Environmental compliance for manufacturers
- 1 step
UK Act of Parliament
1993
United Kingdom
Clean Air Act 1993
At a glance
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 17
- Occupier 9
- Director or Officer 1
Plus 12 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
2 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Occupiers also bound by 259 other Acts (top 5 shown)
- The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 2021 39 duties
- Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 2006 34 duties
- The Welfare of Animals (Slaughter or Killing) Regulations 1995 1995 34 duties
- Highways Act 1980 1980 23 duties
- Nitrate Pollution Prevention Regulations 2015 2015 18 duties
Directors and Officers also bound by 425 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 161 duties
- Companies Act 2006 2006 108 duties
- Insolvency Act 1986 1986 72 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 55 duties
- The Housing Administration (England and Wales) Rules 2018 2018 26 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — Dark Smoke
Prohibition of dark smoke from chimneys.
Unlimited fine- Emit dark smoke from a chimney Occupier
Prohibition of dark smoke from industrial or trade premises.
Fine up to £20,000- Emit dark smoke from industrial or trade premises Occupier
Browse 1 other section in this Part — procedural / definitional / commencement
Meaning of “dark smoke”.
Part II — Smoke, grit, dust and fumes
Requirement that new furnaces shall be so far as practicable smokeless.
Unlimited fine- Install furnace without notice or that emits smoke Any Person
Emission of grit and dust from furnaces.
Unlimited fine- Emit grit or dust above limit from a non‑domestic furnace Occupier
Arrestment plant for new non-domestic furnaces.
Unlimited fine- Use non‑domestic furnace without approved arrestment plant Occupier
Requirement to fit arrestment plant for burning solid fuel in other cases.
Unlimited fine- Use domestic furnace without approved arrestment plant Occupier
Measurement of grit, dust and fumes by occupiers.
Unlimited fine- Fail to comply with furnace emission measurement duties Occupier
Information about furnaces and fuel consumed.
Unlimited fine- Fail to provide required furnace information Occupier
Height of chimneys for furnaces.
Unlimited fine- Use furnace or boiler without approved chimney height Occupier
Browse 7 other sections in this Part — procedural / definitional / commencement
Exemptions from section 6.
Appeal to Secretary of State against refusal of approval.
Measurement of grit, dust and fumes by local authorities.
Grit and dust from outdoor furnaces, etc.
Applications for approval of height of chimneys of furnaces.
Height of other chimneys.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Part III — Smoke control areas
Power of Secretary of State to require creation of smoke control areas.
Other duties (1) — Crown / regulator
- Secretary of State may require the creation of smoke control areas Crown / Minister / Government department
Penalty for emission of smoke in smoke control area in England
Unlimited fine- Emit smoke in a smoke control area Any Person
Acquisition and sale of controlled solid fuel in England
Unlimited fine- Buy or sell controlled solid fuel for prohibited uses Any Person
Penalty for emission of smoke in smoke control area in Wales
Unlimited fine- Emit smoke in a smoke control area in Wales Any Person
Acquisition and sale of unauthorised fuel: Wales
Fine up to £1,000- Acquire or sell unauthorised solid fuel in a smoke‑control area Any Person
Exemptions relating to particular areas in Wales
Other duties (1) — Crown / regulator
- Welsh Ministers may suspend or relax smoke control area rules Crown / Minister / Government department
Prohibition on emission of smoke in smoke control area.
Fine up to £1,000- Emit smoke from chimney in smoke control area Occupier
Acquisition and sale of unauthorised fuel in a smoke control area.
Fine up to £1,000- Acquire or sell unauthorised solid fuel in a smoke control area Any Person
Duty of local authority to reimburse for adaptations of vessels in England
Other duties (1) — Crown / regulator
- Local authorities must reimburse 70% of vessel adaptation costs Local authority
Guidance for local authorities in England
Other duties (1) — Crown / regulator
- Local authorities must follow government guidance on clean air functions Local authority
Guidance for local authorities in Wales
Other duties (1) — Crown / regulator
- Local authorities in Wales must follow Welsh Ministers' air quality guidance Local authority
Browse 12 other sections in this Part — procedural / definitional / commencement
Declaration of smoke control area by local authority.
Exemptions relating to particular areas in England
Interpretation: “approved fireplace” and “controlled solid fuel”
Section 19F: interpretation
Power ... to exempt certain fireplaces.
Exemptions relating to particular areas.
Power of local authority to require adaptation of fireplaces in private dwellings.
Expenditure incurred in relation to adaptations in private dwellings.
Power of local authority to make grants towards adaptations to fireplaces in churches, chapels, buildings used by charities etc.
References to adaptations for avoiding contraventions of ... Schedule 1A.
Cases where expenditure is taken to be incurred on execution of works.
Interpretation of Part III.
