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New Clean Air Regulations 2014 [UK]

This is the Clean Air (Miscellaneous Provisions) (England) Regulations 2014 and they come into force on the 7th January 2015. These regulations apply to England only. These regulations consolidate previous regulations on clean air made under the powers of the Clean Air Act 1993 (“the Act”). Clean Air (Miscellaneous Provisions) (England) Regulations 2014
  • Section 1 of the Act prohibiting dark smoke from being emitted from the chimney of a vessel has been amended to allow for short periods of emissions under specified conditions stated in Part 1, regulation 3 and schedule 1 of these regulations.
  • Section 6(1) of the Act now has exceptions to the provisions for certain classes of furnace for certain purposes as detailed in regulation 4 and Schedule 2 of these regulations.
  • Section 14(2) of the Act requires the height of a chimney to be approved by the local authority if the furnace is to be used for certain purposes but regulation 5 allows for any height of chimney to be used for prescribed purposes stated in these regulations.
  • Section 36 of the Act allows a local authority to require an occupier of any premises except private dwellings to provide information on emissions of any pollutants into the air. Regulation 6 states the emissions to which such a notice may relate to, regulation 7 states the information required by such a notice and regulations 8 states such a notice is to be sent by post.
  • Section 37 of the Act allows for an appeal to be made against a section 36 notice and regulations 9(1) to 9(3) state the manner and times in which an appeal can be made. Regulations 9(4) to 9(6) specify circumstances where the secretary of state may withhold appeal details from the local authority and regulations 9(7) to 9(9) state the procedure before a decision is made by the secretary of state.
  • Regulation 10 requires that the local authority maintain appropriate registers of information pursuant to the conditions of regulation 10.
  • Regulation 11 and schedule 3 empowered by section 36(6) of the Act states certain premises which are used in public service to the crown to which section 36 of the Act does not apply.
For more detailed information please consult the legislation.   Red-on-line EHS Legal Counsel Sources : The Clean Air (Miscellaneous Provisions) (England) Regulations 2014 published on www.legislation.gov.uk on 17th December 2014. Clean Air (Miscellaneous Provisions) (England) Regulations 2014

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