UK Act of Parliament 1993 United Kingdom

Clean Air Act 1993

An Act to consolidate the Clean Air Acts 1956 and 1968 and certain related enactments, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
OEP, DEFRA
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 21 of 39 obligations carry an unlimited fine. 5 carry different penalties and 13 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person17 Occupier9 Director or Officer1

Plus 12 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Occupier — also bound by 235 other Acts
Highways Act 1980 23 duties
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Dark Smoke

2 of 3 sections shown
s.001 Prohibition of dark smoke from chimneys. (opens in a new tab) Prosecution
  • Emit dark smoke from a chimneyOccupier

Unlimited fine

s.002 Prohibition of dark smoke from industrial or trade premises. (opens in a new tab) Prosecution
  • Emit dark smoke from industrial or trade premisesOccupier

Fine up to £20,000

1 other section in this Part — procedural and definitional
s.003 Meaning of “dark smoke”. (opens in a new tab)
Part 2

Smoke, grit, dust and fumes

7 of 14 sections shown
s.004 Requirement that new furnaces shall be so far as practicable smokeless. (opens in a new tab) Prosecution
  • Install furnace without notice or that emits smokeAny Person

Unlimited fine

s.005 Emission of grit and dust from furnaces. (opens in a new tab) Prosecution
  • Emit grit or dust above limit from a non‑domestic furnaceOccupier

Unlimited fine

s.006 Arrestment plant for new non-domestic furnaces. (opens in a new tab) Prosecution
  • Use non‑domestic furnace without approved arrestment plantOccupier

Unlimited fine

s.008 Requirement to fit arrestment plant for burning solid fuel in other cases. (opens in a new tab) Prosecution
  • Use domestic furnace without approved arrestment plantOccupier

Unlimited fine

s.010 Measurement of grit, dust and fumes by occupiers. (opens in a new tab) Prosecution
  • Fail to comply with furnace emission measurement dutiesOccupier

Unlimited fine

s.012 Information about furnaces and fuel consumed. (opens in a new tab) Prosecution
  • Fail to provide required furnace informationOccupier

Unlimited fine

s.014 Height of chimneys for furnaces. (opens in a new tab) Prosecution
  • Use furnace or boiler without approved chimney heightOccupier

Unlimited fine

7 other sections in this Part — procedural and definitional
s.007 Exemptions from section 6. (opens in a new tab)
s.009 Appeal to Secretary of State against refusal of approval. (opens in a new tab)
s.011 Measurement of grit, dust and fumes by local authorities. (opens in a new tab)
s.013 Grit and dust from outdoor furnaces, etc. (opens in a new tab)
s.015 Applications for approval of height of chimneys of furnaces. (opens in a new tab)
s.016 Height of other chimneys. (opens in a new tab)
s.017 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. (opens in a new tab)
Part 3

Smoke control areas

11 of 23 sections shown
s.019 Power of Secretary of State to require creation of smoke control areas. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State may require the creation of smoke control areasCrown / Minister / Government department
s.019 Penalty for emission of smoke in smoke control area in England Prosecution
  • Emit smoke in a smoke control areaAny Person

Unlimited fine

s.019 Acquisition and sale of controlled solid fuel in England Prosecution
  • Buy or sell controlled solid fuel for prohibited usesAny Person

Unlimited fine

s.019 Penalty for emission of smoke in smoke control area in Wales Prosecution
  • Emit smoke in a smoke control area in WalesAny Person

Unlimited fine

s.019 Acquisition and sale of unauthorised fuel: Wales Prosecution
  • Acquire or sell unauthorised solid fuel in a smoke‑control areaAny Person

Fine up to £1,000

s.019 Exemptions relating to particular areas in Wales Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers may suspend or relax smoke control area rulesCrown / Minister / Government department
s.020 Prohibition on emission of smoke in smoke control area. (opens in a new tab) Prosecution
  • Emit smoke from chimney in smoke control areaOccupier

Fine up to £1,000

s.023 Acquisition and sale of unauthorised fuel in a smoke control area. (opens in a new tab) Prosecution
  • Acquire or sell unauthorised solid fuel in a smoke control areaAny Person

Fine up to £1,000

s.026 Duty of local authority to reimburse for adaptations of vessels in England Regulated
Other duties (1) — Crown / regulator
  • Local authorities must reimburse 70% of vessel adaptation costsLocal authority
s.028 Guidance for local authorities in England Regulated
Other duties (1) — Crown / regulator
  • Local authorities must follow government guidance on clean air functionsLocal authority
s.028 Guidance for local authorities in Wales Regulated
Other duties (1) — Crown / regulator
  • Local authorities in Wales must follow Welsh Ministers' air quality guidanceLocal authority
12 other sections in this Part — procedural and definitional
s.018 Declaration of smoke control area by local authority. (opens in a new tab)
s.019 Exemptions relating to particular areas in England
s.019 Interpretation: “approved fireplace” and “controlled solid fuel”
s.019 Section 19F: interpretation
s.021 Power ... to exempt certain fireplaces. (opens in a new tab)
s.022 Exemptions relating to particular areas. (opens in a new tab)
s.024 Power of local authority to require adaptation of fireplaces in private dwellings. (opens in a new tab)
s.025 Expenditure incurred in relation to adaptations in private dwellings. (opens in a new tab)
s.026 Power of local authority to make grants towards adaptations to fireplaces in churches, chapels, buildings used by charities etc. (opens in a new tab)
s.027 References to adaptations for avoiding contraventions of ... Schedule 1A. (opens in a new tab)
s.028 Cases where expenditure is taken to be incurred on execution of works. (opens in a new tab)
s.029 Interpretation of Part III. (opens in a new tab)
Part 4