Part IV — Control of certain forms of air pollution
Regulations about motor fuel.
Other duties (1) — Crown / regulator
- Secretary of State must consult before making motor fuel regulations Crown / Minister / Government department
Regulations about sulphur content of oil fuel for furnaces or engines.
Other duties (1) — Crown / regulator
- Secretary of State must consult before setting fuel sulphur limits Crown / Minister / Government department
Provisions supplementary to sections 30 and 31.
Unlimited fine- Breach fuel content regulations (sections 30/31) Any Person
Cable burning.
Unlimited fine- Burn cable insulation to recover metal Any Person
Part V — Information about air pollution
Research and publicity.
Other duties (1) — Crown / regulator
- Local authorities must protect trade secrets when publishing air quality data Local authority
Notices requiring information about air pollution.
Unlimited fine- Fail to comply with or give false information on air‑pollution notice Any Person
Appeals against notices under section 36.
- Appeal a local authority air pollution information notice Any Person
Regulations about local authority functions under sections 34, 35 and 36.
Other duties (1) — Crown / regulator
- Secretary of State must set rules for local authority air pollution duties Crown / Minister / Government department
Provision by local authorities of information for Secretary of State.
Other duties (1) — Crown / regulator
- Local authorities must monitor air pollution and report to the Secretary of State Local authority
Browse 2 other sections in this Part — procedural / definitional / commencement
Obtaining information.
Interpretation of Part V.
Part VI — Special Cases
Colliery spoilbanks.
Unlimited fine- Fail to prevent combustion or smoke from mine or quarry spoil Any Person
Railway engines.
Unlimited fine- Emit smoke from railway locomotive engine Any Person
Browse 5 other sections in this Part — procedural / definitional / commencement
Relation to Environmental Protection Act 1990.
Relation to the Pollution Prevention and Control Act 1999 and Regulatory Reform (Scotland) Act 2014.
Vessels.
Exemption for purposes of investigations and research.
Crown premises, etc.
Part VII — Miscellaneous and general
Unjustified disclosures of information.
Unlimited fine- Unjustified disclosure of trade secret information Any Person
Cumulative penalties on continuance of certain offences.
Unlimited fine- Repeatedly or continually commit air pollution offences Any Person
Duty to notify occupiers of offences.
Other duties (1) — Crown / regulator
- Local authority must notify you of smoke emission offences Local authority
Offences committed by bodies corporate.
Unlimited fine- Company and director liable for Clean Air Act breaches Director or Officer
Offence due to act or default of another.
Unlimited fine- Cause another person to breach the Clean Air Act Any Person
General provisions as to enforcement.
Other duties (1) — Crown / regulator
- Local authorities must enforce clean air and smoke emission laws Local authority
Provisions supplementary to section 56.
Fine up to £1,000- Obstruct authorised entry under the Clean Air Act Any Person
Power of local authorities to obtain information.
Unlimited fine- Fail to comply with information notice or give false information Any Person
Browse 14 other sections in this Part — procedural / definitional / commencement
Application to fumes and gases of certain provisions as to grit, dust and smoke.
Power to give effect to international agreements.
Power of county court to authorise works and order payments.
Rights of entry and inspection etc.
Inquiries.
Default powers.
Joint exercise of local authority functions.
Application of certain provisions of Part XII of Public Health Act 1936 and corresponding Scottish legislation.
Regulations and orders.
General provisions as to interpretation.
Application to Isles of Scilly.
Transitory provisions relating to Alkali, &c. Works Regulation Act 1906.
Consequential amendments, transitional provisions and repeals.
Short title, commencement and extent.
Schedules
Browse 73 other Schedules — structural / supplementary
Coming into Operation of Smoke Control Orders
Consequential amendments
Transitional provisions
Before making a smoke control order the local authority shall...
If the local authority is in Wales, it must also...
The requirement in paragraph 1A to publish the notice electronically...
Besides publishing such a notice, the local authority shall post,...
If an objection is duly made to the local authority...
Subject to paragraphs 5 and 6, an order shall come...
An order varying a previous order so as to exempt...
If, before the date on which the order is to...
When a local authority in England has made an order,...
When a local authority in Wales has made an order,...
In the application of this Schedule to Scotland, for any...
Penalty for emission of smoke in smoke control area in England or Wales
Key definitions
Delegation
Notices
Notices: vessels which are moored
Notice of intent
Amount of penalty
Right to object to proposed financial penalty
Decision regarding a final notice
Final notice
Withdrawal or amendment of notices
Appeals
Recovery of penalties
Smoke control orders: expenditure on old private dwellings
(1) This paragraph applies if, after the making of a...
For the purposes of this Schedule, an appliance is unsuitable...
(1) Sub-paragraph (2) applies if— (a) after a local authority...
