Clean Air Act 1968 (repealed 27.8.1993)

Alkali, etc., worksE+W+S

[F111 Relation of Clean Air Acts to, and amendment of, Alkali Act.E+W+S

(1)Subject to the following provisions of this section, sections 1 to 16 of the principal Act and sections 1 to 10 above shall not apply to any work subject or potentially subject to the Alkali Act.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3)If, on the application of the local authority, the appropriate Minister is satisfied that in all the circumstances it is expedient so to do, he may by order exclude the application of subsections (1) and (2) above to the whole or any specified part of any work subject or potentially subject to the Alkali Act and, while those subsections are so excluded,—

(a)in any proceedings brought by virtue of section 1 or 11(2) of the principal Act (dark smoke, and smoke control orders) or section 1 of this Act in respect of the emission of smoke from the work or, as the case may be, the specified part thereof it shall be a defence to prove that the best practicable means had been employed to prevent or minimise the alleged emission; and

(b)in any proceedings brought by virtue of section 16(1) of the principal Act (smoke nuisances) in respect of smoke emitted from the work or, as the case may be, the specified part thereof, the defence provided for by the proviso to the said section 16(1) shall be available whether the smoke was emitted from a chimney or not.

(4)Any order made under subsection (3) above may be revoked or varied by a subsequent order made by the appropriate Minister.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(6)In this section—

• “Alkali Act” means the M1Alkali, &c., Works Regulation Act 1906;

• “work subject or potentially subject to the Alkali Act” means—

  (a)

  so much of any work registered under section 9 of that Act as is directly concerned in the processes which necessitate its registration under that section; and

  (b)

  so much of any work in the course of erection or alteration as will on the completion of the erection or alteration be directly concerned in such processes.

(7)The Minister may from time to time determine how much of any work mentioned in subsection (6) above is or will be directly concerned as aforesaid and his determination shall, until revoked or varied by him, be conclusive.

(8)Subsections (1), (2), (5) and (6) of section 17 of the principal Act (which make provision corresponding to the foregoing provisions of this section) shall cease to have effect, but any order made before the commencement of this section under the said subsection (2) as respects any work or any part thereof shall be treated as an order under subsection (3) above excluding the application of subsections (1) and (2) above to that work or, as the case may be, that part thereof and any determination made before the commencement of this section under the said subsection (3) shall be treated as if made under subsection (7) above.

(9)In section 17(3) and (4) of the principal Act “Alkali Act” has the same meaning as in this section.]

[F411A Relation to Environmental Protection Act 1990, Part I.E+W+S

(1)The preceding provisions of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process.

(2)The “determination date” for a prescribed process is—

(a)in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;

(b)in the case of a process for which an authorisation is refused the date of the refusal or, on an appeal, of the affirmation of the refusal.

(3)In this section “authorisation", “enforcing authority" and “prescribed process" have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.]