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Alkali, &c. Works Regulation Act 1906 is up to date with all changes known to be in force on or before 19 October 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.
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Commencement Orders bringing legislation that affects this Act into force:
An Act to consolidate and amend the Alkali, &c. Works Regulation Acts 1881 and 1892.
[4th August 1906]
Modifications etc. (not altering text)
C1This Act is not necessarily in the form in which it has effect in Northern Ireland
C2Act repealed (E.W.S.) (1.12.1994 for specified purposes and otherwise 16.12.1996 insofar as it extends to England and Wales and otherwiseprosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), Sch. 16 Pt. I; S.I. 1994/2854, art. 2; 1996/3056, art. 2
C3Act amended by S.I. 1990/1380, regs. 3, 4
C4Act: saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Tay Road Bridge Order Confirmation Act 1991 (c. iv), Sch. Pt. VII s. 62
C5Act continued (27.8.1993) (until the commencement of the repeal of this Act by 1990 c. 43, s. 162(2), Sch. 16 Pt. I) by virtue of 1993 c. 11, ss. 66(1)(c)(2), 68(2)
C6Act: Functions transferred (E.W.) (1.4.1996) by 1995 c. 25, s. 2(1)(f) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Act: Functions transferred (S.) (12.10.1995) by 1995 c. 25, s. 21(1)(f) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2(b)
C7Act modified (1.2.1996) by 1995 c. 25, s. 5(5)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
Act modified (1.4.1996) by 1995 C. 25, S. 33(5)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Commencement Information
I1Act wholly in force at 1.1.1907
(1)Every alkali work shall be carried on in such manner as to secure the condensation, to the satisfaction of [F2the appropriate Agency], of the [F1hydrochloric] acid gas evolved in such work, to the extent of ninety-five per centum, and to such an extent that in each [F3cubic metre] of air, smoke, or chimney gases, escaping from the works into the atmosphere, there is not contained more than [F30.46 gram] of [F1hydrochloric] acid.
[F4(2) The owner of any alkali work which is carried on in contravention of this section shall be guilty of an offence.]
Textual Amendments
F1Word “hydrochloric” substituted for the word “muriatic” wherever it appears in the Act, by S.I. 1983/943, reg. 5(a)
F2Words in s. 1(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F3Words substituted by S.I. 1983/943, reg. 6, Sch. 3
F4S. 1(2) substituted by Clean Air Act 1956 (c. 52), Sch. 2
(1)In addition to the condensation of [F5hydrochloric] acid gas as aforesaid, the owner of every alkali work shall use the best practicable means for preventing the escape of noxious or offensive gases by the exit flue of any apparatus used in any process carried on in the work, and for preventing the discharge, whether directly or indirectly, of such gases into the atmosphere, and for rendering such gases where discharged harmless and inoffensive, subject to the qualification that, on the basis of the amount of acid gas per [F6cubic metre], no objection shall be taken under this section by [F7the appropriate Agency] to any [F5hydrochloric] acid gas in the air, smoke, or gases discharged into the atmosphere by a chimney or other final outlet where the amount of such acid gas in each [F6cubic metre] of air, smoke, or gases so discharged does not exceed the amount limited by the last preceding section.
[F8(2) If the owner of any alkali work fails, in the opinion of the court having cognizance of the matter, to use such means, he shall be guilty of an offence.]
Textual Amendments
F5Word “hydrochloric” substituted for the word “muriatic” wherever it appears in the Act, by S.I. 1983/943, reg. 5(a)
F6Words substituted by S.I. 1983/943, reg. 6, Sch. 3
F7Words in s. 2(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F8S. 2(2) substituted by Clean Air Act 1956 (c. 52), Sch. 2
(1)The preceding provisions of this Part of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process.
(2)The “determination date” for a prescribed process is—
(a)in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;
(b)in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.
(3)In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.]
