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THE CLEAN AIR ACT, 1956
The new Clean Air legislation received the Royal Assent on the
5th July, 1956, and makes far-reaching changes. The Act has been
framed as part of the Public Health Code, and its enforcement in
London is the responsibility and function of Metropolitan Borough
Councils. The first appointed day for the coming into operation
of certain provisions of the Act was the 20th December, 1956.
The most important provisions of the Act are as follows:-
Section 1: The emission of "dark smoke" from any chimney,
including domestic chimneys, will be an offence. The former 'best
practical means' defence of the Public Health Act has been
repealed. Section 1 will not come into operation until the second
appointed day on a date to be fixed by the Minister.
Defences in legal proceedings under Section 1 are (a) lighting
up from a cold furnace (b) some unforeseeable and unavoidable failure
of the furnace or equipment and (c) the use of unsuitable fuel,
suitable fuel being unobtainable.
Section 2 deals with temporary exemption from the provisions of
Section 1, so that for a period of not more than seven years from the
passing of the Act it will be a defence to prove (a) that the contravention
was due to the nature of the building and equipment and not
to failure in use or maintenance, (b) that it had not been practicable
to make the alterations necessary to prevent the emission of dark
smoke. The local authority may on application at its discretion
issue certificates valid for one year at a time in relation to
existing furnaces and equipment, such certificates giving a qualified
and temporary exemption from strict compliance with Section 1.
Section 11 deals with Smoke Control Areas and is one of the
most important provisions of the Act. It became operative from the
20th December, 1956, and enables local authorities to establish
smoke control areas by means of Orders confirmed by the Minister.
The effect of an operative Order is, broadly speaking, to prohibit
entirely the emission of smoke from that area, but the provisions of
the Act are flexible and allow for adaptation to local circumstances.
Smoke Control Areas may, therefore, either be completely smokeless
or they may be areas in which certain classes of buildings are exempt
so that the area as a whole will not be entirely smokeless. The
Minister has also power to make Orders exempting any class of fireplace
from the provisions of Section 11, subject to any conditions
specified in the Order. In a Smoke Control Area the occupier of
any building from which smoke is emitted is guilty of an offence.
Exemption from the requirements of Section 11 is given to railway
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