Clean Air Act 1956 (repealed 27.8.1993)

Smoke control areas E+W+S

11 Smoke control areas. E+W+S

(1) Any local authority may, by order . . . F1 , declare the whole of the district of the local authority or any part thereof to be a smoke control area.

(2) Subject to any exemptions and limitations for the time being in force under this section, if, on any day, smoke is emitted from a chimney of any building within a smoke control area, the occupier of that building shall be guilty of an offence:

Provided that in proceedings for an offence under this subsection, it shall be a defence to prove that the emission of smoke was not caused by the use of any fuel other than an authorised fuel.

(3) An order made by the local authority under this section—

(a) may make different provision for different parts of the smoke control area;

(b) may limit the operation of this section to specified classes of building in the area;

(c) may exempt specified buildings or classes of building or specified fireplaces or classes of fireplace in the area from the operation of this section, upon such conditions as may be specified in the order.

(4) The Minister may from time to time by order exempt any class of fireplace, upon such conditions as he may specify in the order, from the provisions of this section, if he is satisfied that such fireplaces can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke.

(5) An order made . . . F2 under this section may be revoked or varied by a subsequent order so made . . . F2 .

(6) The provisions of the First Schedule to this Act shall apply to the . . . F3 coming into operation of orders made by local authorities under this section.

(7) If at any time it appears to the Minister necessary or expedient so to do, he may by order suspend or relax the operation of this section in relation to the whole or any part of a smoke control area:

Provided that before making an order under this subsection the Minister shall consult with the local authority unless he is satisfied that, on account of urgency, such consultation is impracticable.

(8) Any order of the Minister under this section may be revoked or varied by a subsequent order of the Minister and the proviso to subsection (7) of this section shall apply to the revocation or variation of an order made thereunder.

(9) As soon as practicable after the making of an order under subsection (7) of this section or an order revoking or varying such an order, the local authority shall take such steps as appear to them suitable for bringing the effect of the order to the notice of persons affected.

(10) This section shall apply in relation to a chimney serving the furnace of any boiler or industrial plant (being a boiler or plant attached to a building or for the time being fixed to or installed on any land) as it applies in relation to a chimney of a building:

Provided that in relation to any such chimney as aforesaid which is not a chimney of a building, for the references in this section to buildings or to the occupier of the building there shall be substituted references respectively to boilers or plant or to the person having possession of the boiler or plant.

Textual Amendments

F1 Words repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), ss. 1(2), 194, Sch. 2 para. 2, Sch. 34 Pt. II

F2 Words repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), ss. 1(2), 194, Sch. 2 para. 2, Sch. 34 Pt. II

F3 Words repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), ss. 1(2), 194, Sch. 2 para. 2, Sch. 34 Pt. II

12 Adaptation of fireplaces in private dwellings. E+W+S

(1) If, after the [F4 making of an order] by a local authority under the last preceding section, the owner or occupier of, or any person interested in, any private dwelling which is or will be within a smoke control area as a result of the order, not being a new dwelling, incurs expenditure on adaptations in or in connection with the dwelling to avoid contraventions of the last preceding section, the local authority shall repay to him seven-tenths of that expenditure and may, if they think fit, also repay to him the whole or any part of the remainder of that expenditure:

Provided that this subsection shall not apply to any expenditure unless—

(a) it either is incurred before the coming into operation of the order and with the approval of the local authority given for the purposes of this subsection or is reasonably incurred in carrying out adaptations required by a notice given under subsection (2) of this section; and

(b) the adaptations in question are carried out to the satisfaction of the local authority.

and where the expenditure is incurred by the occupier of a private dwelling who is not an owner thereof, and the adaptations consist of or include the provision of any cooking or heating appliance which can be readily removed from the dwelling without injury to itself or the fabric of the dwelling, the following provisions shall have effect as respects so much of the expenditure as represents the cost of the appliance, that is to say—

(i) not more than seven-twentieths of that part of that expenditure shall be repaid until two years from the coming into operation of the order; and

(ii) any further repayment of that part of that expenditure shall be made only if the appliance has not by then been removed from the dwelling and, if made, shall be made to the person who is the occupier of the dwelling at the end of the two years.

