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- Point in Time (01/02/1991)
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Version Superseded: 27/08/1993
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(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 [F1level 3 on the standard scale], and, in the case of dark smoke from any other chimney, to a fine not exceeding [F2[F1level 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, [F1level 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 [F1level 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 [F1level 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 [F3£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 [F3£400] or not exceeding [F3£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 [F4fifty pounds] may in Scotland be prosecuted in any court of summary jurisdiction within the meaning of [F5the M1Criminal Procedure (Scotland) Act 1975] having jurisdiction in the place where the offence was committed.
Textual Amendments
F1Words 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
F2Words substituted by Control of Pollution Act 1974 (c. 40), Sch. 2 para. 19(1)
F3Words substituted by Control of Pollution Act 1974 (c. 40), Sch. 2 para. 19(4)
F4Words substituted by Clean Air Act 1968 (c. 62), Sch. 1 para. 7
F5Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460(2)
Modifications etc. (not altering text)
C1S. 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.)
C2S. 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.)
C3S. 27(5) amended by Clean Air Act 1968 (c. 62), Sch. 1 para. 1
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