Alkali, &c. Works Regulation Act 1906

Title and introductory text

Alkali, &c. Works Regulation Act 1906 1906 c.14 An Act to consolidate and amend the Alkali, &c. Works Regulation Acts 1881 and 1892. [4th August 1906]

1 Condensation of hydrochloric acid gas in alkali works.

(1) Every alkali work shall be carried on in such manner as to secure the condensation, to the satisfaction of the appropriate Agency, of the hydrochloric acid gas evolved in such work, to the extent of ninety-five per centum, and to such an extent that in each cubic metre of air, smoke, or chimney gases, escaping from the works into the atmosphere, there is not contained more than 0.46 gram of hydrochloric acid. (2) The owner of any alkali work which is carried on in contravention of this section shall be guilty of an offence.

2 Prevention of discharge of noxious and offensive gas in alkali works.

(1) In addition to the condensation of hydrochloric acid gas as aforesaid, the owner of every alkali work shall use the best practicable means for preventing the escape of noxious or offensive gases by the exit flue of any apparatus used in any process carried on in the work, and for preventing the discharge, whether directly or indirectly, of such gases into the atmosphere, and for rendering such gases where discharged harmless and inoffensive, subject to the qualification that, on the basis of the amount of acid gas per cubic metre, no objection shall be taken under this section by the appropriate Agency to any hydrochloric acid gas in the air, smoke, or gases discharged into the atmosphere by a chimney or other final outlet where the amount of such acid gas in each cubic metre of air, smoke, or gases so discharged does not exceed the amount limited by the last preceding section. (2) If the owner of any alkali work fails, in the opinion of the court having cognizance of the matter, to use such means, he shall be guilty of an offence.

2A Relation to Environmental Protection Act 1990, Part I.

(1) The preceding provisions of this Part of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process. (2) The “determination date” for a prescribed process is— (a) in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it; (b) in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal. (3) In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.

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9 Registration of works, and stamp duty.

(1) An alkali work, or any works specified in Schedule 1 to the Health and Safety (Emissions into the Atmosphere) Regulations 1983, . . . shall not be carried on unless it is certified to be registered. (2) The work shall be registered in a register containing the prescribed particulars, and the register shall be conducted and the certificates issued in the prescribed manner. (3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) A certificate of registration shall be issued on application being made in the prescribed manner by the owner of the work, if the conditions of registration are complied with, and one of the conditions, in the case of the first registration of an alkali work or any works specified in Schedule 1 to the Health and Safety (Emissions into the Atmosphere) Regulations 1983, or the registration of such a work if the work has been closed for a period of twelve months previously, shall be that the work is at the time of registration furnished with such appliances as appear to the appropriate Agency or, on appeal, to the Health and Safety Executive to be necessary in order to enable the work to be carried on in accordance with such of the requirements of this Act or of Part I of the Health and Safety at Work etc. Act 1974 as apply to the work. . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) The owner of a work which has been carried on in contravention of this section shall be guilty of an offence.

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16 Provision as to calculation of acid.

In calculating the proportion of acid to a cubic metre of air, smoke, or gases, for the purposes of this Act, such air, smoke, or gases shall be calculated at the temperature of 15 degrees Celsius, and at a barometric pressure of one bar.

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22 Complaint by sanitary authority in cases of nuisance.

(1) Where complaint is made to the central authority by any sanitary authority, on information given by any of their officers, or any ten inhabitants of their district, that any work to which this Act applies is carried on (either within or without the district) in contravention of this Act, . . . , and that a nuisance is occasioned thereby to any of the inhabitants of their district, the central authority shall make such inquiry into the matters complained of, and after the inquiry may direct such proceedings to be taken by the appropriate Agency, as they think fit and just. (2) The sanitary authority complaining shall, if so required by the central authority, pay the expense of any such inquiry.

