View report page

By Sections 31 and 32 of the Clean Air Act, 1956, various general provisions of the Public
Health Act, 1936 and the Public Health (London) Act, 1936 are applied with suitable modifications
as if the Clean Air Act were a part of those Acts. The Act therefore forms part of the
public health code. The authorities which are local authorities for public health purposes become
local authorities under the Clean AirAct,and their functions are in consequence extended. Hence,
under Section 29, it is the duty of the Court of Common Council, as the Port Health Authority of
the Port of London and the local sanitary authority for the City of London, to administer the provisions
of the Act in the Port and City of London, but as regards the Port Health Authority, it
should be noted that under an Order of the Local Government Board giving assignment of powers
dated 30th June, 1898, the powers of the Port Health Authority extend "as well in and over the
whole of any wharf and of the area within the gates of any dock and the buildings thereon respectively,
forming part of or abutting upon the Port of London as in and over all waters within
the limits of the said Port".
Under the City's own local legislation — The City of London (Various powers) Act, 1954,
Part II - Smoke Abatement - Section 4 (and subject to the other provisions of this section) - the
emission of smoke from any premises in the City is prohibited. This legislation does not apply
to the Port of London. The 'other provisions' referred to above provide certain defences in any
proceedings, e.g. any emission of smoke by the burning of an authorised fuel; by burning any
other type of fuel because the authorised fuel was not available; and by the burning of any fuel
which has been approved by the Court of Common Council for the particular appliance, and burnt
in accordance with the conditions of approval already agreed by the Public Health Committee.
In addition, the Court of Common Council may exempt any premises from the provisions of Section
4 and under sub-section (9) of Section 4 the Various Powers Act does not apply to smoke
emitted from a railway locomotive.
Section 35 (4) of the Clean Air Act empowers the Minister after consultation with the Corporation
to repeal by Order any provision in the local legislation which appears to him to be
unnecessary having regard to the provisions of the Clean Air Act, but this power may be exercised
only with the consent of the Corporation.
Having regard to the smoke abatement provisions of the City of London (Various Powers)
Act, 1954, the effect of the (Appointed Day) Order under the Clean Air Act, 1956, may be summarised
as follows:—
Installation of new furnaces. Section 3 of the Clean Air Act, 1956 applies to all new furnaces
installed after the 31st December, 1956 in buildings or in boilers and industrial plant except
furnaces designed solely or mainly for domestic use with a heating capacity of less than 55,000
British thermal units per hour. In short, the section covers industrial furnaces and other large
furnaces such as may be found in hotels and blocks of flats, but not small domestic appliances
in houses, offices and shops.
This section requires the person proposing to install the furnace to give notice of intention
to the local authority. It is not necessary to submit plans or specifications when giving notice.
The purpose of notification is solely to enable local authorities to know when and where new
furnaces are being installed, and they are not required on receiving notice either to give or to
withhold their approval. Where, however, a person proposing to install a new furnace chooses to
submit plans and specifications, and where he subsequently installs the furnace in accordance
with approved plans, the furnace is deemed to comply with the requirements of section 3, i.e. to
be capable, so far as practicable, of continuous operation without emitting smoke when burning
fuel of a type for which it was designed. Approval will not be a bar to proceedings for a contravention
of any other provisions of the Act, e.g. the emission of dark smoke following the improper
use of the furnace. Recommendations relative to this section are appended.
In the application of section 3 of the Clean Air Act to the Port reference should be made to
the Order of 1889 giving assignment of powers as quoted in an earlier part of this report. It
should be noted that the area within the five great dock groups administered by the Port of
I.ondon Authority, an area over which the Port Health Authority also has powers of sanitary
administration, amounts to more than 3,000 acres, approximately five times as much as the area
of the City of London itself. In this large area there are very many buildings, although probably
not much prospect of new buildings being erected to any great extent because the area is already
built up for the most part. Nevertheless we think that the same principle should apply here as in
the City, namely that notice should be given in respect of replacement of obsolete furnaces and
plant conversions in existing buildings to the Medical Officer of Health, and in respect of the
installation of apparatus in new buildings to the City Engineer, both Officers, being advisers to
the Corporation of London, which in one of its capacities acts as Port Health Authority of the
Port of London and in another, as local sanitary authority for the City of London.
Smoke control areas. Sections 11-15 inclusive provide for the declaration of smoke control
areas, the adaptation of fireplaces in private dwellings, Exchequer contributions, and the power
of a local authority to make grants towards the adaptations to fireplaces in churches, chapels,
buildings used by charities, &c. In general, the smoke abatement provisions of the City of
London (Various Powers) Act, 1954, cover the smoke control area requirements of the Clean Air
\ct, with the exception that, in the City, expenditure incurred on the adaptation of fireplaces
does not rank for Exchequer contribution.
18.