a work subject to the Alkali Act — a work registered under section 9 of the Alkali Act, excluding the whole or part of such a work while the work or part is the subject of an order made or treated as made under paragraph 3 of Schedule 3 to this Act. ” Schedule 3, Part II, paragraph 11

application for building control approval — an application in accordance with building regulations for building control approval (as defined in paragraph 1B of Schedule 1 to the Building Act 1984) Section 16(4B)

appropriate agency — — in relation to England, the Environment Agency; in relation to Wales, the Natural Resources Body for Wales Section 31(6)

appropriate agency — — in relation to England, the Environment Agency; in relation to Wales, the Natural Resources Body for Wales; references to the emission of substances into the atmosphere are to be construed as applying to substances in a gaseous or liquid or solid state, or any combination of those states; and any reference to measurement includes a reference to the taking of samples Section 40

approved fireplace — a fireplace of a type specified in a list published by the Secretary of State Section 19D(1)

approved fuel — a solid fuel specified in a list which has been published by the Secretary of State for the purposes of this section Section 19D(4)

authorisation — an authorisation under regulations made under section 18 of the Regulatory Reform (Scotland) Act 2014, and the reference to an appeal is to an appeal under those regulations Section 41A(3)

authorised fuel — a solid fuel included in a list of authorised fuels published by the Welsh Ministers Section 19G(3)

authorised fuel — a fuel included in a list of authorised fuels kept by the Scottish Ministers for the purposes of this Part Section 20(5A)

authorised officer — any officer of a local authority authorised by them in writing, either generally or specially, to act in matters of any specified kind or in any specified matter Section 64(1)

building control authority — the local authority as stated in section 121A of the Building Act 1984 Section 16(4B)

building regulations — as respects Scotland, any statutory enactments, byelaws, rules and regulations or other provisions under whatever authority made, relating to the construction, alteration or extension of buildings Section 64(1)

building safety regulator — the regulator within the meaning of Part 2 of the Building Safety Act 2022 Section 16(4B)

caravan — a caravan within the meaning of Part I of the Caravan Sites and Control of Development Act 1960, disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968, which usually and for the time being is situated on a caravan site within the meaning of that Act; “chimney” includes structures and openings of any kind from or through which smoke, grit, dust or fumes may be emitted, and, in particular, includes flues, and references to a chimney of a building include references to a chimney which serves the whole or a part of a building but is structurally separate from the building; “dark smoke” has the meaning given by section 3(1) Section 64(1)

charges — any charges with the exception of light dues, local light dues and any other charges payable in respect of lighthouses, buoys or beacons and of charges in respect of pilotage Section 44(5)

conditional sale agreement — an agreement for the sale of goods under which— the purchase price or part of it is payable by instalments; and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled; “heating”, in relation to a dwelling, includes the heating of water Section 29

controlled solid fuel — any solid fuel other than an approved fuel Section 19D(3)

dark smoke — 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) as the Ringelmann Chart, would appear to be as dark as or darker than shade 2 on the chart Section 3(1)

day — a period of twenty-four hours beginning at midnight Section 64(1)

domestic furnace — any furnace which is— designed solely or mainly for domestic purposes, and used for heating a boiler with a maximum heating capacity of less than 16.12 kilowatts; “fireplace” includes any furnace, grate or stove, whether open or closed Section 64(1)

exempt fireplace — a fireplace of a type specified in a list published by the Welsh Ministers Section 19G(1)

exempted boiler or plant — a boiler or plant which is used or to be used wholly for any purpose prescribed in regulations made by the Secretary of State; and the height of a chimney is approved for the purposes of this section if approval is granted by the local authority or the Secretary of State under section 15 Section 14(7)

fixed boiler or industrial plant — any boiler or industrial plant which is attached to a building or is for the time being fixed to or installed on any land Section 64(1)

fumes — any airborne solid matter smaller than dust; “industrial plant” includes any still, melting pot or other plant used for any industrial or trade purposes, and also any incinerator used for or in connection with any such purposes Section 64(1)

hire-purchase agreement — an agreement, other than a conditional sale agreement, under which— goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired; and the property in the goods will pass to that person if the terms of the agreement are complied with and one or more of the following occurs— the exercise of an option to purchase by that person; the doing of any other specified act by any party to the agreement; and the happening of any other specified event; “old private dwelling” has the meaning given in section 25 Section 29

industrial or trade premises — — premises used for any industrial or trade purposes; or premises not so used on which matter is burnt in connection with any industrial or trade process Section 2(6)

