Grit, dust and fumes
3 Requirement to fit arrestment plant to new furnaces.
(1)
Subject to the provisions of section 4 of this Act no furnace to which section 2 above applies shall be used in a building—
(a)
to burn pulverised fuel; or
(b)
to burn, at a rate of F145.4 kilograms or more an hour, any other solid matter; or
(c)
to burn, at a rate equivalent to F2366.4 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)
The Minister may by regulations substitute for any rate mentioned in subsection (1)(b) or (c) above such other rate as he thinks fit, but no regulations shall be made under this subsection so as to reduce any such rate unless a draft of the regulations has been laid before Parliament and approved by each House of Parliament.
(3)
If on any day a furnace is used in contravention of subsection (1) above, the occupier of the building shall be liable on summary conviction to a fine not exceeding F3level 5 on the standard scale.
(4)
Subsection (1) above and regulations under subsection (2) above reducing any rate mentioned in subsection (1)(b) or (c) above 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 commencement of this section or the coming into operation of the regulations, as the case may be.
(5)
Section 6(1) of the principal Act (new furnaces to be fitted with plant to arrest grit and dust) shall not apply to a furnace to which subsection (1) above applies; and subsections F4(4) and (5) of that section (power of the appropriate Minister with respect to approvals under that section) shall apply in relation to an approval under subsection (1) above as they apply in relation to an approval under that section.
(6)
Where a local authority determine an application for approval under the said section 6(1) or subsection (1) above, 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.
(7)
The right of a person to appeal under section 6(4) of the principal Act against a decision of a local authority under that section or this section shall not be exercisable more than twenty-eight days after he is notified of the decision.