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Clean Air Act 1993
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Changes over time for: Section 20
Changes to legislation:
Clean Air Act 1993, Section 20 is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 20:
- s. 20(6) omitted by 2021 c. 30 Sch. 12 para. 10(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 16(4A)(4B) inserted by S.I. 2023/908 reg. 16
- s. 19E-19H and cross-heading inserted by 2024 asc 2 s. 19(2)
- s. 20(5D)-(5F) inserted by 2021 c. 30 Sch. 12 para. 10(2)
- s. 21(4A)-(4D) inserted by 2021 c. 30 Sch. 12 para. 11(2)
- s. 28B inserted by 2024 asc 2 s. 20
- s. 63(2A) inserted by 2024 asc 2 Sch. 1 para. 20(b)
- Sch. 1 para. 1A 1B inserted by 2024 asc 2 Sch. 1 para. 21(a)
- Sch. 1 para. 6B inserted by 2024 asc 2 Sch. 1 para. 21(c)
- Sch. 1A para. 3(5) inserted by 2024 asc 2 Sch. 1 para. 4(c)
- Sch. 1A para. 4(7) inserted by 2024 asc 2 Sch. 1 para. 5(d)
- Sch. 5 para. 12A 12B inserted by 2024 asc 2 Sch. 1 para. 22(a)
20 Prohibition on emission of smoke in smoke control area [F1in Wales].E+W+S
(1)If, on any day, smoke is emitted from a chimney of any building within a smoke control area [F2in Wales], the occupier of the building shall be guilty of an offence.
(2)If, on any day, smoke is emitted from a chimney (not being a chimney of a building) which serves the furnace of any fixed boiler or industrial plant within a smoke control area [F3in Wales], the person having possession of the boiler or plant shall be guilty of an offence.
(3)Subsections (1) and (2) have effect—
(a)subject to any exemptions for the time being in force under section 18, 21 or 22;
(b)subject to section 51 (duty to notify offences to occupier or other person liable).
(4)In proceedings for an offence under this section it shall be a defence to prove that the alleged emission was not caused by the use of any fuel other than an authorised fuel.
(5)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
F4(5ZA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(5ZB). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(5ZC). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(5A)In this Part, “authorised fuel” means a fuel included in a list of authorised fuels kept by the Scottish Ministers for the purposes of this Part.
(5B)The Scottish Ministers must—
(a)publish the list of authorised fuels; and
(b)publish a revised copy of the list as soon as is reasonably practicable after any change is made to it.
(5C)The list must be published in such manner as the Scottish Ministers consider appropriate.]
(6)F6... [F7Except as provided in subsection (5A), in] this Part “authorised fuel” means a fuel declared by regulations of the [F8Secretary of State] [F8Welsh Ministers] to be an authorised fuel for the purposes of this Part.
Textual Amendments
F1Words in s. 20 heading inserted (E.W.) (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 12 para. 14(2) (with s. 144, Sch. 12 para. 26); S.I. 2022/48, reg. 4(d)
F2Words in s. 20(1) inserted (E.W.) (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 12 para. 14(3) (with s. 144, Sch. 12 para. 26); S.I. 2022/48, reg. 4(d)
F3Words in s. 20(2) inserted (E.W.) (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 12 para. 14(3) (with s. 144, Sch. 12 para. 26); S.I. 2022/48, reg. 4(d)
F4S. 20(5ZA)-(5ZC) omitted (E.W.) (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 12 para. 14(4) (with s. 144, Sch. 12 para. 26); S.I. 2022/48, reg. 4(d)
F5S. 20(5A)-(5C) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 50(2)(a), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch.
F6Words in s. 20(6) omitted (cond.) (E.W.) (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 12 para. 14(5)(a) (with s. 144, Sch. 12 para. 26); S.I. 2022/48, reg. 4(d)
F7Words in s. 20(6) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 50(2)(b), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch.
F8Words in s. 20(6) substituted (cond.) (E.W.) (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 12 para. 14(5)(b) (with s. 144, Sch. 12 para. 26); S.I. 2022/48, reg. 4(d)
Modifications etc. (not altering text)
C1Power to exclude conferred (27.8.1993) by 1993 c. 11, s. 45(1)(a)
C2S. 20 excluded (9.1.1998) by S.I. 1997/3009, art. 2, Sch. 1
S. 20 excluded (S.) (8.10.1999) by S.S.I. 1999/58, art. 2
S. 20 excluded (28.6.1999) by S.I. 1999/1515, art. 2
S. 20 excluded (S.) (16.2.2001) by S.S.I. 2001/16, art. 2
C3S. 20 restricted (W.) (3.4.2013) by The Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2013 (S.I. 2013/561), arts. 1(1), 2
C4S. 20 excluded (7.4.2017) by The Smoke Control Areas (Exempted Classes of Fireplace) (Wales) Order 2017 (S.I. 2017/423), arts. 1(1), 2, Sch.
C5S. 20 excluded (6.2.2019) by The Smoke Control Areas (Exempted Classes of Fireplace) (Wales) Order 2019 (S.I. 2019/51), arts. 1(1), 2, Sch.
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