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Section 76 Regulations about sulphur content of oil fuel for furnaces or engines.C1C2

England, Wales and Scotland

(1)

For the purpose of limiting or reducing air pollution, the Secretary of State may by regulations impose limits on the sulphur content of oil fuel which is used in furnaces or engines.

(2)

It shall be the duty of the Secretary of State, before he makes any regulations in pursuance of this section, to consult such persons appearing to him to represent producers and users of oil fuel, such persons appearing to him to represent manufacturers and users of plant and equipment for which oil fuel is used and such persons appearing to him to be conversant with problems of air pollution as he considers appropriate.

(3)

Regulations under this section—

(a)

may prescribe the kinds of oil fuel, and the kinds of furnaces and engines, to which the regulations are to apply;

(b)

may apply standards, specifications, descriptions or tests laid down in documents not forming part of the regulations;

(c)

may authorise the Secretary of State to confer exemptions from any provision of the regulations;

(d)

may, without prejudice to the generality of section 104(1)(a) of this Act, make different provision for different areas.

(4)

It shall be the duty—

(a)

of every local authority to enforce the provisions of regulations under this section within its area, except in relation to a furnace which is part of a F1process subject to Part I of the Environmental Protection Act 1990 F2orF3work subject to the Alkali Act; and

(b)

of the inspectors appointed under that Act to enforce those provisions in relation to such furnaces;

but nothing in this section shall be taken to authorise a local authority in Scotland to institute proceedings for any offence.

(5)

In this section “oil fuel” means any liquid petroleum product produced in a refinery.

Annotations

Textual amendments

F1

Words in s. 76(4)(a) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 15(6), S.I. 1991/1042, art.2

F2

Word repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), 164(3), Sch. 16 Pt. I

F3

Words repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), 164(3), Sch. 16 Pt. I

Modifications

C1

S. 76: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

S. 76 modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

C2

S. 76: certain functions transferred (10.1.1992) by S.I. 1992/2913, art. 8(1)(3), Sch. 2

S. 76 modified (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2

Notes on Part IV

Textual amendments

F1

Ss. 75-84 (Pt. IV) repealed (27.8.1993) by 1993 c.11, ss. 67(3), 68(2), Sch. 6