Clean Air Act 1993
What this means for your business
- Applies to
- United Kingdom
- On this page
- 26 compliance obligations, 1 practical guide
What you must do
26 compliance obligations under this legislation.
Payments and fees 1
Obtain approval and claim reimbursement for vessel adaptations
If a smokeācontrol order means your boat must be adapted to avoid penalties, you can claim back 70% of the cost from the local council ā but only if you get the councilās written approval before you spend and the work meets their satisfaction. The council will then pay you in equal monthly instalments for six months, unless you stop mooring there or the boat leaves the area for a total of three months.
Offences and prohibitions 25
Acquire or sell unauthorised solid fuel in a smoke control area
Fine up to Ā£1,000If you buy solid fuel (such as coal, wood or other unauthorised fuel) for use in a building, fireplace, boiler or industrial plant located in a smoke control area, or if you sell that fuel to any premises in such an area, you commit a criminal offence. On conviction in the Magistrates' Court you can be fined up to Ā£1,000. No prison term is attached to this offence.
Acquire or sell unauthorised solid fuel in a smokeācontrol area
Fine up to Ā£1,000If your business buys solid fuel (such as coal, wood, or other solid fuels) for use in a building, fireplace, boiler or industrial plant that is covered by a smokeācontrol order in Wales, or if you sell such fuel for delivery to those premises, you commit an offence. Conviction in the magistratesā court carries a fine of up to Ā£1,000. There is no prison term for this offence.
Breach fuel content regulations (sectionsāÆ30/31)
Unlimited fineIf you supply or use motor fuel or fuel oil that does not meet the content requirements set out in the regulations made under sectionsāÆ30 orāÆ31 of the Clean Air Act, you commit a criminal offence. On conviction in the Crown Court you face an unlimited fine; on summary conviction you face a fine up to the statutory maximum, although the regulations can remove the Crown Court route or lower the summary fine.
Burn cable insulation to recover metal
Unlimited fineIf you or your business burn the insulation from a cable in order to recover the metal, you are committing an offence unless the activity is covered by the specific pollutionāprevention regulations under the Pollution Prevention and Control Act 1999 or the Scottish regulatory reform. Conviction results in a fine that can be unlimited. The case will be dealt with in the Magistrates' Court.
Buy or sell controlled solid fuel for prohibited uses
Unlimited fineIt is an offence to acquire controlled solid fuel for use in a building, fireplace or boiler that is covered by a smoke control order in England. Retailers must warn buyers that the fuel cannot be used in those premises, and anyone delivering the fuel to such premises also commits an offence. On summary conviction a court can impose an unlimited fine (or up to Ā£1,000 for the acquisition offence).
Cause another person to breach the Clean Air Act
Unlimited fineIf someone else commits an offence under the Clean Air Act because of something you did or failed to do, you can be charged as if you committed the offence yourself. This secondary liability applies even if the primary offender is not prosecuted, meaning you could face the same penalties as the original offender.
Company and director liable for Clean Air Act breaches
Unlimited fineIf your company commits an offence under the Clean Air Act and that breach is the result of a director, manager, secretary or similar officerās consent, connivance or neglect, both the company and that officer can be prosecuted. They will face whatever fines, imprisonment or other sanctions apply to the underlying Clean Air Act offence.
Emit dark smoke from a chimney
Unlimited fineIf dark smoke is released from a building chimney, the buildingās occupier is liable, and if it comes from a chimney serving a fixed boiler or industrial plant, the person who owns that boiler or plant is liable. A conviction leads to a fine ā up to Ā£1,000 for a private dwelling, or an unlimited fine for other premises ā and the case is heard in the Magistrates' Court.
Emit dark smoke from industrial or trade premises
Fine up to Ā£20,000If you run or occupy any industrial or trade premises and dark smoke is emitted from the site, you and anyone who caused or allowed the emission commit a criminal offence. The offence is tried in the magistrates' court and can result in a fine of up to Ā£20,000. No imprisonment is provided for this breach.
Emit grit or dust above limit from a nonādomestic furnace
Unlimited fineIf your business operates a furnace that is not for domestic use and the chimney releases grit or dust at a rate higher than the limit set by regulation, or you fail to use practical measures to minimise emissions where no limit applies, you are committing an offence. On conviction you face an unlimited fine imposed by the magistrates' court. No imprisonment is provided for this offence.
