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emission of smoke in such an area, on any day, is an offence unless the
emission was caused by the burning of an authorised fuel. Any such
order comes into operation on the date specified therein, which cannot,
however, be earlier than six months from the date of the Minister's
confirmation of the Order.
An Order made by a local authority
(a) may make different provision for different parts of the smoke
control area;
(b) may limit the operation of this section to specified classes
of building in the area
(c) may exempt specified buildings or classes of building or
specified fireplaces or classes of fireplace in the area from
the operation of this section, upon such conditions as may be
specified in the order.
The Minister may make orders exempting any class of fireplace if he
is satisfied that such fireplaces can be used for burning fuel other
than authorised fuel "without producing smoke or any substantial
quantity of smoke", and may also suspend or relax the operation of a
smoke control area order, although he must (except in cases of emergency)
first consult with the local authority.
SECTION 12 (Adap tat ion of fireplaces in private dwellings) enacts that
if the owner or occupier of a private dwelling not being a new dwelling
which is in, or will be in, a smoke control area has to incur expenditure
in adapting his heating arrangements, the local authority shall
repay to him at least seven-tenths of the expenditure' if they think fit they
may in any case pay the whole or any further part of the remainder.
This repayment is contingent on the work being done to the satisfaction
of the authority, and that it is done either before the order comes into
operation or is reasonably incurred as a result of a notice served by
the local authority requiring it to be done.
In the case of an occupier who is not the owner of a house, and who
installs equipment that can readily be removed, not more than half the
amount due (i e seven-twentieths of the cost) shall be repaid until
after two years from an order coming into operation. The remainder
shall then be paid only if the equipment has not been removed, and it is
Paid to the person then occupying the dwelling.
A local authority may serve upon the owner or occupier of a private
dwelling which is in a smoke control area a notice requiring the carry
ing out of any necessary adaptations. In default of compliance with
such a notice the authority may execute the work themselves under the
Provisions of (in London) Section 286 of the Public Health (London) Act,
1936, and recover payment of three tenths (or less) of the expenses
incurred,
SECTION 13 (Exchequer contributions) empowers the Exchequer to pay two
fifths of the cost of adapting fireplaces in all houses whether privately
owned or owned or controlled by the local authority. The local
authority's contribution will be three-tenths in the case of privately
owned houses and six tenths in the case of their own houses.
SECTION 14 (Interpretation of two last preceding sections) defines work
deemed to be reasonably necessary to avoid contravention of a smoke
control area order as any of the following works (whether in or outside
the dwelling)
(a) adapting or converting any fireplace: or