Clean Air Enactments (Repeals and Modifications) Regulations 1974
| Jurisdiction | UK Non-devolved |
| Citation | SI 1974/2170 |
| Year | 1974 |
1974 No. 2170
HEALTH AND SAFETY
CLEAN AIR
Clean Air Enactments (Repeals and Modifications) Regulations 1974
Made 20th December 1974
Laid before Parliament 20th December 1974
The Secretary of State for the Environment, in relation to England, the Secretary of State for Wales, in relation to Wales, and the Secretary of State for Scotland, in relation to Scotland, in exercise of the powers conferred on them by sections 15(1) and (3)(a), 80(1) and 82(3)(a) of the Health and Safety at Work etc. Act 1974 and of all other powers enabling them in that behalf, and after consultation with the Health and Safety Commission being the only body which it appeared to them to be appropriate to consult, hereby make the following regulations:—
Title and commencement
1.—(1) These regulations may be cited as the Clean Air Enactments (Repeals and Modifications) Regulations 1974.
(2) Regulation 3(a) shall come into operation on 2nd March 1975 and the remaining regulations shall come into operation on 1st January 1975.
Interpretation
2.—(1) In these regulations—
“” means
“” means and
“”
(2) The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
(3) In these regulations unless the context otherwise requires, references to any enactment are references to that enactment as amended by or under any other enactment.
The Act of 1906
3. In the Act of 1906 in its application to Great Britain—
(a) section 13 (which provides for an annual report by the chief alkali inspector) is hereby repealed;
(b) the provisions mentioned in column 1 of Schedule 1 to these regulations (which relate to the matters mentioned in column 2 of that Schedule) are hereby repealed; and
(c) the provisions mentioned in Schedule 2 to these regulations shall have effect subject to the modifications specified in that Schedule.
The Public Health (Smoke Abatement) Act 1926
4. The Public Health (Smoke Abatement) Act 1926 is hereby repealed.
The Alkali, &c. Works Regulation Order (Scotland) 1933
5. In the Alkali, &c. Works Regulation Order (Scotland) 19331—
(a) in Article 2 the definition of “the Department” is hereby repealed;
(b) in Article 3 the words are hereby repealed;
(c) in Article 6 the words from , where first occurring, to the end of the Article are hereby repealed;
(d) in Article 8 the words from to the end of the Article are hereby repealed;
(e) the second Schedule is hereby repealed; and
(f) in Articles 3, 5, 6, 7 and 8 references to the Department shall be construed as references to the Health and Safety Executive.
The Alkali, &c., Works Regulation (Scotland) Act 1951
6. The Alkali, &c., Works Regulation (Scotland) Act 1951 is hereby repealed.
7. Section 17(3) of the Clean Air Act 1956 (which empowers the amendment of orders extending the Act of 1906) is hereby repealed.
The Alkali, &c. Works (Registration) Order 1957
8. Articles 3, 5, 6 and 7 of the Alkali, &c. Works (Registration) Order 19572as originally enacted (which contains provisions about the registration of works subject to the Act of 1906) shall have effect as if the references therein to the Minister of Housing and Local Government were references to the Health and Safety Executive.
9. Section 11(5) of the Clean Air Act 1968 (which limits the operation of the Public Health (Smoke Abatement) Act 1926 and the Alkali, &c., Works Regulation (Scotland) Act 1951) is hereby repealed.
The Control of Pollution Act 1974
10. For subsection (2) of section 78 of the Control of Pollution Act 1974 (which relates to cable burning) there shall be substituted the following—
“2 A person who contravenes the provisions of the preceding subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400;
3 Proceedings for an offence under subsection (1) above shall not, in England and Wales, be instituted except by an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 or by or with the consent of the Director of Public Prosecutions.”.
References to inspectors
11. References in any provision of an enactment or document to—
(a) an inspector appointed under the Act of 1906 or
(b) the chief inspector,
shall, except where the...
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