Emit smoke from chimney in smoke control area
Fine up to Ā£1,000If a building you occupy or a boiler/industrial plant you control releases smoke from its chimney while it is located in a designated smoke control area, you commit a criminal offence. You can defend the charge only by proving the smoke came from an authorised fuel. On conviction you face a fine of up to Ā£1,000, dealt with in the Magistrates' Court.
Emit smoke from railway locomotive engine
Unlimited fineIf you own a railway locomotive engine you must use any practicable measures to minimise smoke from its chimney. If you fail to do so and smoke is emitted, you commit a criminal offence. On summary conviction you face an unlimited fine (levelāÆ5 on the standard scale) and may be subject to ongoing daily penalties for continued contravention.
Emit smoke in a smoke control area
Unlimited fineIf your business causes smoke to be released in an area that has been designated a smokeācontrol area in England, you commit a criminal offence. The law allows the courts to impose a financial penalty (the exact amount is set out in ScheduleāÆ1A of the Act). Failure to comply can therefore result in a fine, and possibly further enforcement action.
Emit smoke in a smoke control area in Wales
Unlimited fineIf your business (or anyone on your premises) releases smoke in a designated smokeācontrol area in Wales, you commit an offence. The law allows the regulator to impose a financial penalty ā typically an unlimited fine ā on conviction. No custodial sentence is mentioned in this section.
Fail to comply with furnace emission measurement duties
Unlimited fineIf your building has a furnace that burns pulverised fuel, solid fuel at 45.4āÆkg per hour or more, or liquid/gas fuel at 366.4āÆkW or more, the local authority can require you to record grit, dust and fumes from it.āÆFailing to take the measurements, keep the equipment, or share the results is a criminal offence.
Fail to comply with information notice or give false information
Unlimited fineIf a local authority serves you a notice asking for specific information, you must provide it as specified and within the time limit. Failing to do so without a reasonable excuse, or supplying information you know is false (or are reckless about its truth), is a criminal offence. Conviction in the magistrates' court can result in an unlimited fine.
Fail to comply with or give false information on airāpollution notice
Unlimited fineIf a local authority serves you a written notice asking for estimates or other information about emissions from your premises, you must provide it within six weeks (or any longer period the authority allows). Failing to do so without a reasonable excuse, or knowingly giving false or reckless information, is a criminal offence. On conviction in the magistrates' court you face an unlimited fine.
Fail to prevent combustion or smoke from mine or quarry spoil
Unlimited fineIf you own a coal or shale mine or a quarry, you must take all practicable steps to stop refuse from catching fire and to minimise any smoke or fumes it emits. Failing to do so is a criminal offence. On conviction in the magistrates' court you face an unlimited fine and possible cumulative daily penalties for continued breach.
Fail to provide required furnace information
Unlimited fineIf a local authority serves you (as the occupier of a building) with a written notice asking for details of any furnaces and the fuel or waste they burn, you must supply that information within 14 days (or the longer period stated). Failing to do so, or sending information you know is false in a material way, is a criminal offence.
Install furnace without notice or that emits smoke
Unlimited fineIf you install a new furnace in a building, industrial plant or boiler you must first give notice to the local authority and the furnace must, as far as practicable, be capable of running without emitting smoke. Breaching the notice requirement can lead to a fine up to Ā£1,000, while installing a furnace that is not practicably smokeless can attract an unlimited fine. The offence is tried in the Magistrates' Court (summary only).
Obstruct authorised entry under the Clean Air Act
Fine up to Ā£1,000If you deliberately block or interfere with a person who has legal authority to enter your land or vessel to carry out inspections under the Clean Air Act, you commit a criminal offence. On conviction in the Magistratesā Court you face a maximum fine of Ā£1,000. No prison term is provided for this offence.
Unjustified disclosure of trade secret information
Unlimited fineIf you reveal any tradeāsecret information that you have received under the Clean Air Act 1993 (or under a power in the Consumer Rights Act 2015) and the disclosure is not part of your statutory duty, not covered by sectionāÆ34(1)(b), and not with the consent of the rightful owner, you commit a criminal offence. On conviction you face an unlimited fine, dealt with in the Magistrates' Court.
Use domestic furnace without approved arrestment plant
Unlimited fineIf you operate a domestic furnace in any building to burn pulverised fuel or solid fuel at a rate of 1.02 tonnes per hour or more, you must have an approved gritāandādust arrestment system. Failing to have such a system makes the occupier of the building liable for an offence.
