Clean Air Act 1968 (repealed 27.8.1993)

8 Power of appropriate Minister to require creation of smoke control areas. E+W+S

(1) If after consultation with a local authority the appropriate Minister is satisfied that it is expedient to abate the pollution of the air by smoke in the area or part of the area of the authority and that authority have not exercised, or have not sufficiently exercised, their powers under section 11 of the principal Act (smoke control areas) 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 orders under that section within such period or periods as the authority think fit.

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

(3) The appropriate Minister 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 has been given under subsection (1) above fail to submit proposals to the appropriate Minister within the period specified in the direction, or where any proposals so submitted are rejected in whole or in part, the appropriate Minister 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 11 of the principal Act in such manner and within such period as may be specified in the order.

(5) An order under subsection (4) above may be varied or revoked by a subsequent order made by the appropriate Minister.

(6) While proposals made by a local authority and approved by the appropriate Minister under this section are in force, it shall be the duty of the authority to make such order or orders under section 11 of the principal Act as are necessary to carry out the proposals as for the time being in force.

(7) Sections 321 and 322 of the M1 Public Health Act 1936 and sections [F1 193 and 194][F1 329] of the Housing (Scotland) Act [F1 1966][F1 1987] (default powers) shall not apply to a failure by a local authority to discharge their functions under section 11 of the principal Act or to submit proposals to the appropriate Minister in pursuance of a direction under subsection (1) above or to perform a duty imposed on them by or by virtue of subsection (4) or (6) above.

(8) Any increase attributable to the provisions of this section in the sums payable out of moneys provided by Parliament under section 13 of the principal Act (Exchequer contributions towards expenditure incurred for the purpose of avoiding emissions of smoke in smoke control areas) shall be defrayed out of moneys so provided.

Textual Amendments

F1 Figures “329" and “1987" substituted (S.) for “193 and 194" and “1966" respectively by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339, Sch. 23 para. 14

Marginal Citations

M1 1936 c. 49.