Textual Amendments
F9S. 2A inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15, para. 2; see s. 164(3) and S.I. 1991/1042, art.2
Textual Amendments
F10Ss. 3–5, 8 repealed by Control of Pollution Act 1974 (c. 40), Sch. 4
Textual Amendments
F11Word “hydrochloric” substituted for the word “muriatic” wherever it appears in the Act, by S.I. 1983/943, reg. 5(a)
Textual Amendments
F12Ss. 6, 7 repealed by S.I. 1983/943, reg. 7(1)(a)
Textual Amendments
F13Ss. 3–5, 8 repealed by Control of Pollution Act 1974 (c. 40), Sch. 4
(1)An alkali work, [F14or any works specified in Schedule 1 to the Health and Safety (Emissions into the Atmosphere) Regulations 1983], . . . F15 shall not be carried on unless it is certified to be registered.
(2)The work shall be registered in a register containing the prescribed particulars, and the register shall be conducted and the certificates issued in the prescribed manner.
(3)(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
(5)A certificate of registration shall be issued on application being made in the prescribed manner by the owner of the work, if the conditions of registration are complied with, and one of the conditions, in the case of the first registration of [F17an alkali work or any works specified in Schedule 1 to the Health and Safety (Emissions into the Atmosphere) Regulations 1983], or the registration of such a work if the work has been closed for a period of twelve months previously, shall be that the work is at the time of registration furnished with such appliances as appear to [F18the appropriate Agency] or, on appeal, to [F19the Health and Safety Executive] to be necessary in order to enable the work to be carried on in accordance with such of the requirements of this Act [F20or of Part I of the Health and Safety at Work etc. Act 1974] as apply to the work.
F21. . .
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
[F24(8)The owner of a work which has been carried on in contravention of this section shall be guilty of an offence.]
Textual Amendments
F14Words substituted by S.I. 1983/943, reg. 5(b)
F15Words repealed by Control of Pollution Act 1974 (c. 40), Sch. 4
F16S. 9(3)(4) repealed by S.I. 1989/318, reg. 13(1)
F17Words substituted by S.I. 1983/943, reg. 5(c)(i)
F18Words in s. 9(5) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(4)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F19Words substituted by virtue of S.I. 1974/2170, Sch. 2 para. 2
F20Words inserted by S.I. 1983/943, reg. 5(c)(ii)
F21Proviso to s. 9(5) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 1(4)(b), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F22S. 9(6) repealed by Finance Act 1970 (c. 24), Sch. 8 Pt. IV
F23S. 9(7) repealed (except for the purposes of reg. 12(3) of S.I. 1989/318), by S.I. 1989/318, reg. 13(1) and subject to an amendment (1.4.1996) by 1995 c. 25 s. 120(1), Sch. 22 para. 1(4)(c) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F24S. 9(8) substituted by Clean Air Act 1956 (c. 52), s. 17(4), Sch. 2
Modifications etc. (not altering text)
C8S. 9: Functions transferred (1.4.1996) by 1995 c. 25, s. 2(2)(d) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
C9S. 9(5) amended by S.I. 1987/180, regs. 4(1), 8
Textual Amendments
F25Ss. 10–12 repealed by S.I. 1974/2170, Sch. 1
Textual Amendments
F26S. 13 repealed by S.I. 1974/2170, reg. 3(a)
Textual Amendments
F27Ss. 14, 15 repealed by Control of Pollution Act 1974 (c. 40), Sch. 4
Textual Amendments
F28Ss. 14, 15 repealed by Control of Pollution Act 1974 (c. 40), Sch. 4
In calculating the proportion of acid to a [F29cubic metre] of air, smoke, or gases, for the purposes of this Act, such air, smoke, or gases shall be calculated at the temperature of [F2915 degrees Celsius], and at a barometric pressure of [F29one bar].
Textual Amendments
F29Words substituted by S.I. 1983/943, reg. 6, Sch. 3
Textual Amendments
F30S. 16A repealed by S.I. 1974/2170, Sch. 1
Textual Amendments
F31S. 17 repealed by Control of Pollution Act 1974 (c. 40), Sch. 4
Textual Amendments
F32S. 18 repealed by S.I. 1974/2170, Sch. 1
Textual Amendments
F33S. 19 repealed by Control of Pollution Act 1974 (c. 40), Sch. 4
Textual Amendments
F34Ss. 20, 21 repealed by S.I. 1974/2170, Sch. 1
(1)Where complaint is made to the central authority by any sanitary authority, on information given by any of their officers, or any ten inhabitants of their district, that any work to which this Act applies is carried on (either within or without the district) in contravention of this Act, . . . F35, and that a nuisance is occasioned thereby to any of the inhabitants of their district, the central authority shall make such inquiry into the matters complained of, and after the inquiry may direct such proceedings to be taken by [F36the appropriate Agency], as they think fit and just.
