The Clean Air (Miscellaneous Provisions) (England) Regulations 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/3318 |
(1) These Regulations may be cited as the Clean Air (Miscellaneous Provisions) (England) Regulations 2014 and come into force on 7th January 2015.(2) These Regulations apply in relation to England only.any reference to a section by number alone is a reference to the section of that number in the Clean Air Act 1993;“section 36 notice” means a notice served by a local authority under section 36(2) requiring information about air pollution from an occupier of premises.in the case of classes 1 and 2, 4 minutes;in the case of natural draught oil-fired boiler furnaces in class 4, 10 minutes; andin no case is black smoke emitted for more than 3 minutes in total in any period of 30 minutes.(2) In paragraph (1) (b) , “black smoke” means smoke which, if compared in the appropriate manner with a chart of the type known on 5th July 1956 (the date of the passing of the Clean Air Act 1956(3) ) as the Ringelmann Chart(4) , would appear to be as dark as or darker than shade 4 on the chart.(3) For the purposes of Schedule 1, a vessel is not under way when it is at anchor or made fast to the shore or bottom, and a vessel which is aground is deemed to be under way.A class of furnace listed in column 1 of Schedule 2 to these Regulations, while used for a purpose set out in column 2 in relation to that class, is exempted from the provisions of section 6(1) (which requires the fitting of arrestment plant to new non-domestic furnaces) . (1) The purposes set out in paragraph (2) are prescribed purposes in relation to section 14(7) (section 14 relates to the height of chimneys serving furnaces connected with boilers or industrial plant, but exempts from certain of its provisions any chimney serving the furnace of a boiler or plant used or to be used wholly for a prescribed purpose) .under inspection, maintenance or repair;being rebuilt; orbeing replaced by a permanent boiler or plant;providing a temporary source of heat or power during any building operation or work of engineering construction (within the meaning of section 176(1) of the Factories Act 1961(5) ) ;providing a temporary source of heat or power for investigation or research;providing products of combustion to heat other plant (whether directly or indirectly) to an operating temperature;providing heat or power by mobile or transportable plant for the purposes of agriculture (within the meaning of section 109(3) of the Agriculture Act 1947(6) ) .sulphur dioxide or particulate matter derived from any combustion process where the material being heated does not contribute to the emission; any gas or particulate matter derived from any combustion process where the material being heated contributes to the emission; any gas or particulate matter derived from any non-combustion process or other similar industrial activity. the total duration of all discharges from the specified premises during that period;the temperature in degrees Celsius,the efflux velocity in metres per second, andthe volume flow rates in cubic metres per hour,the total quantity of sulphur dioxide discharged during that period, to be ascertained, in the case of sulphur dioxide derived from a combustion process, either by calculation from the quantity of fuel or other matter burnt and its sulphur content, or, if the occupier of the premises and the local authority so agree, by direct measurement;the total duration of all discharges from the specified premises during that period;the temperature in degrees Celsius,the efflux velocity in metres per second, andthe volume flow rates in cubic metres per hour,the average concentration of particulates in the gases discharged during that period in grams per cubic metre at standard temperature and pressure (that is to say, a temperature of 15 degrees Celsius and a barometric pressure of one bar) ;the total quantity of particulates discharged during that period;the total duration of all discharges from the specified premises during the period;the temperature in degrees Celsius,the efflux velocity in metres per second, andthe volume flow rates in cubic metres per hour,the average concentration of specified pollutants in the discharges made during the period;the total quantity of specified pollutants discharged during the period.(2) Where a section 36 notice relates to an emission which has taken place before the giving of the notice, it may not require information of a kind prescribed by paragraph (1) concerning that emission, except and insofar as that information is in the possession of the occupier of the specified premises or immediately available to that occupier.(3) In this regulation, “specified”, in respect of any matter to which a section 36 notice relates, means specified in the relevant notice.(1) A notice served by post pursuant to section 233 of the Local Government Act 1972(7) (service of notices by local authorities) must be sent in a prepaid letter by recorded delivery.(2) A document purporting to be a copy of a notice signed by the proper officer of a local authority, and bearing a certificate purporting to be signed by the proper officer as to the date when and the person upon whom the notice was served, is evidence that a notice in the terms of the copy was duly authorised to be given by the local authority and was served in accordance with the facts stated in the certificate.(3) In this regulation “proper officer” means an officer appointed by a local authority for the purposes of Part 5 of the Clean Air Act 1993 and includes any person authorised to act in that behalf by an officer so appointed.(1) An appeal made under section 37(1) (appeals against notices under section 36) must be made by notice
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