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Under section 1, which prohibits the emission of dark smoke from
the chimney of any building (except emissions lasting for not longer
than periods specified by the Minister by regulations), ordinarily action
under this section would be initiated by the public health inspector,
either as the result of a complaint, or as the result of his own observation
of his district. Under section 3, new furnaces (with some specified
exceptions) must be, so far as practicable, smokeless and must not be
installed unless notice has been given to the Council. The Council is
authorised to approve plans. Such notice will be referred to the medical
officer of health as the chief officer of the department and the plans will
be recommended for approval or otherwise after being considered by
the specialist smoke inspector, or in the more difficult cases after advice
has been obtained from a central organisation or panel of consultants.
Under section 6, it is required that new furnaces burning certain
fuels shall be fitted with plant to arrest grit and dust and this plant
must be approved by the Council. Under section 7, the Minister may
make regulations as to the measurement and recording of grit and dust
emitted from such furnaces and as to the making of such measurements
available to the Council. The Council may by notice apply the
regulations to any furnace or oven. Administration of the duties and
work under this section and under section 8 (which may require the
submission of information by the occupier on furnaces and fuel
consumed) and other administrative pojnts in other sections of Act, will
be dealt with by the public health department.
Smoke control areas
Under section 11 of the Clean Air Act the Council has power to
make an Order, which has to be confirmed by the Minister, declaring
the whole of the borough or any part of it a smoke control area. Under
this order, and subject to possible exemptions and limitations under the
section, if smoke is emitted from the chimney of any building within the
area the occupier is guilty of an offence, unless it can be shown that the
smoke was not caused by using other than an authorised fuel. There are
many provisos and limitations included in the section.
Under section 12, the Council must repay to an occupier or owner
7/10ths of the expenditure incurred by him on adaptations to avoid
contravening section 11 and they may also repay to him the whole or
any part of the remainder of the expenditure. To qualify for this
payment the work must be done to the Council's satisfaction. Various
other provisions apply where the expenditure is incurred in cases where
the occupier of a private dwelling is not the owner. The Council may,
by notice in writing, require the occupier or owner of a private dwelling
in a smoke control area to carry out adaptations to avoid contraventions
of section 11 and, in certain circumstances, the Council may do the
work themselves and recover not more than 3/10ths of the cost. Under
section 15, grants can be made for certain premises, such as church
halls etc., where necessary adaptations to fireplaces are required.