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Part IIIE+W+S Smoke control areas

Modifications etc. (not altering text)

C1Pt. 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))

Creation of smoke control areasE+W+S

18 Declaration of smoke control area by local authority.E+W+S

(1)A local authority may by order declare the whole or any part of the district of the authority to be a smoke control area; and any order made under this section is referred to in this Act as a “smoke control order”.

(2)A smoke control order—

(a)may make different provision for different parts of the smoke control area;

(b)may limit the operation of section 20 (prohibition of emissions of smoke [F1in Wales]) [F2or Schedule 1A (penalty for emission of smoke in England)] to specified classes of building in the area; and

(c)may exempt specified buildings or classes of building or specified fireplaces or classes of fireplace in the area from the operation of that section [F3or Schedule], upon such conditions as may be specified in the order;

and the reference in paragraph (c) to specified buildings or classes of building include a reference to any specified, or to any specified classes of, fixed boiler or industrial plant.

[F4(2A)For the purposes of this Part a smoke control order in England “applies” to a building, fireplace, fixed boiler or industrial plant if the operation of Schedule 1A is not excluded in relation to it by virtue of subsection (2)(b) or (c).]

(3)A smoke control order may be revoked or varied by a subsequent order.

(4)The provisions of Schedule 1 apply to the coming into operation of smoke control orders.

Textual Amendments