Use furnace or boiler without approved chimney height
Unlimited fineIf you run a furnace (or a boiler/industrial plant) that burns pulverised fuel, solid fuel at 45.4āÆkg per hour or more, or liquid/gas at 366.4āÆkW or more, and the chimney has not been approved for that height, you are committing an offence. On conviction you face an unlimited fine, dealt with in the magistratesā court.
Use nonādomestic furnace without approved arrestment plant
Unlimited fineIf you run a nonādomestic furnace that burns pulverised fuel, solid fuel at 45.4āÆkg per hour or more, or liquid/gas at 366.4āÆkW or more, and you do not have gritā and dustāarresting equipment approved by the local authority (and properly maintained), you are committing an offence. On summary conviction in the magistrates' court you face an unlimited fine.
Penalties for non-compliance
27 penalties under this legislation. 22 carry an unlimited fine.
Breach fuel content regulations (sectionsāÆ30/31)
Unlimited fine
Burn cable insulation to recover metal
Unlimited fine
Buy or sell controlled solid fuel for prohibited uses
Unlimited fine
Cause another person to breach the Clean Air Act
Unlimited fine
Company and director liable for Clean Air Act breaches
Unlimited fine
Emit dark smoke from a chimney
Unlimited fine
Emit dark smoke from a vessel
Unlimited fine
Emit grit or dust above limit from a nonādomestic furnace
Unlimited fine
Emit smoke from railway locomotive engine
Unlimited fine
Emit smoke in a smoke control area
Unlimited fine
Emit smoke in a smoke control area in Wales
Unlimited fine
Fail to comply with furnace emission measurement duties
Unlimited fine
Fail to comply with information notice or give false information
Unlimited fine
Fail to comply with or give false information on airāpollution notice
Unlimited fine
Fail to prevent combustion or smoke from mine or quarry spoil
Unlimited fine
Fail to provide required furnace information
Unlimited fine
Install furnace without notice or that emits smoke
Unlimited fine
Unjustified disclosure of trade secret information
Unlimited fine
Use domestic furnace without approved arrestment plant
Unlimited fine
Use furnace or boiler without approved chimney height
Unlimited fine
Use exempt furnace for unauthorised purpose
Unlimited fine
Use nonādomestic furnace without approved arrestment plant
Unlimited fine
Emit dark smoke from industrial or trade premises
Fine up to Ā£20,000
Acquire or sell unauthorised solid fuel in a smoke control area
Fine up to Ā£1,000
Acquire or sell unauthorised solid fuel in a smokeācontrol area
Fine up to Ā£1,000
Emit smoke from chimney in smoke control area
Fine up to Ā£1,000
Obstruct authorised entry under the Clean Air Act
Fine up to Ā£1,000
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
87 classified provisions from this legislation.
Duties 13
- s.19 Power of Secretary of State to require creation of smoke control areas. authority
- s.19H Exemptions relating to particular areas in Wales
- s.26A Duty of local authority to reimburse for adaptations of vessels in England
- s.28A Guidance for local authorities in England
- s.28B Guidance for local authorities in Wales
- s.30 Regulations about motor fuel. local weights and measures ā¦
- s.31 Regulations about sulphur content of oil fuel for furnaces or engines. local authority
- s.34 Research and publicity. a local authority
- s.37 Appeals against notices under section 36. authority
- s.38 Regulations about local authority functions under sections 34, 35 and 36. such notice is
- s.39 Provision by local authorities of information for Secretary of State. local authority
- s.51 Duty to notify occupiers of offences.
- s.55 General provisions as to enforcement. local authority
Offences and penalties 28
- s.1 Prohibition of dark smoke from chimneys.
- s.2 Prohibition of dark smoke from industrial or trade premises.
- s.4 Requirement that new furnaces shall be so far as practicable smokeless.
- s.5 Emission of grit and dust from furnaces.
- s.6 Arrestment plant for new non-domestic furnaces.
- s.7 Exemptions from section 6.
- s.8 Requirement to fit arrestment plant for burning solid fuel in other cases.
- s.10 Measurement of grit, dust and fumes by occupiers.
- s.12 Information about furnaces and fuel consumed.
- s.14 Height of chimneys for furnaces.
