Section 79(7)

In this Part— and any expressions used in this section and in the Clean Air Act 1993 have the same meaning in this section as in that Act and section 3 of the Clean Air Act 1993 shall apply for the interpretation of the expression “dark smoke” and the operation of this Part in relation to it. “airport” has the meaning given by section 95 of the Transport Act 2000; “appropriate person” means— in relation to England, the Secretary of State; in relation to Wales, the National Assembly for Wales; “associated facilities”, in relation to a bus station, has the meaning given by section 83 of the Transport Act 1985; “bus station” has the meaning given by section 83 of the Transport Act 1985; “chimney” includes structures and openings of any kind from or through which smoke may be emitted; “dust” does not include dust emitted from a chimney as an ingredient of smoke; “equipment” includes a musical instrument; “fumes” means any airborne solid matter smaller than dust; “gas” includes vapour and moisture precipitated from vapour; “goods vehicle operating centre”, in relation to vehicles used under an operator's licence, means a place which is specified in the licence as an operating centre for those vehicles, and for the purposes of this definition “operating centre” and “operator's licence” have the same meaning as in the Goods Vehicles (Licensing of Operators) Act 1995; “harbour premises” means premises which form part of a harbour area and which are occupied wholly or mainly for the purposes of harbour operations, and for the purposes of this definition “harbour area” and “harbour operations” have the same meaning as in Part 3 of the Aviation and Maritime Security Act 1990; “industrial, trade or business premises” means premises used for any industrial, trade or business purposes or premises not so used on which matter is burnt in connection with any industrial, trade or business process, and premises are used for industrial purposes where they are used for the purposes of any treatment or process as well as where they are used for the purposes of manufacturing; “lighthouse” has the same meaning as in Part 8 of the Merchant Shipping Act 1995; “local authority” means, subject to subsection (8) below,— in Greater London, a London borough council, the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively; in England and Wales outside Greater London, a district council; . . . in Wales, a county council or county borough council; the Council of the Isles of Scilly; and in Scotland, a district or islands council or a council constituted under section 2 of the Local Government etc (Scotland) Act 1994; “noise” includes vibration; “person responsible”— in relation to a statutory nuisance, means the person to whose act, default or sufferance the nuisance is attributable; in relation to a vehicle, includes the person in whose name the vehicle is for the time being registered under the Vehicle Excise and Registration Act 1994 and any other person who is for the time being the driver of the vehicle; in relation to machinery or equipment, includes any person who is for the time being the operator of the machinery or equipment; “prejudicial to health” means injurious, or likely to cause injury, to health; “premises” includes land and, subject to subsection (12) and , in relation to England and Wales, section 81A(9) below, any vessel; “prison” includes a young offender institution; “private dwelling” means any building, or part of a building, used or intended to be used, as a dwelling; “public service vehicle operating centre”, in relation to public service vehicles used under a PSV operator's licence, means a place which is an operating centre of those vehicles, and for the purposes of this definition “operating centre”, “PSV operator's licence” and “public service vehicle” have the same meaning as in the Public Passenger Vehicles Act 1981; “railway premises” means any premises which fall within the definition of “light maintenance depot”, “network”, “station” or “track” in section 83 of the Railways Act 1993; “relevant separate railway premises” has the meaning given by subsection (7A); “road” has the same meaning as in Part IV of the New Roads and Street Works Act 1991; “smoke” includes soot, ash, grit and gritty particles emitted in smoke; “street” means a highway and any other road, footway, square or court that is for the time being open to the public; “tramway premises” means any premises which, in relation to a tramway, are the equivalent of the premises which, in relation to a railway, fall within the definition of “light maintenance depot”, “network”, “station” or “track” in section 83 of the Railways Act 1993;

← 6A · All articles · 7A →

Source: legislation.gov.uk · retrieved 2026-07-30