(2)The sanitary authority complaining shall, if so required by the central authority, pay the expense of any such inquiry.
Textual Amendments
F35Words repealed by Control of Pollution Act 1974 (c. 40), Sch. 4
F36Words in s. 22(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
(1)Where a nuisance arising from the discharge of any noxious or offensive gas or gases is wholly or partially caused by the acts or defaults of the owners of several works to which any of the provisions of this Act applies, any person injured by such nuisance may proceed against any one or more of such owners, and may recover damages from each owner made a defendant in proportion to the extent of the contribution of that defendant to the nuisance, notwithstanding that the act or default of that defendant would not separately have caused a nuisance.
(2)This section shall not authorise the recovery of damages from any defendant who can produce a certificate from [F37the approriate Agency] that in the works of that defendant the requirements of this Act have been complied with and were complied with when the nuisance arose.
Textual Amendments
F37Words in s. 23(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(6) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Textual Amendments
F38S. 24 repealed (E.W.) by Local Government Act 1933 (c. 51), Sch. 11 Pt. IV and London Government Act 1963 (c. 33), Sch. 18 Pt. II and (S.) Local Government (Scotland) Act 1947 (c. 43), Sch. 14
(1)The preceding provisions of this Part of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process.
The “determination date” for a prescribed process is—
(a)in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;
(b)in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.
(3)In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.]
Textual Amendments
F39S. 24A inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15, para. 2; see s. 164 (3) and S.I. 1991/1042, art. 2
Textual Amendments
F40S. 25 repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 1(7), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Textual Amendments
F41S. 26, Sch. 2 repealed by Statute Law Revision Act 1927 (c. 42)
(1)In this Act, unless the context otherwise requires,—
The expression “alkali work” means every work for—
the manufacture of sulphate of soda or sulphate of potash, or
the treatment of copper ores by common salt or other chlorides whereby any sulphate is formed,
in which [F42hydrochloric] acid gas is evolved:
[F43The expression “the appropriate Agency” means—
in relation to England and Wales, the Environment Agency; and
in relation to Scotland, the Scottish Environment Protection Agency:]
[F44The expression “noxious or offensive gas” includes any substance set out in Schedule 2 to the Health and Safety (Emissions into the Atmosphere) Regulations 1983]
The expression “owner” includes any lessee, occupier, or any other person carrying on any work to which this Act applies;
The expression “best practicable means,” where used with respect to the prevention of the escape of noxious and offensive gases, has reference not only to the provision and the efficient maintenance of appliances adequate for preventing such escape, but also to the manner in which such appliances are used and to the proper supervision, by the owner, of any operation in which such gases are evolved:
The expression “prescribed” means prescribed by [F45the Secretary of State.]
. . . F46
The expression “central authority” means as regards England the [F45the Secretary of State] as regards Ireland the Local Government Board for Ireland, and as regards Scotland the Secretary for Scotland:
. . . F47
[F48The expression “the Public Health Act” means as regards England the M1Public Health Act 1875, . . . F49; and as regards Scotland the M2Public Health (Scotland) Act 1897; and as regards Ireland the M3Public Health (Ireland) Act 1878, and includes any enactment amending those Acts.]
F50. . .
F50. . .
(2)Nothing in this Act shall be construed as exempting any work from any of the provisions of this Act applicable to the work as being a work of a certain class or description by reason only that the work is subject to other provisions of this Act as being a work of some other class or description.