(2) The local authority may, by notice in writing served on the occupier or owner of a private dwelling which is, or when an order made . . . F5 as aforesaid comes into operation will be, within a smoke control area, require the carrying out of adaptations in or in connection with the dwelling to avoid contraventions of the last preceding section, and the provisions of Part XII of the M1 Public Health Act 1936, with respect to appeals against, and the enforcement of, notices requiring the execution of works shall apply in relation to any notice under this subsection, subject, however, to the modification that any reference in the said provisions to the expenses reasonably incurred in executing the works shall be construed as a reference to three-tenths of those expenses or such smaller fraction thereof as the local authority may in any particular case determine.

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

(a) subsection (2) of this section shall have effect as if the words from “and the provisions of Part XII” to the end of the subsection were omitted; and

(b) [F6 section [F7 27][F7 111] of the Housing (Scotland) Act [F7 1974][F7 1987]] (which provides for an appeal to the sheriff against certain notices requiring the execution of works under that Act) shall apply in relation to a notice under the said subsection (2) as it applies in relation to any such notice as is mentioned in paragraph (a) of subsection (1) of that section; and

(c) subject to any such right of appeal as aforesaid, if any person on whom a notice under the said subsection (2) is served fails to execute the works required by the notice within the time thereby limited, the local authority may themselves execute the works and may recover from that person three-tenths, or such smaller fraction as the local authority may in any particular case determine, of the expenses reasonably incurred by them in so doing.

Textual Amendments

F4 Words substituted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(2), Sch. 2 para. 2 (with effect for the purpose mentioned in s. 1(2)) except in application–) to orders made after the passing of Local Government, Planning and Land Act 1980 which revoke or vary orders made before its passing

F5 Words repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. II

F6 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F7 Figures “111” and “1987” substituted (S.) for “27” and “1974” respectively by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339, Sch. 23 para. 6(1)

Modifications etc. (not altering text)

C1 S. 12 excluded by Clean Air Act 1968 (c. 62), s. 11(1)

C2 S. 12(1) amended by Housing Act 1964 (c. 56), s. 95

Marginal Citations

M1 1936 c. 49.

13 Exchequer contributions. E+W+S

(1) The Minister may, out of moneys provided by Parliament, make a contribution towards the following expenses of any local authority, that is to say—

(a) any expenses of the local authority in making . . . F8 payments under subsection (1) of the last preceding section . . . F8 ;

(b) any expenses incurred by them in making, in or in connection with private dwellings owned by them or under their control, not being new dwellings, adptations to avoid contraventions of section eleven of this Act; and

(c) any expenses incurred by them in carrying out adaptations required by notices under subsection (2) of the last preceding section in or in connection with dwellings which are not new dwellings:

Provided that no expenses shall be taken into account under this subsection unless they are approved by the Minister.

(2) A contribution under subsection (1) of this section in respect of any expenses shall be a single payment equal, in the case of expenses mentioned in paragraph (a) of that subsection, to four-sevenths, and, in the case of other expenses, to two-fifths, of the amount of the expenses.

