Part III Smoke control areas
Prohibition on emission of smoke in smoke control area
C1C220 Prohibition on emission of smoke in smoke control area.
1
If, on any day, smoke is emitted from a chimney of any building within a smoke control area, 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, 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.
6
In this Part “authorised fuel” means a fuel declared by regulations of the Secretary of State to be an authorised fuel for the purposes of this Part.