Clean Air Act 1993

20 Prohibition on emission of smoke in smoke control area. E+W+S

(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.

[F1 (5ZA) In the application of this Part to England, “authorised fuel” means a fuel included in a list of authorised fuels kept by the Secretary of State for the purposes of this Part.

(5ZB) The Secretary of State 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.

(5ZC) The list must be published in such manner as the Secretary of State considers appropriate.]

[F2 (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) [F3 Except as provided by subsection (5ZA), in] [F4 Except as provided in subsection (5A), 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.

Textual Amendments

F1 S. 20(5ZA)-(5ZC) inserted (E.W.) (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 15(2), 115(7); S.I. 2015/1732, art. 2(b)

F2 S. 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.

F3 Words in s. 20(6) substituted (E.W.) (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 15(3), 115(7); S.I. 2015/1732, art. 2(b)

F4 Words 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.

Modifications etc. (not altering text)

C1 Power to exclude conferred (27.8.1993) by 1993 c. 11, s. 45(1)(a)

C2 S. 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

C3 S. 20 restricted (W.) (3.4.2013) by The Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2013 (S.I. 2013/561), arts. 1(1), 2

C4 S. 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.