Section 1(4)

In any proceedings for an offence under this section, it shall be a defence to prove— or that the alleged emission was due to the combination of two or more of the causes specified in paragraphs (a) to (c) and that the other conditions specified in those paragraphs are satisfied in relation to those causes respectively. that the alleged emission was solely due to the lighting up of a furnace which was cold and that all practicable steps had been taken to prevent or minimise the emission of dark smoke; that the alleged emission was solely due to some failure of a furnace, or of apparatus used in connection with a furnace, and that— the failure could not reasonably have been foreseen, or, if foreseen, could not reasonably have been provided against; and the alleged emission could not reasonably have been prevented by action taken after the failure occurred; or that the alleged emission was solely due to the use of unsuitable fuel and that— suitable fuel was unobtainable and the least unsuitable fuel which was available was used; and all practicable steps had been taken to prevent or minimise the emission of dark smoke as the result of the use of that fuel;

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