Clean Air Act 1956 (repealed 27.8.1993)

Miscellaneous provisions E+W+S

24 F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F1 S. 24 repealed by Health and Safety at Work etc. Act 1974 (c. 37), Sch. 10

X1 25 Powers of local authorities as to research and publicity. E+W+S

A local authority may—

• (a), (b)

  . . . F2

• (c) arrange for the delivery of lectures and addresses, and the holding of discussions, on [F3 the problem of the pollution of the air.]

(d) arrange for the display of pictures, cinematograph films or models, or the holding of exhibitions, relating to that problem; and

(e) prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid.

Editorial Information

X1 Extends to E. & W. only, next following s. 25 extends only to S.

Textual Amendments

F2 S. 25(a)(b) repealed by Control of Pollution Act 1974 (c. 40, SIF 46:4), s. 109(2), Sch. 4

F3 Words substituted by Control of Pollution Act 1974 (c. 40), s. 79(10)

X2 25 Powers of local authorities as to research and publicity. E+W+S

A local authority may—

[F4 (a) undertake, or contribute towards the cost of, investigations and research relevant to the problem of the pollution of the air;

(b) arrange for the publication within their area of information on that problem;]

(c) arrange for the delivery of lectures and addresses, and the holding of on [F5 that problem][F5 the problem of the pollution of the air]

(d) arrange for the display of pictures, cinematograph films or models, or the holding of exhibitions, relating to that problem; and

(e) prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid.

Editorial Information

X2 Extends to S. only, next above s. 25 extends only to E. & W.

Textual Amendments

F4 S. 25(a)(b repealed (prosp.) (S.) by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

F5 Words “the problem of the pollution of the air” substituted (prosp.) (S.) for words “that problem” by Control of Pollution Act 1974 (c. 40), ss. 79(10), 109(2)

26 Unjustified disclosures of information. E+W+S

If any person discloses any information relating to any [F6 manufacturing process or] trade secret used in carrying on any particular undertaking which has been furnished to or obtained by him under this Act or in connection with the execution thereof, he shall, unless the disclosure is made—

(a) with the consent of the person carrying on that undertaking; or

(b) in connection with the execution of this Act; or

(c) for the purposes of any legal proceedings arising out of this Act or of any report of such proceedings,

be guilty of an offence.

Textual Amendments

F6 Words repealed (prosp.) (S.) by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

Modifications etc. (not altering text)

C1 S. 26 amended by Clean Air Act 1968 (c. 62), Sch. 1 para. 1, extended (E.W.S.) by Control of Pollution Act 1974 (c. 40), ss. 79(7), 109(2)

27 Penalties. E+W+S

(1) A person guilty of an offence under section one of this Act shall be liable on summary conviction, in the case of dark smoke from a chimney of a private dwelling, to a fine not exceeding [F7 level 3 on the standard scale], and, in the case of dark smoke from any other chimney, to a fine not exceeding [F8 [F7 level 5 on the standard scale] or, in the case of an offence under that section as applied to vessels by section 20 of this Act, [F7 level 5 on the standard scale]].

(2) A person guilty of an offence under subsection (3) of section three or section eleven of this Act shall be liable on summary conviction to a fine not exceeding [F7 level 3 on the standard scale].

(3) A person guilty of an offence under section twenty-six of this Act shall be liable on summary conviction to a fine not exceeding [F7 level 5 on the standard scale].

(4) A person guilty of an offence under any of the other provisions of this Act shall be liable on summary conviction to a fine not exceeding [F9 £400]:

Provided that where a person is convicted of such an offence (not being an offence under section eight of this Act) and it is shown to the satisfaction of the court that the offence was substantially a repetition or continuation of an earlier offence by him after he had been convicted of the earlier offence, he shall be liable, on summary conviction, to a fine not exceeding [F9 £400] or not exceeding [F9 £50] for every day on which the earlier offence has been so repeated or continued by him within the three months next following his conviction therefor, whichever is the greater.

(5) Any offence under any provision of this Act for which the maximum penalty which may be imposed does not exceed [F10 fifty pounds] may in Scotland be prosecuted in any court of summary jurisdiction within the meaning of [F11 the M1 Criminal Procedure (Scotland) Act 1975] having jurisdiction in the place where the offence was committed.

