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SECTION 30 (Duty to notify occupiers of offences) requires an authorised
officer of a local authority if he considers that an offence is
being or has been committed with respect to dark smoke (Section 1),
smoke in a smoke control area (Section 11) or smoke which is a nuisance
(Section 16) "as soon as may be" to notify the occupier of the premises
(including the owner of a railway locomotive or person in charge of a
vessel). If this notification is not in writing he shall confirm it in
writing within 48 hours.
SECTION 32 (Application of Act to London) and Part II of the Third
Schedule define "local authority" for the purposes of the Act in its
relation to London, and confer powers of entry. Section 16 of the Act
(Abatement of Smoke Nuisances) is amended to provide for necessary
action to be taken under the appropriate provisions of the Public Health
(London) Act 1936, and penalties for offences against that Section.
SECTION 34 (Interpretation) contains,, inter alia, the following definitions
"Authorised fuel" means a fuel declared by regulations of the
Minister to be an authorised fuel for the purpose of this Act.
"Chimney" includes structures and openings of any kind from or through
which smoke or grit or dust may be emitted, "Fireplace" includes any
furnace, grate or stove, whether open or closed.
"Heating" in relation to a dwelling includes the heating of water.
"Industrial plant" includes any still, melting pot or other plant used
for any industrial or trade purposes,, and also any incinerator used for
or in connection with any such purposes.
"Practicable" means reasonably practicable having regard, amongst other
things, to local conditions and circumstances, to the financial implications
and to the current state of technical knowledge, and "practicable
means" includes the provision and maintenance of plant and the proper
use thereof.
"Smoke" includes soot, ash, grit and gritty particles emitted in smoke.
"Dark smoke" means smoke which, if compared in the appropriate manner
with a chart of the type known at the date of the passing of this Act as
the Ringelmann Chart, would appear to be as dark as or darker than shade
2 on the chart,
"Occupier" of a building means in relation to any building different
parts of which are occupied by different persons, the occupier or other
person in control of the part of the building in which the relevant
fireplace is situated,
"New dwelling" means a dwelling which either -
(a) was erected after the passing of this Act: or
(b) was produced by conversion,, after the passing of this Act, of
other premises, with or without the addition of premises
erected after the passing of this Act,
and for the purposes of this subsection, a dwelling or premises shall
not be treated as erected or converted after the passing of this Act
unless the erection or conversion was begun thereafter.
In considering for the purposes of this Act whether any and, if so,
what works are reasonably necessary in order to make suitable provision
for heating and cooking in the case of a dwelling or are reasonably
necessary in order to enable a building to be used for a purpose without
contravention of any of the provisions of this Act, regard shall be had