C1Part III Smoke control areas
Dealings with unauthorised fuel
23 Acquisition and sale of unauthorised fuel in a smoke control area F10in Wales.
1
Any person who—
a
b
acquires any solid fuel for use in any fixed boiler or industrial plant in a smoke control area F2in Wales, not being a boiler or plant so exempted; or
c
sells by retail any solid fuel F3in Wales for delivery by him or on his behalf to—
i
a building in a smoke control area F4in Wales; or
ii
premises in such an area in which there is any fixed boiler or industrial plant,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
In subsection (1), “solid fuel” means any solid fuel other than an authorised fuel.
3
Subsection (1) shall, in its application to a smoke control area F5in Wales in which the operation of section 20 is limited by a smoke control order to specified classes of buildings, boilers or plant, have effect as if references to a building, boiler or plant were references to a building, boiler or plant of a class specified in the order.
4
The power of the F6Welsh Ministers under section 22 (exemptions relating to particular areas) to suspend or relax the operation of section 20 in relation to the whole or any part of a smoke control area F7in Wales includes power to suspend or relax the operation of subsection (1) in relation to the whole or any part of such an area.
5
In proceedings for an offence under this section consisting of the sale of fuel F8in Wales for delivery to a building or premises F9in Wales, it shall be a defence for the person accused to prove that he believed and had reasonable grounds for believing—
a
that the building was exempted from the operation of section 20 or, in a case where the operation of that section is limited to specified classes of building, was not of a specified class; or
b
that the fuel was acquired for use in a fireplace, boiler or plant so exempted or, in a case where the operation of that section is limited to specified classes of boilers or plant, in a boiler or plant not of a specified class.
23 Acquisition and sale of unauthorised fuel in a smoke control area.
1
Any person who—
a
acquires any solid fuel for use in a building in a smoke control area otherwise than in a building or fireplace exempted from the operation of section 20 (prohibition of smoke emissions in smoke control area);
b
acquires any solid fuel for use in any fixed boiler or industrial plant in a smoke control area, not being a boiler or plant so exempted; or
c
sells by retail any solid fuel for delivery by him or on his behalf to—
i
a building in a smoke control area; or
ii
premises in such an area in which there is any fixed boiler or industrial plant,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
In subsection (1), “solid fuel” means any solid fuel other than an authorised fuel.
3
Subsection (1) shall, in its application to a smoke control area in which the operation of section 20 is limited by a smoke control order to specified classes of buildings, boilers or plant, have effect as if references to a building, boiler or plant were references to a building, boiler or plant of a class specified in the order.
4
The power of the Secretary of State under section 22 (exemptions relating to particular areas) to suspend or relax the operation of section 20 in relation to the whole or any part of a smoke control area includes power to suspend or relax the operation of subsection (1) in relation to the whole or any part of such an area.
5
In proceedings for an offence under this section consisting of the sale of fuel for delivery to a building or premises, it shall be a defence for the person accused to prove that he believed and had reasonable grounds for believing—
a
that the building was exempted from the operation of section 20 or, in a case where the operation of that section is limited to specified classes of building, was not of a specified class; or
b
that the fuel was acquired for use in a fireplace, boiler or plant so exempted or, in a case where the operation of that section is limited to specified classes of boilers or plant, in a boiler or plant not of a specified class.
Pt. III functions etc. assigned to the port health authority and modified (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))