Textual Amendments

F7 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F8 Words substituted by Control of Pollution Act 1974 (c. 40), Sch. 2 para. 19(1)

F9 Words substituted by Control of Pollution Act 1974 (c. 40), Sch. 2 para. 19(4)

F10 Words substituted by Clean Air Act 1968 (c. 62), Sch. 1 para. 7

F11 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460(2)

Modifications etc. (not altering text)

C2 S. 27(4) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

C3 S. 27(4) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G (in relation to liability on first and subsequent convictions), applies (S.)

C4 S. 27(5) amended by Clean Air Act 1968 (c. 62), Sch. 1 para. 1

Marginal Citations

M1 1975 c. 21.

28 Power of county court to authorise works and order payments. E+W+S

(1) If works are reasonably necessary in or in connection with a building in order to enable the building to be used for some purpose without contravention of any of the provisions of this Act, the occupier of the building—

(a) may, if by reason of a restriction affecting his interest in the building he is unable to carry out the works without the consent of the owner of the building or some other person interested therein and is unable to obtain that consent, apply to the county court for an order to enable the works to be carried out by him; and

(b) may, if he considers that the whole or any proportion of the cost of carrying out the works should be borne by the owner of the building or some other person interested therein, apply to the county court for an order directing the owner or other person to indemnify him, either wholly or in part, in respect of the cost thereof,

and on an application under either of the preceding paragraphs the court may make such order as may appear to the court to be just.

(2) In the application of this section to Scotland for any reference to the county court there shall be substituted reference to the sheriff.

Modifications etc. (not altering text)

C5 S. 28 amended by Clean Air Act 1968 (c. 62), Sch. 1 para. 1

29 Enforcement. E+W+S

(1) It shall be the duty of the local authority to enforce the provisions of this Act:

Provided that nothing in this section shall be construed as extending to the enforcement of—

(a) [F12 any of the provisions of the M2 Alkali, &c. Works Regulation Act 1906; or]

(b) any building [F13 regulations.]

(2) A local authority in England and Wales may institute proceedings for an offence under section one of this Act in the case of any smoke which affects any part of their district notwithstanding that the smoke is emitted from a chimney outside their district [F14 and may institute proceedings for an offence under section 1 of the M3 Clean Air Act 1968 in the case of any smoke which affects any part of their district notwithstanding that the smoke is emitted from premises outside their district].

(3) Nothing in this section shall be construed as authorising a local authority in Scotland to institute proceedings for an offence against this Act.

Textual Amendments

F12 S. 29(1)(a) repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. I

F13 Word substituted by Public Health Act 1961 (c. 64), Sch. 1 Pt. III

F14 Words added by Clean Air Act 1968 (c. 62), Sch. 1 para. 8

Modifications etc. (not altering text)

C6 S. 29 amended by Clean Air Act 1968 (c. 62), Sch. 1 para. 1

Marginal Citations

M2 1906 c. 14.

M3 1968 c. 62.

30 Duty to notify occupiers of offences. E+W+S

(1) If, in the opinion of an authorised officer of the local authority, an offence is being or has been committed under section one or section eleven of this Act [F15 or a nuisance to which section sixteen of this Act applies exists or has existed], he shall, unless he has reason to believe that notice thereof has already been given by or on behalf of the local authority, as soon as may be notify the occupier of the premises, the person having possession of the boiler or plant, the owner of the railway locomotive engine or the owner or master or other officer or person in charge of the vessel, as the case may be, and, if his notification is not in writing, shall, [F16 before the end of the four days next following the day on which] he became aware of the offence, confirm the notification in writing.

(2) In any proceedings for an offence under section one or section eleven of this Act it shall be a defence to prove that the provisions of subsection (1) of this section have not been complied with in the case of the offence, and if no such notification as is required by that subsection has been given before the end of the [F17 four days] next following the day of the offence, the said subsection (1) shall be deemed not to have been complied with unless the contrary is proved.

