SCHEDULES

F11SCHEDULE 3 Provisions having effect until repeal of Alkali, &c Works Regulation Act 1906

Section 66(1)

Annotations:
Amendments (Textual)
F11

Sch. 3 ceased to have effect (in relation to activities falling within a prescribed process which has on 1.12.1994 ceased to be a prescribed process, on that date; in relation to activities falling within a prescribed process which has ceased to be a prescribed process later than 1.12.1994, on the date on which that process ceased to be a prescribed process; for all remaining purposes on 16.12.1996) by virtue of 1993 c. 11, s. 66(2); S.I. 1994/2854, art. 2(1); S.I. 1996/3056, art. 2

Part I Relation of this Act to Alkali, &c. Works Regulation Act 1906

F11

1

In this Part of this Schedule—

  • “the Alkali Act” means the M1Alkali, &c. Works Regulation Act 1906; and

  • “work subject or potentially subject to the Alkali Act” means—

    1. a

      so much of any work registered under section 9 of that Act as is directly concerned in the processes which necessitate its registration under that section; and

    2. b

      so much of any work in the course of erection or alteration as will on completion of the erection or alteration be directly concerned in such processes.

2

The Secretary of State may from time to time determine how much of any work mentioned in sub-paragraph (1) is or will be directly concerned as there mentioned and his determination shall, until revoked or varied by him, be conclusive.

Annotations:
Amendments (Textual)
F1

Sch. 3 ceased to have effect (in relation to activities falling within a prescribed process which has on 1.12.1994 ceased to be a prescribed process, on that date; in relation to activities falling within a prescribed process which has ceased to be a prescribed process later than 1.12.1994, on the date on which that process ceased to be a prescribed process; for all remaining purposes on 16.12.1996) by virtue of 1993 c. 11, s. 66(2); S.I. 1994/2854, art. 2(1); S.I. 1996/3056, art. 2

Marginal Citations

F22

Subject to paragraphs 3 and 4, Parts I to III of this Act shall not apply to any work subject or potentially subject to the Alkali Act.

Annotations:
Amendments (Textual)
F2

Sch. 3 ceased to have effect (in relation to activities falling within a prescribed process which has on 1.12.1994 ceased to be a prescribed process, on that date; in relation to activities falling within a prescribed process which has ceased to be a prescribed process later than 1.12.1994, on the date on which that process ceased to be a prescribed process; for all remaining purposes on 16.12.1996) by virtue of 1993 c. 11, s. 66(2); S.I. 1994/2854, art. 2(1); S.I. 1996/3056, art. 2

F33

If, on the application of the local authority, the Secretary of State is satisfied that in all the circumstances it is expedient to do so, he may by order exclude the application of paragraph 2 to the whole or any specified part of any work subject or potentially subject to the Alkali Act.

Annotations:
Amendments (Textual)
F3

Sch. 3 ceased to have effect (in relation to activities falling within a prescribed process which has on 1.12.1994 ceased to be a prescribed process, on that date; in relation to activities falling within a prescribed process which has ceased to be a prescribed process later than 1.12.1994, on the date on which that process ceased to be a prescribed process; for all remaining purposes on 16.12.1996) by virtue of 1993 c. 11, s. 66(2); S.I. 1994/2854, art. 2(1); S.I. 1996/3056, art. 2

F124

While, by virtue of an order under paragraph 3 above, paragraph 2 is excluded from applying to any work or to any specified part of any work—

a

in any proceedings brought under section 1, 2 or 20 in respect of the emission of smoke from the work or (as the case may be) from the specified part of the work it shall be a defence to prove that the best practicable means had been employed to prevent or minimise the alleged emission;

b

in any proceedings brought by virtue of section 17 (smoke nuisances in Scotland) in respect of smoke emitted from the work or (as the case may be) from the specified part of the work, the defence provided for by subsection (2) of that section shall be available whether the smoke was emitted from a chimney or not.

Annotations:
Amendments (Textual)
F12

Sch. 3 ceased to have effect (in relation to activities falling within a prescribed process which has on 1.12.1994 ceased to be a prescribed process, on that date; in relation to activities falling within a prescribed process which has ceased to be a prescribed process later than 1.12.1994, on the date on which that process ceased to be a prescribed process; for all remaining purposes on 16.12.1996) by virtue of 1993 c. 11, s. 66(2); S.I. 1994/2854, art. 2(1); S.I. 1996/3056, art. 2

F45

Any order made under paragraph 3 may be varied or revoked by a subsequent order of the Secretary of State.

