Section 9 Acquisition and sale of unauthorised fuel in a smoke control area.
England, Wales and Scotland
Any person who—
acquires any solid fuel, other than an authorised fuel, for use in a building in a smoke control area otherwise than in a building or fireplace exempted from the operation of section 11 of the principal Act; or
acquires any solid fuel, other than an authorised fuel, for use in a boiler or plant to which this paragraph applies in a smoke control area, not being a boiler or plant so exempted; or
sells by retail any solid fuel, other than an authorised fuel, for delivery by him or on his behalf to a building in a smoke control area or to premises in such an area in which there is a boiler or plant to which paragraph (b) above applies;
shall be liable on summary conviction to a fine not exceeding F1£100.
Subsection (1)(b) above applies to any boiler or industrial plant attached to a building or for the time being fixed to or installed on any land.
Subsection (1) above shall, in its application to a smoke control area in which the operation of section 11 of the principal Act is limited by an order under that section to specified classes of buildings, boilers or plant, have effect as if references therein to a building, boiler or plant were references to a building, boiler or plant of a class specified in the order.
The power of the appropriate Minister under section 11 of the principal Act to suspend or relax the operation of that section in relation to the whole or any part of a smoke control area shall include power to suspend or relax the operation of subsections (1) and (2) above in relation to the whole or any part of such an area.
A person shall not be convicted of an offence under this section consisting of the sale of fuel for delivery to a building or premises if he proves that he believed and had reasonable grounds for believing—
that the building was exempted from the operation of section 11 of the principal Act or, in a case where the operation of that section is limited to specified classes of building, was not of a specified class; or
that the fuel was acquired for use in a fireplace, boiler or plant so exempted or, in a case where the operation of that section is limited to specified classes of boilers or plant, in a boiler or plant not of a specified class.
Annotations
Textual amendments
- F1
Word substituted by Control of Pollution Act 1974 (c. 40), Sch. 2 para. 27
Notes on the whole Act
Textual amendments
- F1
Act repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6