Textual Amendments

F15 Words repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. I

F16 Words substituted, except in relation to offences committed before 1.1.1976, by Control of Pollution Act 1974 (c. 40), Sch. 3 para. 16(1)(3)

F17 Words substituted, except in relation to offences committed before 1.1.1976, by Control of Pollution Act 1974 (c. 40), Sch. 3 para. 16(2)(3)

Modifications etc. (not altering text)

C7 S. 30 amended by Clean Air Act 1968 (c. 62), Sch. 1 para. 8

31 Application of Public Health Act 1936, &c. E+W+S

(1) Parts I and XII of the M4 Public Health Act 1936 (which contain provisions relating to local administration and general and supplemental provisions) shall, so far as applicable and subject to the modifications and supplementary provisions contained in Part I of the Third Schedule to this Act, have effect in relation to this Act as if the provisions of this Act [F18 (other than the provisions amending the M5 Alkali, &c. Works Regulation Act 1906)] were provisions of the first mentioned Act.

(2) Any order made or having effect as if made under the Public Health Act 1936, which confers or imposes functions, rights or liabilities on a port health authority, being an order in force immediately before the appointed day, shall, as from the appointed day, have effect as if any references therein to, or which are to be construed as references to, functions, rights or liabilities of a local authority under all or any of the provisions of sections one hundred and one to one hundred and six of that Act included references to the functions, rights or liabilities of a local authority under this Act.

(3) Without prejudice to the provisions of subsections (1) and (2) of this section, any two or more local authorities may combine for the purpose of declaring an area to be a smoke control area and in that event—

(a) the smoke control area may be the whole of the districts of those authorities or any part thereof;

(b) the references in section eleven of this Act and the first Schedule to this Act, and the first reference in subsection (1) of section twelve of this Act, to the local authority shall be construed as references to the local authorities acting jointly;

(c) the reference in paragraph 2 of the said First Schedule to a place in the district of the local authority shall be construed as a reference to a place in each of the districts of the local authorities; but

(d) save as aforesaid the references in this Act to the local authority shall, in relation to a building or dwelling, or to a boiler or industrial plant, in the smoke control area, be construed as references to that one of the local authorities within whose district the building, dwelling, boiler or plant is situated.

(4) For the avoidance of doubt it is hereby declared that where a port health authority or joint board has functions, rights or liabilities under this Act—

(a) any reference in this Act to a local authority or its district includes, in relation to those functions, rights or liabilities, a reference to the port health authority or board or its district;

(b) for the purposes of this Act, no part of the district of any such port health authority or board is to be treated, in relation to any matter falling within the competence of the authority or board, as forming part of the district of any other authority.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(6) Any premises which extend into the districts of two or more authorities shall be treated for the purposes of this Act as being wholly within such one of those districts as may from time to time be agreed by those authorities, [F20 or, in default of agreement, determined by the Minister].

(7) In the application of this section to Scotland—

(a) for the reference to Parts I and XII of the M6 Public Health Act 1936, there shall be substituted a reference to the following provisions, that is to say, sections eighteen, one hundred and sixty-one, one hundred and sixty-four and one hundred and seventy-two of the M7 Public Health (Scotland) Act 1897, sections [F21 two, twenty to twenty-two, one hundred and sixty-one, one hundred and sixty-eight to one hundred and seventy-one, and [F22 section 197][F21 121 to 123, 131, 312 to 315 and 330] of the M8 Housing (Scotland) Act [F21 1966][F21 1987]] and [F21 section fourteen of the M9 Housing (Repairs and Rents) (Scotland) Act 1954][F21 section 336 of the Housing (Scotland) Act 1987]; and for the words “Part I of the Third Schedule” there shall be substituted the words “Part III of the Third Schedule”;

(b) for references to the M10 Public Health Act 1936, and to sections one hundred and one to one hundred and six of that Act there shall be substituted respectively references to the M11 Public Health (Scotland) Act 1897, and to sections sixteen to twenty-seven of that Act in so far as they relate to the nuisances specified in paragraphs (9) and (10) of the said section sixteen; and

(c) . . . F23

Textual Amendments

F18 Words repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 18 Pt. I

F19 S. 31(5) repealed by Local Government Act 1972 (c. 70), Sch. 30

F20 Words repealed (E.W.) by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 1), ss. 1(2), 194, Sch. 2 para. 3, Sch. 34 Pt. II

F21 Words “121 to 123, 131, 312 to 315 and 330”, “1987” and “section 336 of the Housing (Scotland) Act 1987” substituted (S.) for words “2, 20 to 22, 161, 168 to 171, 197”, “1966” and “section 14 of the Housing (Repairs and Rents) (Scotland) Act 1954” respectively by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339, Sch. 23 para. 6(2)

F22 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F23 S. 31(7)(c) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Modifications etc. (not altering text)

C8 S. 31 amended by Clean Air Act 1968 (c. 62), Sch. 1 para. 1

Marginal Citations

M4 1936 c. 49.

