Clean Air Act 1956

Section 17.

SECOND SCHEDULE Amendments of Alkali, &c. Works Regulation Act, 1906

For subsection (2) of section one, there shall be substituted the following subsection—

“(2) The owner of any alkali work which is carried on in contravention of this section shall be guilty of an offence.”

For subsection (2) of section two, there shall be substituted the following subsection—

“(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.”

For subsection (2) of section three, there shall be substituted the following subsection—

“(2) The owner of any work which is carried on in contravention of this section shall be guilty of an offence.”

For subsection (3) of section six there shall be substituted the following subsection—

“(3) The owner of any sulphuric acid work or of any muriatic acid work which is carried on in contravention of this section shall be guilty of an offence.”

For subsection (2) of section seven there shall be substituted the following subsection—

“(2) If the owner of any such work fails, in the opinion of the court having cognizance of the matter, to use such means, he shall be guilty of an offence.”

For subsection (5) of section eight there shall be substituted the following subsection—

“(5) Any person who contravenes or fails to comply with any of the provisions of an order made under this section shall be guilty of an offence.”

For subsection (8) of section nine there shall be substituted the following subsection—

“(8) The owner of a work which has been carried on in contravention of this section shall be guilty of an offence.”

After section sixteen there shall be inserted the following section—

“16A Penalties for certain offences.

(1) A person guilty of an offence under this Act for which no express penalty is provided shall be liable on summary conviction to a fine not exceeding one hundred pounds:

Provided that where a person is convicted of such an offence 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 one hundred pounds or not exceeding twenty pounds 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.

(2) No proceedings shall be brought for any offence to which subsection (1) of this section applies except by an inspector and with the sanction of the central authority.

(3) In the application of this section to Scotland, subsection (2) shall be omitted. In paragraph (2) of section seventeen the words " except as respects a fine for the contravention of the provisions of this Act as to the registration of works " shall cease to have effect. In subsection (4) of section eighteen, for the words " under this Act" there shall be substituted the words " under section four of this Act.”