Control of certain forms of air pollution

4 of 4 sections shown
s.030 Regulations about motor fuel. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must consult before making motor fuel regulationsCrown / Minister / Government department
s.031 Regulations about sulphur content of oil fuel for furnaces or engines. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must consult before setting fuel sulphur limitsCrown / Minister / Government department
s.032 Provisions supplementary to sections 30 and 31. (opens in a new tab) Prosecution
  • Breach fuel content regulations (sections 30/31)Any Person

Unlimited fine

s.033 Cable burning. (opens in a new tab) Prosecution
  • Burn cable insulation to recover metalAny Person

Unlimited fine

Part 5

Information about air pollution

5 of 7 sections shown
s.034 Research and publicity. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must protect trade secrets when publishing air quality dataLocal authority
s.036 Notices requiring information about air pollution. (opens in a new tab) Prosecution
  • Fail to comply with or give false information on air‑pollution noticeAny Person

Unlimited fine

s.037 Appeals against notices under section 36. (opens in a new tab) Regulated
  • Appeal a local authority air pollution information noticeAny Person
s.038 Regulations about local authority functions under sections 34, 35 and 36. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must set rules for local authority air pollution dutiesCrown / Minister / Government department
s.039 Provision by local authorities of information for Secretary of State. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must monitor air pollution and report to the Secretary of StateLocal authority
2 other sections in this Part — procedural and definitional
s.035 Obtaining information. (opens in a new tab)
s.040 Interpretation of Part V. (opens in a new tab)
Part 6

Special Cases

2 of 7 sections shown
s.042 Colliery spoilbanks. (opens in a new tab) Prosecution
  • Fail to prevent combustion or smoke from mine or quarry spoilAny Person

Unlimited fine

s.043 Railway engines. (opens in a new tab) Prosecution
  • Emit smoke from railway locomotive engineAny Person

Unlimited fine

5 other sections in this Part — procedural and definitional
s.041 Relation to Environmental Protection Act 1990. (opens in a new tab)
s.041 Relation to the Pollution Prevention and Control Act 1999 and Regulatory Reform (Scotland) Act 2014.
s.044 Vessels. (opens in a new tab)
s.045 Exemption for purposes of investigations and research. (opens in a new tab)
s.046 Crown premises, etc. (opens in a new tab)
Part 7

Miscellaneous and general

8 of 22 sections shown
s.049 Unjustified disclosures of information. (opens in a new tab) Prosecution
  • Unjustified disclosure of trade secret informationAny Person

Unlimited fine

s.050 Cumulative penalties on continuance of certain offences. (opens in a new tab) Prosecution
  • Repeatedly or continually commit air pollution offencesAny Person

Unlimited fine

s.051 Duty to notify occupiers of offences. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must notify you of smoke emission offencesLocal authority
s.052 Offences committed by bodies corporate. (opens in a new tab) Prosecution
  • Company and director liable for Clean Air Act breachesDirector or Officer

Unlimited fine

s.053 Offence due to act or default of another. (opens in a new tab) Prosecution
  • Cause another person to breach the Clean Air ActAny Person

Unlimited fine

s.055 General provisions as to enforcement. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must enforce clean air and smoke emission lawsLocal authority
s.057 Provisions supplementary to section 56. (opens in a new tab) Prosecution
  • Obstruct authorised entry under the Clean Air ActAny Person

Fine up to £1,000

s.058 Power of local authorities to obtain information. (opens in a new tab) Prosecution
  • Fail to comply with information notice or give false informationAny Person

Unlimited fine

14 other sections in this Part — procedural and definitional
s.047 Application to fumes and gases of certain provisions as to grit, dust and smoke. (opens in a new tab)
s.048 Power to give effect to international agreements. (opens in a new tab)
s.054 Power of county court to authorise works and order payments. (opens in a new tab)
s.056 Rights of entry and inspection etc. (opens in a new tab)
s.059 Inquiries. (opens in a new tab)
s.060 Default powers. (opens in a new tab)
s.061 Joint exercise of local authority functions. (opens in a new tab)
s.062 Application of certain provisions of Part XII of Public Health Act 1936 and corresponding Scottish legislation. (opens in a new tab)
s.063 Regulations and orders. (opens in a new tab)
s.064 General provisions as to interpretation. (opens in a new tab)
s.065 Application to Isles of Scilly. (opens in a new tab)
s.066 Transitory provisions relating to Alkali, &c. Works Regulation Act 1906. (opens in a new tab)
s.067 Consequential amendments, transitional provisions and repeals. (opens in a new tab)
s.068 Short title, commencement and extent. (opens in a new tab)
Schedules