M5 1906 c. 14.

M6 1936 c. 49.

M7 1897 c. 38.

M8 1966 c. 34.

M9 1954 c. 50.

M10 1936 c. 49.

M11 1897 c. 38

32 F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F24 S. 32 repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

33 Regulations, orders and administrative expenses. E+W+S

(1) Any power conferred on the Ministry by this Act to make regulations or orders (other than orders under subsection (2) of section seventeen of this Act) shall be exercisable by statutory instrument, and any such statutory instrument shall, except in the case of an order under subsection (7) of section eleven of this Act, an order revoking or varying such an order or an order under subsection (4) of section thirty-five of this Act, be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

Textual Amendments

F25 S. 33(2) repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. XII

34 Interpretation. E+W+S

(1) In this Act, except so far as the context otherwise requires,—

• “appointed day” means such day as the Minister may by order appoint and different days may be appointed for different purposes, different areas and different provisions of this Act;

• “authorised fuel” means a fuel declared by regulations of the Minister to be an authorised fuel for the purposes of this Act;

• “authorised officer” means, as respects Scotland, any officer of a local authority authorised by them in writing, either generally or specially, to act in matters of any specified kind or in any specified matter;

• [F26 “building regulations” ] means, as respects Scotland, any statutory enactments, byelaws, rules and regulations or other provisions under whatever authority made, relating to the construction, alteration or extension of buildings;

• “chimney” includes structures and openings of any kind from or through which [F27 smoke, grit, dust or fumes may be emitted and, in particular, includes flues] and references to a chimney of a building include references to a chimney which serves the whole or a part of a building but is structurally separate therefrom;

• [F28 “conditional sale agreement” means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled;]

• “day” (except in the expression “the appointed day”) means a period of twenty-four hours beginning at midnight;

• “fireplace” includes any furnace, grate or stove, whether open or closed;

• [F29 “fumes” means any airborne solid matter smaller than dust]

• “Heating” in relation to a dwelling includes the heating of water;

• [F30 “hire-purchase agreement” means an agreement, other than a conditional sale agreement under which—

(a) goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired, and

(b) the property in the goods will pass to that person if the terms of the agreement are complied with and one or more of the following occurs—

(i) the exercise of an option to purchase by that person,

(ii) the doing of any other specified act by any party to the agreement,

(iii) the happening of any other specified event;]

• “industrial plant” includes any still, melting pot or other plant used for any industrial or trade purposes, and also any incinerator used for or in connection with any such purposes;

“local authority”, as respects Scotland, means [F31 an islands or district council];

• “the Minister” means, as respects England and Wales, [F32 the Secretary of State] and, as respects Scotland, the Secretary of State;

. . . F33

• “owner”, as respects Scotland, has the like meaning as in the M12 Public Health (Scotland) Act 1897;

• “port health authority” means, as respects Scotland, a port local authority constituted under Part X of the M13 Public Health (Scotland) Act 1897;

• “practicable” means reasonably practicable having regard, amongst other things, to local conditions and circumstances, to the financial implications and to the current state of technical knowledge, and “practicable means” includes the provision and maintenance of plant and the proper use thereof;

• “smoke” includes soot, ash, grit and gritty particles emitted in smoke.

(2) In this Act “dark smoke” means smoke which, if compared in the appropriate manner with a chart of the type known at the date of the passing of this Act as the Ringelmann Chart, would appear to be as dark as or darker than shade 2 on the chart.

For the avoidance of doubt it is hereby declared that, in proceedings brought under or by virtue of section one or section sixteen of this Act, the court may be satisfied that smoke is or is not dark smoke as hereinbefore defined notwithstanding that there has been no actual comparison thereof with a chart of the said type; and, in particular, and without prejudice to the generality of the preceding provisions of this subsection, if the Minister by regulations prescribes any method of ascertaining whether smoke is dark smoke as so defined, proof in any such proceedings that that method was properly applied, and that the smoke was thereby ascertained to be or not to be dark smoke as so defined, shall be accepted as sufficient.