- s.19A Penalty for emission of smoke in smoke control area in England
- s.19B Acquisition and sale of controlled solid fuel in England
- s.19F Acquisition and sale of unauthorised fuel: Wales
- s.19E Penalty for emission of smoke in smoke control area in Wales
- s.20 Prohibition on emission of smoke in smoke control area.
- s.23 Acquisition and sale of unauthorised fuel in a smoke control area.
- s.32 Provisions supplementary to sections 30 and 31.
- s.33 Cable burning.
- s.36 Notices requiring information about air pollution.
- s.42 Colliery spoilbanks.
- ... and 8 more offences and penalties
Powers 19
- s.9 Appeal to Secretary of State against refusal of approval.
- s.11 Measurement of grit, dust and fumes by local authorities.
- s.15 Applications for approval of height of chimneys of furnaces.
- s.16 Height of other chimneys.
- s.18 Declaration of smoke control area by local authority.
- s.19C Exemptions relating to particular areas in England
- s.21 Power ... to exempt certain fireplaces.
- s.22 Exemptions relating to particular areas.
- s.26 Power of local authority to make grants towards adaptations to fireplaces in churches, chapels, buildings used by charities etc.
- s.35 Obtaining information.
- s.45 Exemption for purposes of investigations and research.
- s.47 Application to fumes and gases of certain provisions as to grit, dust and smoke.
- s.48 Power to give effect to international agreements.
- s.59 Inquiries.
- s.62 Application of certain provisions of Part XII of Public Health Act 1936 and corresponding Scottish legislation.
- s.63 Regulations and orders.
- s.65 Application to Isles of Scilly.
- Schedule 2 Smoke control orders: expenditure on old private dwellings
- Schedule 3 Provisions having effect until repeal of Alkali, &c Works Regulation Act 1906
Definitions 10
- s.3 Meaning of ādark smokeā. dark smoke
- s.19D Interpretation: āapproved fireplaceā and ācontrolled solid fuelā approved fireplace controlled solid fuel approved fuel
- s.19G Section 19F: interpretation exempt fireplace authorised fuel
- s.25 Expenditure incurred in relation to adaptations in private dwellings. old private dwelling
- s.27 References to adaptations for avoiding contraventions of ... Schedule 1A.
- s.28 Cases where expenditure is taken to be incurred on execution of works.
- s.29 Interpretation of Part III. conditional sale agreement hire-purchase agreement smoke control order
- s.40 Interpretation of Part V. appropriate agency
- s.61 Joint exercise of local authority functions.
- s.64 General provisions as to interpretation. authorised officer building regulations caravan
Exemptions 7
- Schedule 5 Transitional provisions
- s.41 Relation to Environmental Protection Act 1990.
- s.41A Relation to the Pollution Prevention and Control Act 1999 and Regulatory Reform (Scotland) Act 2014.
- s.46 Crown premises, etc.
- s.56 Rights of entry and inspection etc.
- s.60 Default powers.
- Schedule 1A Penalty for emission of smoke in smoke control area in England or Wales
Legislative context
- SI The Planning (Hazardous Substances) Act 1990 (Commencement and Transitional Provisions) Order 1992 (1992)
- SI The Smoke Control Areas (Authorised Fuels) (Amendment) (No. 2) Regulations 1992 (1992)
- SI The Smoke Control Areas (Authorised Fuels) (Amendment No. 2) Regulations 1998 (1998)
- SI The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1993 (1993)
- SI The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1996 (1996)
- SI The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1997 (1997)
- SI The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1998 (1998)
- SI The Smoke Control Areas (Authorised Fuels) (Amendment) (Wales) Regulations 2000 (2000)
- SI The Smoke Control Areas (Authorised Fuels) (Amendment) (Wales) Regulations 2001 (2001)
- SI The Smoke Control Areas (Authorised Fuels) (Amendment) (Wales) Regulations 2002 (2002)
- SI The Smoke Control Areas (Authorised Fuels) (No. 2) Regulations 1987 (1987)
- SI The Smoke Control Areas (Authorised Fuels) Regulations 1987 (1987)
- SI The Smoke Control Areas (Authorised Fuels) Regulations 1988 (1988)
- SI The Smoke Control Areas (Authorised Fuels) Regulations 1990 (1990)
- SI The Smoke Control Areas (Authorised Fuels) (Scotland) Regulations 1988 (1988)
- and 1 more