[SCHEDULE 1A Penalty for Emission of Smoke in Smoke Control Area in England] [or Wales]
Clean Air Act 1993 (1993 c 11) | Legislation

[SCHEDULE 1A Penalty for Emission of Smoke in Smoke Control Area in England]

[Section 19A]

[Key definitions

1

In this Schedule—

“relevant chimney†means—

(a)     a chimney of a building to which a smoke control order in England [or in Wales] applies, or

(b)     a chimney which serves the furnace of any fixed boiler or industrial plant to which a smoke control order in England [or in Wales] applies;

“person liableâ€, in relation to a relevant chimney, means—

(a)     if the chimney is the chimney of a building, the occupier of the building, or

(b)     if the chimney serves the furnace of any fixed boiler or industrial plant, the person having possession of the boiler or plant;

[“relevant national authority†means—

(a)     in relation to a smoke control order in England, the Secretary of State;

(b)     in relation to a smoke control order in Wales, the Welsh Ministers].

Notice of intent

2

(1)     This paragraph applies where a local authority is satisfied, on the balance of probabilities, that on a particular occasion smoke has been emitted from a relevant chimney within a smoke control area declared by that authority.

(2)

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