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Change 1
As published
18 Declaration of smoke control area by local authority.
(1) A local authority may by order declare the whole or any part of the district of the authority to be a smoke control area; and any order made under this section is referred to in this Act as a “smoke control order”.
(2) A smoke control order—
(a) may make different provision for different parts of the smoke control area;
(b) may limit the operation of Schedule 1A (penalty for emission of smoke in England or in Wales) to specified classes of building in the area; and
(c) may exempt specified buildings or classes of building or specified fireplaces or classes of fireplace in the area from the operation of that section or Schedule, upon such conditions as may be specified in the order;
and the reference in paragraph (c) to specified buildings or classes of building include a reference to any specified, or to any specified classes of, fixed boiler or industrial plant.
(2A) For the purposes of this Part a smoke control order in England or in Wales (as the case may be) “applies” to a building, fireplace, fixed boiler or industrial plant if the operation of Schedule 1A is not excluded in relation to it by virtue of subsection (2)(b) or (c).
(3) A smoke control order may be revoked or varied by a subsequent order.
(4) The provisions of Schedule 1 apply to the coming into operation of smoke control orders.
Your change, as a redline
18 Declaration of smoke control area by local authority.
(1) A local authority may by order declare the whole or any part of the district of the authority to be a smoke control area; and any order made under this section is referred to in this Act as a “smoke control order”.
(2) A smoke control order—
(a) may make different provision for different parts of the smoke control area;
(b) may limit the operation of Schedule 1A (penalty for emission of smoke in England or in Wales) to specified classes of building in the area; and
(c) may exempt specified buildings or classes of building or specified fireplaces or classes of fireplace in the area from the operation of that section or Schedule, upon such conditions as may be specified in the order;
and the reference in paragraph (c) to specified buildings or classes of building include a reference to any specified, or to any specified classes of, fixed boiler or industrial plant.
(2A) For the purposes of this Part a smoke control order in England or in Wales (as the case may be) “applies” to a building, fireplace, fixed boiler or industrial plant if the operation of Schedule 1A is not excluded in relation to it by virtue of subsection (2)(b) or (c).
(3) A smoke control order may be revoked or varied by a subsequent order.
(4) The provisions of Schedule 1 apply to the coming into operation of smoke control orders.
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