{
  "url": "https://openlegislation.uk/clean-air-act-1956-repealed-2781993/section-12",
  "json_url": "https://openlegislation.uk/clean-air-act-1956-repealed-2781993/section-12.json",
  "legislation": "ukpga/Eliz2/4-5/52",
  "legislation_title": "Clean Air Act 1956 (repealed 27.8.1993)",
  "legislation_url": "https://openlegislation.uk/clean-air-act-1956-repealed-2781993",
  "path": "section/12",
  "kind": "section",
  "number": "12",
  "heading": "Adaptation of fireplaces in private dwellings.",
  "text": "(1) If, after the making of an order by a local authority under the last preceding section, the owner or occupier of, or any person interested in, any private dwelling which is or will be within a smoke control area as a result of the order, not being a new dwelling, incurs expenditure on adaptations in or in connection with the dwelling to avoid contraventions of the last preceding section, the local authority shall repay to him seven-tenths of that expenditure and may, if they think fit, also repay to him the whole or any part of the remainder of that expenditure:\nProvided that this subsection shall not apply to any expenditure unless—\n(a) it either is incurred before the coming into operation of the order and with the approval of the local authority given for the purposes of this subsection or is reasonably incurred in carrying out adaptations required by a notice given under subsection (2) of this section; and\n(b) the adaptations in question are carried out to the satisfaction of the local authority.\nand where the expenditure is incurred by the occupier of a private dwelling who is not an owner thereof, and the adaptations consist of or include the provision of any cooking or heating appliance which can be readily removed from the dwelling without injury to itself or the fabric of the dwelling, the following provisions shall have effect as respects so much of the expenditure as represents the cost of the appliance, that is to say—\n(i) not more than seven-twentieths of that part of that expenditure shall be repaid until two years from the coming into operation of the order; and\n(ii) any further repayment of that part of that expenditure shall be made only if the appliance has not by then been removed from the dwelling and, if made, shall be made to the person who is the occupier of the dwelling at the end of the two years.\n(2) The local authority may, by notice in writing served on the occupier or owner of a private dwelling which is, or when an order made . . . as aforesaid comes into operation will be, within a smoke control area, require the carrying out of adaptations in or in connection with the dwelling to avoid contraventions of the last preceding section, and the provisions of Part XII of the Public Health Act 1936, with respect to appeals against, and the enforcement of, notices requiring the execution of works shall apply in relation to any notice under this subsection, subject, however, to the modification that any reference in the said provisions to the expenses reasonably incurred in executing the works shall be construed as a reference to three-tenths of those expenses or such smaller fraction thereof as the local authority may in any particular case determine.\n(3) In the application of this section to Scotland—\n(a) subsection (2) of this section shall have effect as if the words from “and the provisions of Part XII” to the end of the subsection were omitted; and\n(b) section 27111 of the Housing (Scotland) Act 19741987 (which provides for an appeal to the sheriff against certain notices requiring the execution of works under that Act) shall apply in relation to a notice under the said subsection (2) as it applies in relation to any such notice as is mentioned in paragraph (a) of subsection (1) of that section; and\n(c) subject to any such right of appeal as aforesaid, if any person on whom a notice under the said subsection (2) is served fails to execute the works required by the notice within the time thereby limited, the local authority may themselves execute the works and may recover from that person three-tenths, or such smaller fraction as the local authority may in any particular case determine, of the expenses reasonably incurred by them in so doing.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words substituted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(2), Sch. 2 para. 2 (with effect for the purpose mentioned in s. 1(2)) except in application–) to orders made after the passing of Local Government, Planning and Land Act 1980 which revoke or vary orders made before its passing"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. II"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Figures “111” and “1987” substituted (S.) for “27” and “1974” respectively by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339, Sch. 23 para. 6(1)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1936 c. 49."
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 12(1) amended by Housing Act 1964 (c. 56), s. 95"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "S. 12 excluded by Clean Air Act 1968 (c. 62), s. 11(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Eliz2/4-5/52/section/12",
    "retrieved_at": "2026-10-29T11:14:34.346401+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}