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Clean Air Act 1993 in England

1993 c. 11 · Enacted 27 May 1993 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 July 2026.

An Act to consolidate the Clean Air Acts 1956 and 1968 and certain related enactments, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

[27th May 1993] I1

C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C2C3C4C5C6C7

Annotations to the whole text

Modifications

C1

[A table showing the derivation of the provisions of this consolidation will be found at the end of this Act. The table has no official status.]

Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Act: applied (with modifications) (23.6.1999) by S.I. 1999/1736, art. 15

C2

Act modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts. 1(1), 4, Sch.

C3

Act modified (E.) (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I. 2010/1218), arts. 1(1), 4, Sch.

C4

Act modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), arts. 1(1), 4, Sch.

C5

Act modified (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I. 2010/1214), arts. 1, 4, Sch.

C6

Act applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

C7

Act applied (with modifications) (E.) (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2

Commencement

I1

Act wholly in force at 27.8.1993 see s. 68(2)

Contents

  1. Part I: Dark Smoke
  2. 1Prohibition of dark smoke from chimneys.
  3. 2Prohibition of dark smoke from industrial or trade premises.
  4. 3Meaning of “dark smoke”.
  5. Part II: Smoke, grit, dust and fumes
  6. Installation of furnaces Not yet in force
  7. 4Requirement that new furnaces shall be so far as practicable smokeless.
  8. Limits on rate of emission of grit and dust
  9. 5Emission of grit and dust from furnaces.
  10. Arrestment plant for furnaces
  11. 6Arrestment plant for new non-domestic furnaces.
  12. 7Exemptions from section 6.
  13. 8Requirement to fit arrestment plant for burning solid fuel in other cases.
  14. 9Appeal to Secretary of State against refusal of approval.
  15. Measurement of grit, dust and fumes
  16. 10Measurement of grit, dust and fumes by occupiers.
  17. 11Measurement of grit, dust and fumes by local authorities.
  18. 12Information about furnaces and fuel consumed.
  19. Outdoor furnaces
  20. 13Grit and dust from outdoor furnaces, etc.
  21. Height of chimneys
  22. 14Height of chimneys for furnaces.
  23. 15Applications for approval of height of chimneys of furnaces.
  24. 16Height of other chimneys.
  25. Smoke nuisances in Scotland
  26. Part III: Smoke control areas
  27. Creation of smoke control areas
  28. 18Declaration of smoke control area by local authority.
  29. 19Power of Secretary of State to require creation of smoke control areas.
  30. Regulation of smoke and fuel in smoke control areas in England
  31. 19APenalty for emission of smoke in smoke control area in England
  32. 19BAcquisition and sale of controlled solid fuel in England
  33. 19CExemptions relating to particular areas in England
  34. 19DInterpretation: “approved fireplace” and “controlled solid fuel”
  35. Regulation of smoke and fuel in smoke control areas in Wales
  36. 19EPenalty for emission of smoke in smoke control area in Wales
  37. 19FAcquisition and sale of unauthorised fuel: Wales
  38. 19GSection 19F: interpretation
  39. 19HExemptions relating to particular areas in Wales
  40. Prohibition on emission of smoke in smoke control area
  41. 20Prohibition on emission of smoke in smoke control area.
  42. 21Power ... to exempt certain fireplaces.
  43. 22Exemptions relating to particular areas.
  44. Dealings with unauthorised fuel
  45. 23Acquisition and sale of unauthorised fuel in a smoke control area.
  46. Adaptation of fireplaces
  47. 24Power of local authority to require adaptation of fireplaces in private dwellings.
  48. 25Expenditure incurred in relation to adaptations in private dwellings.
  49. 26Power of local authority to make grants towards adaptations to fireplaces in churches, chapels, buildings used by charities etc.
  50. 26ADuty of local authority to reimburse for adaptations of vessels in England
  51. Supplementary provisions
  52. 27References to adaptations for avoiding contraventions of ... Schedule 1A.
  53. 28Cases where expenditure is taken to be incurred on execution of works.
  54. 28AGuidance for local authorities in England
  55. 28BGuidance for local authorities in Wales
  56. 29Interpretation of Part III.
  57. Part IV: Control of certain forms of air pollution
  58. 30Regulations about motor fuel.
  59. 31Regulations about sulphur content of oil fuel for furnaces or engines.
  60. 32Provisions supplementary to sections 30 and 31.
  61. 33Cable burning.
  62. Part V: Information about air pollution
  63. 34Research and publicity.
  64. 35Obtaining information.
  65. 36Notices requiring information about air pollution.
  66. 37Appeals against notices under section 36.
