The Clean Air (Arrestment Plant) (Exemption) Regulations 1969
S.I. 1969/1262 · Made 4 September 1969 · Extends to England, Wales and Scotland
CLEAN AIR
Made 4th September 1969
Laid before Parliament 12th September 1969
Coming into Operation 1st October 1969
The Minister of Housing and Local Government, in exercise of the powers conferred on him by sections 4(1), 4(3) and 13(1) of the Clean Air Act 1968, and of all other powers enabling him in that behalf, hereby makes the following regulations:—
Annotations to the whole text
Textual amendments
- F1
Regulations revoked (E.) (7.1.2015) by The Clean Air (Miscellaneous Provisions) (England) Regulations 2014 (S.I. 2014/3318), reg. 2(1), Sch. 4
Contents
- 1Title and commencement
- 2Interpretation
- 3Furnaces exempted from the operation of section 3(1) of the Clean Air Act 1968
- 4Prescribed form for the purposes of section 4(3) of the Clean Air Act 1968
- Signature
- Schedule 1Schedule 1
- Schedule 2: CLEAN AIR ACT 1968
- Section 4Exemption from requirement to fit arrestment plant
- Schedule 3
- Particulars to accompany application for exemption
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Explanatory note
1Title and commencementF1I1
These regulations may be cited as the Clean Air (Arrestment Plant) (Exemption) Regulations 1969 and shall come into operation on 1st October 1969.
2InterpretationF1I1
The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
3Furnaces exempted from the operation of section 3(1) of the Clean Air Act 1968F1I1
The classes of furnace set out in column (1) of schedule 1 to these regulations shall while used for a purpose set out in column (2) opposite that class be exempted from the provisions of section 3(1) of the Clean Air Act 1968 (which requires the fitting of arrestment plant to certain new furnaces).
4Prescribed form for the purposes of section 4(3) of the Clean Air Act 1968F1I1
For the purposes of section 4(3) of the Clean Air Act 1968 (which requires an application for exemption of a furnace from the requirement to fit arrestment plant pursuant to section 3(1) of that Act to be made to the local authority in the prescribed form and to be accompanied by the prescribed particulars) the prescribed form shall be the form set out in schedule 2 to these regulations and the prescribed particulars shall be the particulars set out in schedule 3.
Signature
F1Given under the official seal of the Minister of Housing and Local Government on 4th September 1969.
L.S.
Anthony Greenwood
Minister of Housing and Local Government
Schedule 1I1F1
Exempted Furnaces
Section 4Exemption from requirement to fit arrestment plantI1F1
Application for exemption by the local authority of a furnace from the operation of section 3(1) of the Act
Name and address of local authority
- A.
Full name and address of applicant - B.
TelephoneNo. - C.
Address of premises where furnace is or will be situated (if different from above) - D.
Name and address of consultant, contractor, or other agent (if employed) - E.
TelephoneNo. - B. 1.
Description of furnace for which exemption is sought - 2.
Purpose for which it is to be used - C.
Grounds on which exemption is claimed (Note 1) - I.
Signed by or on behalf of the applicant - J.
Date (Note 2)
Notes 1 and 2
1. Section 4(2) of the Clean Air Act 1968 provides:—
“
If on the application of the occupier of a building a local authority are satisfied that the emission of grit and dust from any chimney serving a furnace in the building will not be prejudicial to health or a nuisance if the furnace is used for a particular purpose without compliance with section 3(1) above, they may exempt the furnace from the operation of that subsection while used for that purpose”.
2. Section 4(4) of the Clean Air Act 1968 provides:—
“
If a local authority to whom an application is duly made for an exemption under subsection (2) above fail to determine the application and to give a written notice of their decision to the applicant within eight weeks of receiving the application or such longer period as may be agreed in writing between the applicant and the authority, the furnace shall be treated as having been granted an exemption from the operation of section 3(1) while used for the purpose specified in the application”.
1I1F1
Type and description of furnace
2I1F1
Particulars of furnace—
Maximum continuous rating of furnace or of boiler served by furnace (BTU's per hour or pounds steam per hour from and at 100°C)
Type of fuel to be used (Note 3)
If solid fuel, state area of grate in square feet
Maximum rate of fuel consumption (per hour)
Method of firing (Note 4)
Type of draught—i.e. Natural
Mechanical—forced—induced—balanced
(Underline applicable words)
3I1F1
Does the material being heated or processed itself contribute to the emission of grit and dust? YES/NO
If Yes, state:
nature of material
processing rate (per hour)
4I1F1
Pattern of operation
Degree of use (i.e. permanent, temporary or standby)
Working hours:
per dayper weekper year
Does load on plant vary? YES/NO
If Yes, in what degree?
5I1F1
Any other information relevant to the application
Notes 3 and 4
3. If oil specify type and viscosity. If solid fuel is coal, give Coal Board specification, or colliery source, if known.
4. If by mechanical stoker, state type.
Explanatory note
Section 3(1) of the Clean Air Act 1968 requires that certain new furnaces shall be provided with plant approved by the local authority for arresting grit and dust. Section 4(1) of the Act empowers the Minister of Housing and Local Government to exempt prescribed classes of furnaces from the above requirements while used for a prescribed purpose. The Regulations prescribe such classes and purposes. Applications may also be made to the local authority under section 4(2) of the Act for the exemption of individual furnaces from the requirements of section 3(1). The Regulations prescribe the form of application and the particulars to accompany that form.