23 Actions in case of contributory nuisance.

(1) Where a nuisance arising from the discharge of any noxious or offensive gas or gases is wholly or partially caused by the acts or defaults of the owners of several works to which any of the provisions of this Act applies, any person injured by such nuisance may proceed against any one or more of such owners, and may recover damages from each owner made a defendant in proportion to the extent of the contribution of that defendant to the nuisance, notwithstanding that the act or default of that defendant would not separately have caused a nuisance. (2) This section shall not authorise the recovery of damages from any defendant who can produce a certificate from the approriate Agency that in the works of that defendant the requirements of this Act have been complied with and were complied with when the nuisance arose.

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24A Relation to Environmental Protection Act 1990, Part I.

(1) The preceding provisions of this Part of this Act shall not apply to any process which is a prescribed process as from the date which is the determination date for that process. The “determination date” for a prescribed process is— (a) in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it; (b) in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal. (3) In this section “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.

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27 Interpretation of terms.

(1) In this Act, unless the context otherwise requires,— The expression “alkali work” means every work for— the manufacture of sulphate of soda or sulphate of potash, or the treatment of copper ores by common salt or other chlorides whereby any sulphate is formed, in which hydrochloric acid gas is evolved: The expression “the appropriate Agency” means— in relation to England and Wales, the Environment Agency; and in relation to Scotland, the Scottish Environment Protection Agency: The expression “noxious or offensive gas” includes any substance set out in Schedule 2 to the Health and Safety (Emissions into the Atmosphere) Regulations 1983 The expression “owner” includes any lessee, occupier, or any other person carrying on any work to which this Act applies; The expression “best practicable means,” where used with respect to the prevention of the escape of noxious and offensive gases, has reference not only to the provision and the efficient maintenance of appliances adequate for preventing such escape, but also to the manner in which such appliances are used and to the proper supervision, by the owner, of any operation in which such gases are evolved: The expression “prescribed” means prescribed by the Secretary of State. . . . The expression “central authority” means as regards England the the Secretary of State as regards Ireland the Local Government Board for Ireland, and as regards Scotland the Secretary for Scotland: . . . The expression “the Public Health Act” means as regards England the Public Health Act 1875, . . . ; and as regards Scotland the Public Health (Scotland) Act 1897; and as regards Ireland the Public Health (Ireland) Act 1878, and includes any enactment amending those Acts. . . . . . . (2) Nothing in this Act shall be construed as exempting any work from any of the provisions of this Act applicable to the work as being a work of a certain class or description by reason only that the work is subject to other provisions of this Act as being a work of some other class or description.

28 Application to Scotland.

In the application of this Act to Scotland— (a) references to the Secretary for Scotland shall be substituted for references to the Local Government Board, and references to the Edinburgh Gazette shall be substituted for references to the London Gazette; (b) All offences under this Act shall be prosecuted and all fines under this Act shall be recovered under the provisions of the Criminal Procedure (Scotland) Act 1975: Provided that the following regulations shall have effect with respect to the prosecution of, and the recovery of fines for, offences under this Act, . . .:— (i) All prosecutions shall be brought before the sheriff, who may award expenses to either party, and, in default of immediate payment of the fine and expenses, may sentence the respondent to imprisonment for any period not exceeding six months; (ii) A prosecution shall not be instituted . . ., except as respects a fine for the contravention of the provisions of this Act as to the registration of works, after the expiration of three months from the commission of the offence; (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iv) The sheriff may, on the application of either party, appoint a person to take down in writing the evidence of the witnesses, and may award to that person such remuneration as he thinks just, and the amount so awarded shall be deemed to be expenses in the proceeding; (v) All jurisdictions, powers, and authorities necessary for the purposes of this section are conferred on the sheriff; (c) . . .

29 Saving as to general law.

Nothing in this Act shall legalise any act or default that would, but for this Act, be deemed to be a nuisance, or otherwise be contrary to law, or deprive any person of any remedy by action, indictment, or otherwise, to which he would have been entitled if this Act had not passed.

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31 †Short title and commencement.

This Act may be cited as the Alkali, &c. Works Regulation Act 1906 . . . .

FIRST SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECOND SCHEDULE

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