Clean Air Act Regulation Consolidation

Overview

The Clean Air Act was first introduced in 1956 and subsequently revised in 1968 and 1993.  It tackles air pollution by controlling the emission of smoke, dust and grit.  It also gives local authorities power to designate and supervise smoke control areas in which it is an offence to emit smoke unless using exempt appliance/fuel.  The Act also has a number of associated Regulations.

This consultation seeks views on Defra’s proposal to consolidate six of these Regulations (noted below) that were made under various enabling provisions contained in the Clean Air Act 1956, the Clean Air Act 1968 and the Control of Pollution Act 1974. The enabling provisions were repealed and re-enacted by the Clean Air Act 1993 (the Act).

The consolidation forms part of the review of the Act and the associated Regulations which Defra is conducting as part of the Government’s Red Tape Challenge exercise. The new Clean Air (Miscellaneous Provisions) (England) Regulations 2014 (see related documents) will consolidate the following Regulations as set out below. Note that Regulation 1 contains provisions on citation, commencement, application and interpretation only.

Regulation 2 will replace the Dark Smoke (Permitted Periods) (Vessels) Regulations 1958 (S.I. 1956). This regulation will prescribe emissions of smoke from vessels that do not fall under section 1 of the Act, which, as applied by section 44 of that Act, makes it an offence to emit dark smoke from the chimney of a vessel.

Regulation 3 will replace the Clean Air (Arrestment Plant) (Exemption) Regulations 1969 (S.I. 1969/1262). This regulation will exempt certain classes of furnaces, while used for certain purposes, from section 6 of the Act, which requires the fitting of arrestment plant to certain new furnaces.

Regulation 4 will replace the Clean Air (Height of Chimneys) (Exemption) Regulations 1969 (S.I. 1969/411). This regulation will prescribe purposes that will exempt a boiler or plant from section 14(4) of the Act, which prohibits certain uses of furnaces of fixed boilers or industrial plant without obtaining approval of the height of the chimney serving the furnace and complying with the relevant conditions.

Regulations 5, 6, 7 and 9 will replace the Control of Atmospheric Pollution (Research and Publicity) Regulations 1977 (S.I. 1977/19). Section 36 of the Act enables local authorities to require the occupier of any premises (but not private dwellings) to provide information concerning the emission of pollutants and other substances into the air from the premises. These regulations will prescribe the kinds of emissions to which section 36 notices may relate, the kind of information which those notices may require and the manner in which such notices are to be sent by post.  They also prescribe the evidence which is to be regarded as sufficient evidence that such a notice has been given.  In addition they require each local authority to maintain a register containing information concerning emissions from premises which has been obtained by the authority under section 35 of the Act.

Regulation 8 will replace the Control of Atmospheric Pollution (Appeals) Regulations 1977 (S.I. 1977/17). This regulation will make provision in relation to appeals against section 36 notices which may be brought under section 37 of the Act.

Regulation 10 will replace the Control of Atmospheric Pollution (Exempted Premises) Regulations 1977 (S.I. 1977/18). This regulation will prescribe Crown premises to which section 36 of the Act is not to apply.

The proposed consolidation will not dilute or substantially alter existing legislative requirements.  Minor changes will be made to update references to the corresponding provisions in the Act. Changes will also be made to update the list of Crown premises to which section 36 of the Act is not to apply. The Crown premises changes reflect the fact that some premises have changed ownership or have ceased to exist.  This consolidation exercise will apply to England only.

The aim of this consolidation exercise is to improve ease of use for businesses and local authorities by making it easier to locate by creating a single set of Regulations and by updating references to the Act.  Your views are sought on whether the format (i.e. layout, structure etc) of the consolidated Regulations achieves this aim.  The consultation is not intended to reopen the policy decisions behind the detailed regulations.  Links to the existing Regulations are provided below:

The Dark Smoke (Permitted Periods) (Vessels) Regulations 1958 (S.I. 1958/878),

The Clean Air (Arrestment Plant) (Exemption) Regulations 1969 (S.I 1969/1262),

The Clean Air (Height of Chimneys) (Exemption) Regulations 1969 (S.I 1969/411),

The Control of Atmospheric, Pollution (Research and Publicity) Regulations 1977 (S.I. 1977/19),

The Control of Atmospheric Pollution (Appeals) Regulations 1977 (S.I 1977/17), and

The Control of Atmospheric Pollution (Exempted Premises) Regulations 1977 (S.I. 1977/18)