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Section 29 Enforcement.C1

England, Wales and Scotland

(1)

It shall be the duty of the local authority to enforce the provisions of this Act:

Provided that nothing in this section shall be construed as extending to the enforcement of—

(a)

F1any of the provisions of the M1Alkali, &c. Works Regulation Act 1906; or

(b)

any building F2regulations.

(2)

A local authority in England and Wales may institute proceedings for an offence under section one of this Act in the case of any smoke which affects any part of their district notwithstanding that the smoke is emitted from a chimney outside their district F3and may institute proceedings for an offence under section 1 of the M2Clean Air Act 1968 in the case of any smoke which affects any part of their district notwithstanding that the smoke is emitted from premises outside their district.

(3)

Nothing in this section shall be construed as authorising a local authority in Scotland to institute proceedings for an offence against this Act.

Annotations

Textual amendments

F1

S. 29(1)(a) repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. I

F2

Word substituted by Public Health Act 1961 (c. 64), Sch. 1 Pt. III

F3

Words added by Clean Air Act 1968 (c. 62), Sch. 1 para. 8

Marginal citations

M1

1906 c. 14.

M2

1968 c. 62.

Modifications

C1

S. 29 amended by Clean Air Act 1968 (c. 62), Sch. 1 para. 1

Notes on the whole Act

Textual amendments

F1

Act repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6.