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137
area, shall be a nuisance for which a fine not exceeding £10
may be imposed with cumulative penalties for subsequent
offences, at the discretion of the magistrate.
(b) That the Council shall have power to make by-laws, subject
to the approval of the Home Office or the Local Government
Board:
(i.) To bring under the terms of the provision set out in
conclusion (a) other instances of avoidable smoke
nuisance.
(ii.) To prescribe and revise from time to time a standard
of smoke nuisance to further define emissions of
smoke to be liable to penalties.
(iii.) To prohibit the adoption in new or re-constructed
factories, premises or buildings, of any furnace or
grate or other fuel consuming apparatus of a type
which shall have been proved to the satisfaction of
the Council to produce an unnecessary amount of
smoke.
(iv.) To prescribe any additional measures or requirements
necessary for the suppression and prevention of
smoke nuisance.
(v.) To provide a penalty for the breach of any such bylaw
not exceeding the penalty specified in conclusion
(a).
(c) That exemption from liability to penalties implied or
pressed in favour of Crown property or premises of electric
power corporations be repealed.
(d) That it shall be the duty of the several sanitary authorities to
enforce the provisions of the law and any by-laws made by
the Council.
(e) That the Council shall have joint authority with the several
administering bodies to enforce the law, and any by-law,
within the area as above defined, with power to recover from
the sanitary authority when it has been in default, the
expenses of proceedings not recovered by order of a court
and not incurred in unsuccessful proceedings.