Textual Amendments

F8 Words repealed by Housing Act 1964 (c. 56), s. 95(6), Sch. 5 except for the purposes of the application of para (a) to expenses incurred before 16.8.1964

Modifications etc. (not altering text)

C3 S. 13 amended by Housing Act 1964 (c. 56), s. 95; extended by Clean Air Act 1968 (c. 62), s. 8(8), excluded by ibid., s. 11(1)

14 Interpretation of two last preceding sections. E+W+S

(1) In the two last preceding sections, references to adaptations in or in connection with a dwelling to avoid contraventions of section eleven of this Act shall be construed as references to the execution of any of the following works (whether in or outside the dwelling), that is to say—

(a) adapting or converting any fireplace; or

(b) replacing any fireplace by another fireplace or by some other means of heating or cooking; or

(c) altering any . . . F9 chimney which serves any fireplace; or

[F10 (cc) providing gas ignition, electric ignition or any other special means of ignition; or]

(d) carrying out any operation incidental to any of the operations aforesaid,

being works which are reasonably necessary in order to make what is in all the circumstances suitable provision for heating and cooking without contraventions of the said section eleven:

Provided that, except for the purposes of subsection (2) of section twelve of this Act, works which make such suitable provision as aforesaid shall not be deemed to be other than adaptations to avoid contraventions of the said section eleven by reason that they go beyond what is reasonably necessary for that purpose, but any expenditure incurred in executing them in excess of the expenditure which would have been reasonably incurred in doing what was reasonably necessary shall be left out of account.

(2) In the two last preceding sections, references to expenses incurred in the execution of works include references to the cost of any fixed cooking or heating appliance installed by means of the execution of the works, notwithstanding that the appliance can be readily removed from the dwelling without injury to itself or the fabric of the dwelling; and for the purposes of the two last preceding sections, a person who enters into [F11 either—

(i) a conditional sale agreement for the sale to him, or

(ii) a hire-purchase agreement for the bailment or (in Scotland) hiring to him,]

of a cooking or heating appliance shall be treated as having incurred on the date of the agreement expenditure of an amount equal to the price which would have been payable therefor if he had purchased it for cash on that date.

Textual Amendments

F9 Words repealed by Clean Air Act 1968 (c. 62), Sch. 2

F10 S. 14(1)(cc) added by Housing Act 1964 (c. 56), s. 95(9)

F11 Words substituted by Consumer Credit Act 1974 (c. 39), s. 192(4), Sch. 4 Pt. I para. 15

Modifications etc. (not altering text)

C4 S. 14 excluded by Clean Air Act 1968 (c. 62), s. 11(1)

C5 S. 14(1) amended by Housing Act 1964 (c. 56), s. 95(9)

15 Power of local authority to make grants towards adaptations to fireplaces in churches, chapels, buildings used by charities, &c. E+W+S

(1) If, after the [F12 making of an order] by a local authority under section eleven of this Act, the owner or occupier of any premises or part of any premises to which this section applies and which will be within a smoke control area as the result of the order incurs expenditure on adaptations in or in connection with the premises or part to avoid contraventions of the said section eleven, the local authority may, if they think fit, repay to him the whole or any part of that expenditure.

(2) This section applies to any premises or part of any premises which fall within one or more of the following paragraphs, that is to say—

(a) any place of public religious worship, being, in the case of a place in England or Wales, a place which belongs to the Church of England or to the Church in Wales (within the meaning of the M2 Welsh Church Act 1914) or which is for the time being certified as required by law as a place of religious worship;

(b) any church hall, chapel hall or similar premises used in connection with any such place of public religious worship, and so used for the purposes of the organisation responsible for the conduct of public religious worship in that place;

(c) any premises or part of any premises occupied for the purposes of an organisation (whether corporate or unincorporate) which is not established or conducted for profit and whose main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare.

(3) Section fourteen of this Act shall apply for the interpretation of this section as it applies for the interpretation of sections twelve and thirteen of this Act, but as if references therein to a dwelling were references to any premises or part of any premises to which this section applies.

Textual Amendments

F12 Words substituted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(2), Sch. 2 para. 2 (with effect for the purpose mentioned in s. 1(2)) except in application–) to orders made after the passing of Local Government, Planning and Land Act 1980 which revoke or vary orders made before its passing

Modifications etc. (not altering text)

C6 S. 15 excluded by Clean Air Act 1968 (c. 62), s. 11(1)

Marginal Citations

M2 1914 c. 91.