local authority — — in England . . ., the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple; in Wales, the council of a county or county borough; in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; “owner”, in relation to premises— as respects England and Wales, means the person for the time being receiving the rackrent of the premises, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises were let at a rackrent; and as respects Scotland, means the person for the time being entitled to receive or who would, if the premises were let, be entitled to receive, the rents of the premises and includes a trustee, factor, or person entitled to act as the legal representative of a person under disablilty by reason of nonage or mental or other incapacity and, in the case of public or municipal property, includes the persons to whom the management of the property is entrusted Section 64(1)

oil fuel — any liquid petroleum product produced in a refinery Section 31(5)

old private dwelling — any private dwelling other than one which either— and for the purposes of this subsection a dwelling or premises shall not be treated as erected or converted after that date unless the erection or conversion was begun after it. was erected after 15th August 1964 (which was the date immediately preceding the time when the enactment replaced by this subsection came into force), or was produced by the conversion, after that date, of other premises, with or without the addition of premises erected after that date Section 25(2)

order — a smoke control order Schedule 5, Part III, paragraph 11

permit — a permit under regulations under section 2 of the Pollution Prevention and Control Act 1999 and the reference to an appeal is a reference to an appeal under those regulations. Section 41A(3)

port health authority — as respects Scotland, a port local authority constituted under Part X of the Public Health (Scotland) Act 1897 and includes a reference to a joint port health authority constituted under that Part Section 64(1)

practicable — reasonably practicable having regard, amongst other things, to local conditions and circumstances, to the financial implications and to the current state of technical knowledge, and “practicable means” includes the provision and maintenance of plant and its proper use; “premises” includes land; “smoke”, includes soot, ash, grit and gritty particles emitted in smoke; and “vessel” has the same meaning as ship in the Merchant Shipping Act 1995 Section 64(1)

prescribed — prescribed (whether generally or for any class of furnace) by regulations made by the Secretary of State. making and recording measurements from time to time of the grit, dust and fumes emitted from the furnace; making adaptations for that purpose to the chimney serving the furnace; providing and maintaining apparatus for making and recording the measurements; and informing the local authority of the results obtained from the measurements or otherwise making those results available to them Section 10(2)

prescribed — prescribed in regulations under this section Section 47(4)

private dwelling — any building or part of a building used or intended to be used as such, and a building or part of a building is not to be taken for the purposes of this Act to be used or intended to be used otherwise than as a private dwelling by reason that a person who resides or is to reside in it is or is to be required or permitted to reside in it in consequence of his employment or of holding an office Section 64(4)

relevant chimney — — a chimney of a building to which a smoke control order in England or in Wales applies, or a chimney which serves the furnace of any fixed boiler or industrial plant to which a smoke control order in England or in Wales applies; “person liable”, in relation to a relevant chimney, means— if the chimney is the chimney of a building, the occupier of the building, or if the chimney serves the furnace of any fixed boiler or industrial plant, the person having possession of the boiler or plant Schedule 1A, paragraph 1

relevant national authority — — in relation to a smoke control order in England, the Secretary of State; in relation to a smoke control order in Wales, the Welsh Ministers Schedule 1A, paragraph 1

smoke control order — an order made by a local authority under section 18 Section 29

smoke control order in England — a smoke control order made by a local authority in England Section 29

smoke control order in Wales — a smoke control order made by a local authority in Wales Section 29

solid fuel — any solid fuel other than an authorised fuel Section 19F(2)

solid fuel — any solid fuel other than an authorised fuel Section 23(2)

the Alkali Act — the Alkali, &c. Works Regulation Act 1906 Schedule 3, Part I, paragraph 1(1)

the Alkali Act — the Alkali, &c. Works Regulation Act 1906 and Schedule 3, Part II, paragraph 11

the Environmental Permitting Regulations — the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) Section 41A(4)

the recoverable amount — in relation to any expenses, the fraction of those expenses (whether three-tenths or some smaller fraction determined by the local authority, in the case of those expenses, under section 24(2) or (3)) which the local authority have power to recover from the occupier or owner by virtue of section 24(2) or (3) Schedule 2, paragraph 4(3)

visiting force — any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952 Section 46(6)

work subject or potentially subject to the Alkali Act — — so much of any work registered under section 9 of that Act as is directly concerned in the processes which necessitate its registration under that section; and so much of any work in the course of erection or alteration as will on completion of the erection or alteration be directly concerned in such processes Schedule 3, Part I, paragraph 1(1)