(1) The Secretary of State may, out of money provided...
Provisions having effect until repeal of Alkali, &c Works Regulation Act 1906
(1) In this Part of this Schedule— “ the Alkali...
In section 36, after subsection (3) there is inserted—
At the end of section 40 there is inserted— “...
Subject to paragraphs 3 and 4, Parts I to III...
If, on the application of the local authority, the Secretary...
While, by virtue of an order under paragraph 3 above,...
Any order made under paragraph 3 may be varied or...
Nothing in section 55 shall be taken as extending to...
In section 31(4)— (a) in paragraph (a), after “1990” there...
In section 33(1), after “1990” there is inserted “ or...
In section 35(3), after “1990” there is inserted “ or...
Section 80(1) of the Health and Safety at Work etc....
In section 96(1) of the Control of Pollution Act 1974...
In section 7(4) of the Public Health (Control of Disease)...
In section 79(7) of the Environmental Protection Act 1990—
In the Schedule to the Atomic Weapons Establishment Act 1991...
In Schedule 3 to the Radioactive Substances Act 1993—
The substitution of this Act for the enactments repealed by...
Subsections (2) to (4) of section 42 (colliery spoilbanks) shall...
In this Part of this Schedule “order” means a smoke...
After making an order, the local authority shall publish in...
If the local authority is in Wales, it must also...
The requirement in paragraph 12A to publish the notice electronically...
Besides publishing a notice as required by paragraph 12 and...
If no objection is duly made to the Secretary of...
In any case other than one within paragraph 14 the...
Section 250(2) to (5) of the Local Government Act 1972...
Subject to paragraphs 18 and 19, an order when confirmed...
An order varying a previous order so as to exempt...
(1) If, before the date on which an order is...
Any reference, whether express or implied, in this Act or...
In the application of this Part of this Schedule to...
Any document made, served or issued after the commencement of...
Paragraphs 2 and 3 have effect without prejudice to the...
(1) The repeal by this Act of a transitional provision...
(1) Section 6(1) (arrestment plant for new non-domestic furnaces) does...
(1) Subject to sub-paragraph (2) below, section 14 (height of...
(1) In relation to any smoke control order made by...
The provisions of Part III of this Schedule (which are...
Repeals
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Low and Zero Carbon Technologies in Historic Properties | Historic England (opens in a new tab) from Historic England Detailed Guidance
- Our charges (opens in a new tab) Detailed Guidance
- Natural Resources Wales - Permits (opens in a new tab) Detailed Guidance
- NRW environmental permits (opens in a new tab) Detailed Guidance
- NRW environmental permits (opens in a new tab) Detailed Guidance
- Part b activities combustion and incineration permits (opens in a new tab) from Environment Agency Detailed Guidance
- Monitoring emissions to air land and water mcerts (opens in a new tab) from Environment Agency Detailed Guidance
- Local authority pollution control general guidance manual (opens in a new tab) from DEFRA Publication
- Local air pollution prevention and control lappc process guidance notes (opens in a new tab) from DEFRA Detailed Guidance
- Local authority environmental permit (opens in a new tab) from Environment Agency Detailed Guidance
- ... and 3 more
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
OEP
PrimaryOffice for Environmental Protection
Independent body established post-Brexit to scrutinise environmental law and investigate complaints about public authorities' failures to comply with environmental law in England …
Department for Environment, Food and Rural Affairs
Government department responsible for environmental protection, food production and standards, agriculture, fisheries, and rural communities. Sets environmental policy and works with agencies …
Connected legislation
17 statutory instruments
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Secondary legislation (17)
- The Planning (Hazardous Substances) Act 1990 (Commencement and Transitional Provisions) Order 1992 1992
- The Smoke Control Areas (Authorised Fuels) (Amendment) (No. 2) Regulations 1992 1992
- The Smoke Control Areas (Authorised Fuels) (Amendment No. 2) Regulations 1998 1998
- The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1992 1992
- The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1993 1993
- The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1996 1996
- The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1997 1997
- The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1998 1998
- The Smoke Control Areas (Authorised Fuels) (Amendment) (Wales) Regulations 2000 2000
- The Smoke Control Areas (Authorised Fuels) (Amendment) (Wales) Regulations 2001 2001
- The Smoke Control Areas (Authorised Fuels) (Amendment) (Wales) Regulations 2002 2002
- The Smoke Control Areas (Authorised Fuels) (No. 2) Regulations 1987 1987
- The Smoke Control Areas (Authorised Fuels) Regulations 1987 1987
- The Smoke Control Areas (Authorised Fuels) Regulations 1988 1988
- The Smoke Control Areas (Authorised Fuels) Regulations 1990 1990
+ 2 more statutory instruments
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Browse legislation
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Regulators
Learn more about the bodies that enforce this legislation.