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On such last-mentioned provisions the operative clauses of this Bill
are founded, and they seek on the one hand to secure construction of
the furnace on the principle of consumption of its own smoke, and on
the other to put the onus of proof of careful user and working on the
person using and working the furnace.
Apart from the benefit to the public, and experience has shown
that it is no hardship to require the former because of the resulting
economy in fuel that has been abundantly proved, and as to the latter,
in any case in which there is emission of smoke to such extent as to
constitute an offence, while it is by no means easy for the local authority
to show that it is not, it is comparatively easy and so not unfair to expect
the person using the furnace to show that it is due to accident or other
non-preventible cause, and in such case it is provided there shall be no
offence.
In order to protect any industry in which, from its nature or requirements,
it is not reasonably practicable to secure smoke abatement, power
of exemption by the Local Government Board after due inquiry is
proposed to be given.
The Bill further seeks also to confer powers upon county councils, to
authorise local authorities to set up joint committees, with the approva 1
of the Local Government Board, for dealing with the emission of smoke;
and, following the analogy of the Alkali Acts, to give the Local Government
Board power to appoint trained inspectors who may prosecute
offenders in cases where the local authority has failed to perform its
duty in the matter.
Existing General Provisions (found to be inadequate).
The statutory provisions now generally applying throughout England
and Wales—the metropolis excepted—are contained in the Public
Health Act, 1875.
This Act places upon sanitary authorities the power and duty of
dealing with nuisances. Section 91 (7) enacts that "any fireplace or
furnace which does not, as far as practicable, consume the smoke arising
from the combustible used therein, and which is used for working engines
by steam," or in certain defined premises or in any manufacturing or
trade process, save, with certain modifications in favour of metallurgical
works and mines, and (8) "any chimney (not being the chimney of a
private dwelling house) sending forth black smoke in such quantity as
to be a nuisance, shall be deemed to be a nuisance liable to be dealt with
summarily in manner provided by this Act."