Textual Amendments
F42Word “hydrochloric” substituted for the word “muriatic” wherever it appears in the Act, by S.I. 1983/943, reg. 5(a)
F43Definition of “the appropriate Agency” in s. 27(1) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(8)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F44Definition substituted by S.I. 1983/943, reg. 5(d)
F45Words substituted by virtue of Ministry of Health Act 1919 (c. 21), s. 3(1)(a), Sch. 1 para. 1, S.I. 1951/142 (1951 I, p. 1348), arts. 3(1), 5(2), Sch. 1 Pt. I, 1951/1900 (1951 I, p. 1347), 1965/319 arts. 2(1), 10(1), Sch. 1 Pt. I and 1970/1681, arts. 2(1), 6(3)
F46Definition repealed by Statute Law Revision Act 1927 (c. 42)
F47Definition repealed by Local Government Act 1972 (c. 70), Sch. 30
F48The definition of “the Public Health Act” as it applies to England and Wales, repealed by Statute Law (Repeals) Act 1989 (c. 43, s. 1(1), Sch. 1 Pt. XI
F49Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
F50Definitions of “chief inspector” and “inspector” in s. 27(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 1(8)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Modifications etc. (not altering text)
C10Functions of Secretary for Scotland now exercisable by Secretary of State: Scottish Board of Health Act 1919 (c. 20), s. 4(1)(d); Reorganisation of Offices (Scotland) Act 1928 (c. 34), s. 1 and Reorganisation of Offices (Scotland) Act 1939 (c. 20), s. 1
Marginal Citations
In the application of this Act to Scotland—
(a)references to the Secretary for Scotland shall be substituted for references to the Local Government Board, and references to the Edinburgh Gazette shall be substituted for references to the London Gazette;
(b)All offences under this Act shall be prosecuted and all fines under this Act shall be recovered under the provisions of [F51the M4Criminal Procedure (Scotland) Act 1975]: Provided that the following regulations shall have effect with respect to the prosecution of, and the recovery of fines for, offences under this Act, F52. . .:—
(i)All prosecutions shall be brought before the sheriff, who may award expenses to either party, and, in default of immediate payment of the fine and expenses, may sentence the respondent to imprisonment for any period not exceeding six months;
(ii)A prosecution shall not be instituted F53. . ., except as respects a fine for the contravention of the provisions of this Act as to the registration of works, after the expiration of three months from the commission of the offence;
F54(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv)The sheriff may, on the application of either party, appoint a person to take down in writing the evidence of the witnesses, and may award to that person such remuneration as he thinks just, and the amount so awarded shall be deemed to be expenses in the proceeding;
(v)All jurisdictions, powers, and authorities necessary for the purposes of this section are conferred on the sheriff;
(c) . . . F55
Textual Amendments
F51Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460(2)
F52Words in s. 28(b)(i)(ii) and s. 28(b)(iii) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 1(9)(a), Sch. 24 (with ss. 7(6), 115, 177); S.I. 1996/186, art. 3
F53Words in s. 28(b)(ii) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 1(9)(b), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F54S. 28(b)(iii) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 1(9)(c), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F55S. 28(c) repealed by Control of Pollution Act 1974 (c. 40), Sch. 4
Modifications etc. (not altering text)
C11Functions of Secretary for Scotland now exercisable by Secretary of State: Scottish Board of Health Act 1919 (c. 20), s. 4(1)(d); Reorganisation of Offices (Scotland) Act 1928 (c. 34), s. 1 and Reorganisation of Offices (Scotland) Act 1939 (c. 20), s. 1
Marginal Citations
Nothing in this Act shall legalise any act or default that would, but for this Act, be deemed to be a nuisance, or otherwise be contrary to law, or deprive any person of any remedy by action, indictment, or otherwise, to which he would have been entitled if this Act had not passed.
Textual Amendments
F56S. 30 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI
This Act may be cited as the Alkali, &c. Works Regulation Act 1906 . . . . F57
Textual Amendments
F57Words repealed by Statute Law Revision Act 1927 (c. 42)
Modifications etc. (not altering text)
C12Unreliable marginal note
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F58Sch. 1 repealed (E.W.S.) by S.I. 1983/943, reg. 7(1)(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F59S. 26, Sch. 2 repealed by Statute Law Revision Act 1927 (c. 42)
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