  67. 38Regulations about local authority functions under sections 34, 35 and 36.
  68. 39Provision by local authorities of information for Secretary of State.
  69. 40Interpretation of Part V.
  70. Part VI: Special Cases
  71. 41Relation to Environmental Protection Act 1990.
  72. 42Colliery spoilbanks.
  73. 43Railway engines.
  74. 44Vessels.
  75. 45Exemption for purposes of investigations and research.
  76. 46Crown premises, etc.
  77. Part VII: Miscellaneous and general
  78. Power to apply certain provisions to fumes and gases
  79. 47Application to fumes and gases of certain provisions as to grit, dust and smoke.
  80. Power to give effect to international agreements
  81. 48Power to give effect to international agreements.
  82. Administration and enforcement
  83. 49Unjustified disclosures of information.
  84. 50Cumulative penalties on continuance of certain offences.
  85. 51Duty to notify occupiers of offences.
  86. 52Offences committed by bodies corporate.
  87. 53Offence due to act or default of another.
  88. 54Power of county court to authorise works and order payments.
  89. 55General provisions as to enforcement.
  90. 56Rights of entry and inspection etc.
  91. 57Provisions supplementary to section 56.
  92. 58Power of local authorities to obtain information.
  93. 59Inquiries.
  94. 60Default powers.
  95. 61Joint exercise of local authority functions.
  96. 62Application of certain provisions of Part XII of Public Health Act 1936 and corresponding Scottish legislation.
  97. General
  98. 63Regulations and orders.
  99. 64General provisions as to interpretation.
  100. 65Application to Isles of Scilly.
  101. 66Transitory provisions relating to Alkali, &c. Works Regulation Act 1906.
  102. 67Consequential amendments, transitional provisions and repeals.
  103. 68Short title, commencement and extent.
  104. Schedule 1: Coming into Operation of Smoke Control Orders
  105. 1Paragraph 1
  106. 1AParagraph 1A
  107. 1BParagraph 1B
  108. 2Paragraph 2
  109. 3Paragraph 3
  110. 4Paragraph 4
  111. 5Paragraph 5
  112. 6Paragraph 6
  113. 6AParagraph 6A
  114. 6BParagraph 6B
  115. 7Paragraph 7
  116. Schedule 1A: Penalty for emission of smoke in smoke control area in England or Wales
  117. 1Key definitions
  118. 2Notice of intent
  119. 3Amount of penalty
  120. 4Right to object to proposed financial penalty
  121. 5Decision regarding a final notice
  122. 6Final notice
  123. 7Withdrawal or amendment of notices
  124. 8Appeals
  125. 9Recovery of penalties
  126. 10Delegation
  127. 11Notices
  128. 12Notices: vessels which are moored
  129. Schedule 2: Smoke control orders: expenditure on old private dwellings
  130. Grants for expenditure incurred in adaptation of fireplaces
  131. 1Paragraph 1
  132. Exclusion of grants in case of unsuitable appliances
  133. 2Paragraph 2
  134. 3Paragraph 3
  135. Exchequer contributions to certain expenditure
  136. 4Paragraph 4
  137. Schedule 3: Provisions having effect until repeal of Alkali, &c Works Regulation Act 1906
  138. Part I: Relation of this Act to Alkali, &c. Works Regulation Act 1906
  139. 1Paragraph 1
  140. 2Paragraph 2
  141. 3Paragraph 3
  142. 4Paragraph 4
  143. 5Paragraph 5
  144. 6Paragraph 6
  145. Part II: Modifications of this Act
  146. 7Paragraph 7
  147. 8Paragraph 8
  148. 9Paragraph 9
  149. 10Paragraph 10
  150. 11Paragraph 11
  151. Schedule 4: Consequential amendments
  152. The Health and Safety at Work etc. Act 1974 (c. 37)
  153. 1Paragraph 1
  154. The Control of Pollution Act 1974 (c. 40)
  155. 2Paragraph 2
  156. The Public Health (Control of Disease) Act 1984 (c. 22)
  157. 3Paragraph 3
  158. The Environmental Protection Act 1990 (c. 43)
  159. 4Paragraph 4
  160. The Atomic Weapons Establishment Act 1991 (c. 46)
  161. 5Paragraph 5
  162. The Radioactive Substances Act 1993 (c. 12)
  163. 6Paragraph 6
  164. Schedule 5: Transitional provisions
  165. Part I: General transitional provisions and savings
  166. Continuity of the law
  167. 1Paragraph 1
  168. 2Paragraph 2
  169. 3Paragraph 3
  170. 4Paragraph 4
  171. General saving for old transitional provisions and savings
  172. 5Paragraph 5
  173. Part II: Exclusion and modification of certain provisions of this Act
  174. Requirements to fit arrestment plant: sections 6 & 8
  175. 6Paragraph 6
  176. Height of chimneys for furnaces: section 14
  177. 7Paragraph 7
  178. Smoke control orders
  179. 8Paragraph 8
  180. 9Paragraph 9
  181. Colliery spoilbanks: section 42
  182. 10Paragraph 10
  183. Part III: Confirmation and coming into operation of certain smoke control orders
  184. 11Paragraph 11
  185. 12Paragraph 12
  186. 12AParagraph 12A
  187. 12BParagraph 12B
  188. 13Paragraph 13
  189. 14Paragraph 14
  190. 15Paragraph 15
  191. 16Paragraph 16
  192. 17Paragraph 17
  193. 18Paragraph 18
  194. 19Paragraph 19
  195. 20Paragraph 20
  196. Schedule 6Repeals
  197. TABLE OF DERIVATIONS