Clean Air Act 1968 (repealed 27.8.1993)

5 Measurement of grit, dust and fumes emitted from furnaces. E+W+S

(1) In section 7(1) of the principal Act (measurement of grit and dust emitted from furnaces) for paragraph (b) there shall be substituted the following paragraphs :—

“(b) to burn, at a rate of 100 pounds or more an hour, any other solid matter ; or

(c) to burn, at a rate equivalent to 1¼ million or more British thermal units an hour, any liquid or gaseous matter.”

(2) The Minister may by regulations substitute for any rate mentioned in the said section 7(1)(b) or (c) 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) In the case of a furnace to which section 7(2) of the principal Act is applied and which is used—

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

(b) to burn at a rate of less than 28 million British thermal units an hour, any liquid or gaseous matter;

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

(4) A notice given under subsection (3) above by the occupier of a building may be withdrawn by a subsequent notice in writing given to the local authority by him or any subsequent occupier of that building.

(5) While a notice is in force under subsection (3) above the local authority shall from time to time make and record measurements of the grit, dust and fumes emitted from the furnace to which the notice relates and the occupier shall not be under a duty to comply with any requirements of regulations under section 7(2) of the principal Act in relation to the furnace, except those imposed by virtue of paragraph (b) of that subsection.

(6) A direction under section 7(1) of the principal Act applying section 7(2) of that Act to a furnace which is used as mentioned in subsection (3)(a) or (b) above shall contain a statement of the effect of subsections (3) to (5) above.

(7) The occupier of a building who by virtue of the said section 7(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.

Modifications etc. (not altering text)

C1 The text of ss. 2(6), 5(1), 10(5), 14(2), Sch. 1 paras. 2, 5–8, 10, and Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C2 In s. 5(2) “the said section 7(1)" means Clean Air Act 1956 (c. 52), s. 7(1)