Schedules

0 of 73 shown
73 other schedules
s.001 Coming into Operation of Smoke Control Orders (opens in a new tab)
s.004 Consequential amendments (opens in a new tab)
s.005 Transitional provisions (opens in a new tab)
s.sch001 Before making a smoke control order the local authority shall...
s.sch001 If the local authority is in Wales, it must also...
s.sch001 The requirement in paragraph 1A to publish the notice electronically...
s.sch001 Besides publishing such a notice, the local authority shall post,...
s.sch001 If an objection is duly made to the local authority...
s.sch001 Subject to paragraphs 5 and 6, an order shall come...
s.sch001 An order varying a previous order so as to exempt...
s.sch001 If, before the date on which the order is to...
s.sch001 When a local authority in England has made an order,...
s.sch001 When a local authority in Wales has made an order,...
s.sch001 In the application of this Schedule to Scotland, for any...
s.sch001a Penalty for emission of smoke in smoke control area in England or Wales
s.sch001a Key definitions
s.sch001a Delegation
s.sch001a Notices
s.sch001a Notices: vessels which are moored
s.sch001a Notice of intent
s.sch001a Amount of penalty
s.sch001a Right to object to proposed financial penalty
s.sch001a Decision regarding a final notice
s.sch001a Final notice
s.sch001a Withdrawal or amendment of notices
s.sch001a Appeals
s.sch001a Recovery of penalties
s.sch002 Smoke control orders: expenditure on old private dwellings (opens in a new tab)
s.sch002 (1) This paragraph applies if, after the making of a...
s.sch002 For the purposes of this Schedule, an appliance is unsuitable...
s.sch002 (1) Sub-paragraph (2) applies if— (a) after a local authority...
s.sch002 (1) The Secretary of State may, out of money provided...
s.sch003 Provisions having effect until repeal of Alkali, &c Works Regulation Act 1906 (opens in a new tab)
s.sch003 (1) In this Part of this Schedule— “ the Alkali...
s.sch003 In section 36, after subsection (3) there is inserted—
s.sch003 At the end of section 40 there is inserted— “...
s.sch003 Subject to paragraphs 3 and 4, Parts I to III...
s.sch003 If, on the application of the local authority, the Secretary...
s.sch003 While, by virtue of an order under paragraph 3 above,...
s.sch003 Any order made under paragraph 3 may be varied or...
s.sch003 Nothing in section 55 shall be taken as extending to...
s.sch003 In section 31(4)— (a) in paragraph (a), after “1990” there...
s.sch003 In section 33(1), after “1990” there is inserted “ or...
s.sch003 In section 35(3), after “1990” there is inserted “ or...
s.sch004 Section 80(1) of the Health and Safety at Work etc....
s.sch004 In section 96(1) of the Control of Pollution Act 1974...
s.sch004 In section 7(4) of the Public Health (Control of Disease)...
s.sch004 In section 79(7) of the Environmental Protection Act 1990—
s.sch004 In the Schedule to the Atomic Weapons Establishment Act 1991...
s.sch004 In Schedule 3 to the Radioactive Substances Act 1993—
s.sch005 The substitution of this Act for the enactments repealed by...
s.sch005 Subsections (2) to (4) of section 42 (colliery spoilbanks) shall...
s.sch005 In this Part of this Schedule “order” means a smoke...
s.sch005 After making an order, the local authority shall publish in...
s.sch005 If the local authority is in Wales, it must also...
s.sch005 The requirement in paragraph 12A to publish the notice electronically...
s.sch005 Besides publishing a notice as required by paragraph 12 and...
s.sch005 If no objection is duly made to the Secretary of...
s.sch005 In any case other than one within paragraph 14 the...
s.sch005 Section 250(2) to (5) of the Local Government Act 1972...
s.sch005 Subject to paragraphs 18 and 19, an order when confirmed...
s.sch005 An order varying a previous order so as to exempt...
s.sch005 (1) If, before the date on which an order is...
s.sch005 Any reference, whether express or implied, in this Act or...
s.sch005 In the application of this Part of this Schedule to...
s.sch005 Any document made, served or issued after the commencement of...
s.sch005 Paragraphs 2 and 3 have effect without prejudice to the...
s.sch005 (1) The repeal by this Act of a transitional provision...
s.sch005 (1) Section 6(1) (arrestment plant for new non-domestic furnaces) does...
s.sch005 (1) Subject to sub-paragraph (2) below, section 14 (height of...
s.sch005 (1) In relation to any smoke control order made by...
s.sch005 The provisions of Part III of this Schedule (which are...
s.sch006 Repeals (opens in a new tab)

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Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.