Clean Air Act 1993
1993 Chapter 11An Act to consolidate the Clean Air Acts 1956 and 1968 and certain related
enactments, with amendments to give effect to recommendations of the
Law Commission and the Scottish Law Commission.[ 27th May 1993]
Transfer of functionsThe functions previously conferred on the Secretary of State under section 19 of this Act, p.347 below,
with respect to the creation of smoke control areas by local authorities in Scotland, have been transferred to the Scottish Environment Protection Agency, SEPA: Environment Act 1995(c. 25), s.21,
p. 438 below. SEPA took over its functions under this Act on the transfer date, 1 April 1996: S.I. 1996/139.
OrdersA list of orders made, or which have effect as if made, under section 21 of this Act is at p.800 below.
RegulationsA list of regulations made, or which have effect as if made, under this Act is at p.799 below.
PART I: Dark Smoke
Prohibition of dark smoke from chimneys.1. (1) Dark smoke shall not be emitted from a chimney, of any building, and, if on any day, dark
smoke is so emitted, the occupier of the building shall be guilty of an offence.(2) Dark smoke shall not be emitted from a chimney (not being a chimney of a building) which
serves the furnace of any fixed boiler or industrial plant and if, on any day, dark smoke is so emitted, the person having possession of the boiler or plant shall be guilty of an offence.(3) This section does not apply to emissions of smoke from any chimney, in such classes of case
and subject to such limitations as may be prescribed in regulations made by the Secretary of State,
lasting for not longer than such periods as may be so prescribed.(4) In any proceedings for an offence under this section, it shall be a defence to prove--
|a. ||that the alleged emission was solely due to the lighting up of a furnace which was cold and that
all practicable steps had been taken to prevent or minimise the emission of dark smoke;|
|b. ||that the alleged emission was solely due to some failure of a furnace, or of apparatus used in
connection with a furnace, and that--|
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: A Manual of Environmental Protection Law:The Pollution Control Functions of the Environment Agency and SEPA.
Contributors: Michael Fry - Author.
Publisher: Clarendon Press.
Place of publication: Oxford.
Publication year: 1997.
Page number: 336.
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