) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 50(3)(a), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch.
F7Words in s. 21(5) omitted (cond.) (E.W.) (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 12 para. 15(4)(a) (with s. 144, Sch. 12 para. 26); S.I. 2022/48, reg. 4(d)
F8Words in s. 21(5) substituted (cond.) (E.W.) (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 12 para. 15(4)(b) (with s. 144, Sch. 12 para. 26); S.I. 2022/48, reg. 4(d)
F9Words in s. 21(5) substituted (cond.) (E.W.) (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 12 para. 15(4)(c) (with s. 144, Sch. 12 para. 26); S.I. 2022/48, reg. 4(d)
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