Section 34 Interpretation.P1

In this Act, except so far as the context otherwise requires,—

• “appointed day” means such day as the Minister may by order appoint and different days may be appointed for different purposes, different areas and different provisions of this Act;

• “authorised fuel” means a fuel declared by regulations of the Minister to be an authorised fuel for the purposes of this Act;

• “authorised officer” means, as respects Scotland, any officer of a local authority authorised by them in writing, either generally or specially, to act in matters of any specified kind or in any specified matter;

• F1“building regulations” means, as respects Scotland, any statutory enactments, byelaws, rules and regulations or other provisions under whatever authority made, relating to the construction, alteration or extension of buildings;

• “chimney” includes structures and openings of any kind from or through which F2smoke, grit, dust or fumes may be emitted and, in particular, includes flues and references to a chimney of a building include references to a chimney which serves the whole or a part of a building but is structurally separate therefrom;

• F3“conditional sale agreement” means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled;

• “day” (except in the expression “the appointed day”) means a period of twenty-four hours beginning at midnight;

• “fireplace” includes any furnace, grate or stove, whether open or closed;

• F4“fumes” means any airborne solid matter smaller than dust

• “Heating” in relation to a dwelling includes the heating of water;

• F5“hire-purchase agreement” means an agreement, other than a conditional sale agreement under which—

In this Act “dark smoke” means smoke which, if compared in the appropriate manner with a chart of the type known at the date of the passing of this Act as the Ringelmann Chart, would appear to be as dark as or darker than shade 2 on the chart.

For the avoidance of doubt it is hereby declared that, in proceedings brought under or by virtue of section one or section sixteen of this Act, the court may be satisfied that smoke is or is not dark smoke as hereinbefore defined notwithstanding that there has been no actual comparison thereof with a chart of the said type; and, in particular, and without prejudice to the generality of the preceding provisions of this subsection, if the Minister by regulations prescribes any method of ascertaining whether smoke is dark smoke as so defined, proof in any such proceedings that that method was properly applied, and that the smoke was thereby ascertained to be or not to be dark smoke as so defined, shall be accepted as sufficient.

Any reference in this Act to the occupier of a building shall, in relation to any building different parts of which are occupied by different persons, be construed as a reference to the occupier or other person in control of the part of the building in which the relevant fireplace is situated.

In this Act, except so far as the context otherwise requires, “private dwelling” means any building or part of a building used or intended to be used as such, and a building or part of a building shall not be deemed for the purposes of this Act to be used or intended to be used otherwise than as a private dwelling by reason that a person who resides or is to reside therein is or is to be required or permitted to reside therein in consequence of his employment or of holding an office; and “dwelling” shall be construed accordingly.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

In considering for the purposes of this Act whether any and, if so, what works are reasonably necessary in order to make suitable provision for heating and cooking in the case of a dwelling or are reasonably necessary in order to enable a building to be used for a purpose without contravention of any of the provisions of this Act, regard shall be had to any difficulty there may be in obtaining, or in obtaining otherwise than at a high price, any fuels which would have to be used but for the execution of the works.

Any furnaces which are in the occupation of the same person and are served by a single chimney shall, for the purposes of sections six to eight of this Act, be taken to be one furnace.

Any reference in this Act to any enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any subsequent enactment (including this Act).