(3) Any reference in this Act to the occupier of a building shall, in relation to any building different parts of which are occupied by different persons, be construed as a reference to the occupier or other person in control of the part of the building in which the relevant fireplace is situated.

(4) In this Act, except so far as the context otherwise requires, “private dwelling” means any building or part of a building used or intended to be used as such, and a building or part of a building shall not be deemed for the purposes of this Act to be used or intended to be used otherwise than as a private dwelling by reason that a person who resides or is to reside therein is or is to be required or permitted to reside therein in consequence of his employment or of holding an office; and “dwelling” shall be construed accordingly.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

(6) In considering for the purposes of this Act whether any and, if so, what works are reasonably necessary in order to make suitable provision for heating and cooking in the case of a dwelling or are reasonably necessary in order to enable a building to be used for a purpose without contravention of any of the provisions of this Act, regard shall be had to any difficulty there may be in obtaining, or in obtaining otherwise than at a high price, any fuels which would have to be used but for the execution of the works.

(7) Any furnaces which are in the occupation of the same person and are served by a single chimney shall, for the purposes of sections six to eight of this Act, be taken to be one furnace.

(8) Any reference in this Act to any enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any subsequent enactment (including this Act).

Textual Amendments

F26 Word substituted by Public Health Act 1961 (c. 64), Sch. 1 Pt. III

F27 Words substituted by Clean Air Act 1968 (c. 62), Sch. 1 para. 10

F28 Definition inserted by Consumer Credit Act 1974 (c. 39), s. 192(4), Sch. 4 Pt. I para. 16(a)

F29 Definition inserted by Clean Air Act 1968 (c. 62), Sch. 1 para. 10

F30 Definition of “hire–purchase agreement” substituted by Consumer Credit Act 1974 (c. 39), s. 192(4), Sch. 4 Pt. I para. 16(b)

F31 Words substituted by local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 128

F32 Words substituted by virtue of S.I. 1965/319, arts. 2(1), 10(1)(a), Sch. 1 Pt. I and 1970/1681, arts. 2(1), 6(3)

F33 Definition repealed by Clean Air Act 1968 (c. 62), Sch. 2

F34 S. 34(5) repealed by Housing Act 1964 (c. 56), Sch. 5

Modifications etc. (not altering text)

C9 Power of appointment conferred by s. 34(1) fully exercised

C10 S. 34(2)(7) amended by Clear Air Act 1968 (c. 62), Sch. 1 paras. 11, 12 respectively

C11 S. 34(2) applied by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 79(7)

Marginal Citations

M12 1897 c. 38.

M13 1897 c. 38.

35 Repeals and transitional provisions. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

(2) The references in subsection (1) of this section and in the Fourth Schedule to this Act to section one hundred and fourteen of the M14 Railways Clauses Consolidation Act 1845, section one hundred and seven of the M15 Railways Clauses Consolidation (Scotland) Act 1845, and section one hundred and eight of the M16 Towns Improvement Clauses Act 1847, shall be construed as including references to those sections as incorporated or applied by any Act.

(3) Any building or other byelaws which have effect by virtue of subsection (2) of section one hundred and four of the M17 Public Health Act 1936, or subsection (4) of section one hundred and fifty-one of the M18 Public Health (London) Act 1936, and are in force immediately before the appointed day shall, notwithstanding the repeal of those sections, continue in force and have effect as if they had been made by virtue of section twenty-four of this Act.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

Textual Amendments

F35 S. 35(1) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

F36 S. 35(4) repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), ss. 1(2), 194, Sch. 2 para. 4, Sch. 34 Pt. II

Marginal Citations

M14 1845 c. 20.

M15 1845 c. 19.

M16 1847 c. 34.

M17 1936 c. 49.

M18 1936 c. 50.

36 Provisions as to Northern Ireland. E+W+S

The provisions of this Act . . . F37 shall not extend to Northern Ireland . . . F37

Textual Amendments

F37 Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

37 Short title and commencement. E+W+S

(1) This Act may be cited as the Clean Air Act 1956.

(2) This Act shall come into operation on the appointed day.

Modifications etc. (not altering text)

C12 Power of appointment conferred by s. 34(1) as to “appointed day” fully exercised: S.I. 1956/2022, 1958/167