HC Deb 10 May 1968 vol 764 cc816-7

(1) The Minister may by regulations provide that furnaces of any prescribed class shall while used for a prescribed purpose be exempted from the operation of section 3(1) above.

(2) If on the application of the occupier of a building a local authority are satisfied that the emission of grit and dust from any chimney serving a furnace in the building will not be prejudicial to health or a nuisance if the furnace is used for a particular purpose without compliance with section 3(1) above, they may exempt the furnace from the operation of that subsection while used for that purpose.

(3) An application for exemption under subsection (2) above shall be made to the local authority in the prescribed form and shall be accompanied by the prescribed particulars, but the foregoing provision shall not preclude a local authority from granting an exemption under that subsection on an application in writing which does not comply with the foregoing provision if the information provided by the applicant is sufficient to enable the authority to determine the application

(4) If a local authority to whom an application is duly made for an exemption under subsection (2) above fail to determine the application and to give a written notice of their decision to the applicant within eight weeks of receiving the application or such longer period as may be agreed in writing between the applicant and the authority, the furnace shall be treated as having been granted an exemption from the operation of section 3(1) above while used for the purpose specified in the application.

(5) If a local authority decide not to grant an exemption under subsection (2) above, they shall give the applicant a written notification of their decision stating their reasons, and the applicant may within twenty-eight days of receiving the notification appeal against the decision to the appropriate Minister.

(6) On an appeal under this section the appropriate Minister may confirm the decision appealed against, or may grant the exemption applied for or may vary the purpose for which the furnace to which the application relates may be used without compliance with section 3(1) above, and shall give the appellant a written notification of any decision of the Minister on an appeal under this section, stating his reasons for the decision.

(7) If on any day a furnace which is exempt from the operation of section 3(1) above is used for a purpose other than a prescribed purpose or, as the case may be, a purpose for which the furnace may be used by virtue of subsection (2), (4) or (6) above, the occupier of the building shall be liable on summary conviction to a fine not exceeding £100.—[Mr. Maxwell.]

Brought up, read the First and Second time, and added to the Bill.

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