Annotations:
Amendments (Textual)
F4

Sch. 3 ceased to have effect (in relation to activities falling within a prescribed process which has on 1.12.1994 ceased to be a prescribed process, on that date; in relation to activities falling within a prescribed process which has ceased to be a prescribed process later than 1.12.1994, on the date on which that process ceased to be a prescribed process; for all remaining purposes on 16.12.1996) by virtue of 1993 c. 11, s. 66(2); S.I. 1994/2854, art. 2(1); S.I. 1996/3056, art. 2

F56

Nothing in section 55 shall be taken as extending to the enforcement of any of the provisions of the Alkali Act.

Annotations:
Amendments (Textual)
F5

Sch. 3 ceased to have effect (in relation to activities falling within a prescribed process which has on 1.12.1994 ceased to be a prescribed process, on that date; in relation to activities falling within a prescribed process which has ceased to be a prescribed process later than 1.12.1994, on the date on which that process ceased to be a prescribed process; for all remaining purposes on 16.12.1996) by virtue of 1993 c. 11, s. 66(2); S.I. 1994/2854, art. 2(1); S.I. 1996/3056, art. 2

Part II Modifications of this Act

F67

In section 31(4)—

a

in paragraph (a), after “1990” there is inserted “ or a work subject to the Alkali Act ”; and

b

for paragraph (b) there is substituted—

b

of the inspectors appointed under Part I of the Environmental Protection Act 1990 or, as the case may be, under the Alkali Act, to enforce those provisions in relation to such furnaces;

Annotations:
Amendments (Textual)
F6

Sch. 3 ceased to have effect (in relation to activities falling within a prescribed process which has on 1.12.1994 ceased to be a prescribed process, on that date; in relation to activities falling within a prescribed process which has ceased to be a prescribed process later than 1.12.1994, on the date on which that process ceased to be a prescribed process; for all remaining purposes on 16.12.1996) by virtue of 1993 c. 11, s. 66(2); S.I. 1994/2854, art. 2(1); S.I. 1996/3056, art. 2

F78

In section 33(1), after “1990” there is inserted “ or the place at which he does so is a work registered in pursuance of section 9 of the Alkali, &c. Works Regulation Act 1906 ”.

Annotations:
Amendments (Textual)
F7

Sch. 3 ceased to have effect (in relation to activities falling within a prescribed process which has on 1.12.1994 ceased to be a prescribed process, on that date; in relation to activities falling within a prescribed process which has ceased to be a prescribed process later than 1.12.1994, on the date on which that process ceased to be a prescribed process; for all remaining purposes on 16.12.1996) by virtue of 1993 c. 11, s. 66(2); S.I. 1994/2854, art. 2(1); S.I. 1996/3056, art. 2

F89

In section 35(3), after “1990” there is inserted “ or any work subject to the Alkali Act ”.

Annotations:
Amendments (Textual)
F8

Sch. 3 ceased to have effect (in relation to activities falling within a prescribed process which has on 1.12.1994 ceased to be a prescribed process, on that date; in relation to activities falling within a prescribed process which has ceased to be a prescribed process later than 1.12.1994, on the date on which that process ceased to be a prescribed process; for all remaining purposes on 16.12.1996) by virtue of 1993 c. 11, s. 66(2); S.I. 1994/2854, art. 2(1); S.I. 1996/3056, art. 2

F910

In section 36, after subsection (3) there is inserted—

3A

If the notice relates to a work subject to the Alkali Act, the person on whom the notice is served shall not be obliged to supply any information which, as certified by an inspector appointed under that Act, is not of a kind which is being supplied to the inspector for the purposes of that Act.

Annotations:
Amendments (Textual)
F9

Sch. 3 ceased to have effect (in relation to activities falling within a prescribed process which has on 1.12.1994 ceased to be a prescribed process, on that date; in relation to activities falling within a prescribed process which has ceased to be a prescribed process later than 1.12.1994, on the date on which that process ceased to be a prescribed process; for all remaining purposes on 16.12.1996) by virtue of 1993 c. 11, s. 66(2); S.I. 1994/2854, art. 2(1); S.I. 1996/3056, art. 2

F1011

At the end of section 40 there is inserted— “ and “the Alkali Act” means the Alkali, &c. Works Regulation Act 1906 and “a work subject to the Alkali Act” means a work registered under section 9 of the Alkali Act, excluding the whole or part of such a work while the work or part is the subject of an order made or treated as made under paragraph 3 of Schedule 3 to this Act. ”