Alkali,_&c._Works_Regulation_Act_1881

Alkali Act 1863

Alkali Act 1863

United Kingdom legislation

The Alkali Act 1863 (26 & 27 Vict. c. 124) was an Act of the Parliament of the United Kingdom.

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Under the Alkali Act 1863, an alkali inspector and four subinspectors were appointed to curb discharge into the air of muriatic acid gas (gaseous hydrochloric acid) from Leblanc alkali works. It was later extended to cover other industrial pollutants.

Section 19 provided that the Alkali Act 1863 was to continue in force until 1 July 1868, and no longer. This section was repealed by section 1 of 31 & 32 Vict. c. 36, which enacted that the Alkali Act 1863 was "continued without any such limitation".

Alkali Act 1868

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The act 31 & 32 Vict. c. 36,[5] sometimes called the Alkali Act 1868,[6] the Alkali Act Perpetuation Act 1868,[7] or the Alkali Act (1863) Perpetuation Act 1868,[8] was an act of the Parliament of the United Kingdom. It made perpetual the Alkali Act 1863 (26 & 27 Vict. c. 124).[9] The bill for this act was originally called the Alkali Act Continuance Bill and was subsequently called the Alkali Act (1863) Perpetuation Bill.[10] The act 31 & 32 Vict. c. 36 was repealed by section 30 of the Alkali, &c. Works Regulation Act 1881 (44 & 45 Vict. c. 37), which further provided that this repeal was "without prejudice to anything done or suffered before the commencement of this Act, or to the recovery of any penalty incurred before or proceeding pending at the commencement of this Act; and any such penalty or proceeding may be recovered or continued as if this Act had not been passed."

Alkali Act 1874

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In 1874, under the Alkali Act 1874 (37 & 38 Vict. c. 43), sometimes called the Alkali Act (1863) Amendment Act 1874,[11] the Inspector became the Chief Inspector. The first Chief Inspector was Dr Robert Angus Smith, he was statutorily responsible for the standards set and maintained by the Inspectorate, and reported directly to the Permanent Secretary of his department. For the first sixty years of its existence, the inspectorate was solely concerned with the heavy chemicals industry, but from the 1920s onwards, its responsibilities were expanded, culminating in the Alkali. &c. Works Order 1958 (SI 1958/497). This placed all major heavy industries which emitted smoke, grit, dust and fumes under the supervision of the Inspectorate.

Alkali, &c. Works Regulation Acts 1881, 1892 and 1906

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The 1863 act was extended and expanded at least three times: first by the Alkali, &c. Works Regulation Act 1881 (44 & 45 Vict. c. 37), then by the Alkali, &c. Works Regulation Act 1892 (55 & 56 Vict. c. 30), and subsequently by the Alkali, &c. Works Regulation Act 1906 (6 Edw. 7. c. 14). There were subsequent amendments.

The Alkali Act 1863 was formally repealed by section 30 of Alkali, &c. Works Regulation Act 1881 (44 & 45 Vict. c. 37), though the substance was consolidated in this and later acts.[12]

The Alkali Acts were finally replaced by the Environmental Protection Act 1990 (c. 43).

Timeline

The Inspectorate has worked under the purview of many different departments:

The Chief Inspector's independence disappeared when the Inspectorate was transferred to the Health and Safety Executive in 1975.

The Inspectorate was known as Industrial Air Pollution Inspectorate from 1983 to 1987 and became Her Majesty's Inspectorate of Pollution (HMIP) when it was transferred back to the Department of the Environment in 1987.

HMIP became part of the Environment Agency and Scottish Environment Protection Agency on 1 April 1996.

Together with amendments, the Alkali Act became the main legislative control of industrial pollution in the UK. It was finally repealed and replaced by the Environmental Protection Act 1990.

References

  • A Collection of the Public General Statutes passed in the Twenty-sixth and Twenty-seventh Years of the Reign of Her Majesty Queen Victoria. Printed by George Edward Eyre and William Spottiswoode. London. 1863. 635 to 639.
  • George Pitt Lewis, assisted by H A de Colyar, "Jurisdiction and Proceedings under the Alkali Act, 1863". A Complete Practice of the County Courts. Stevens and Sons. London. 1880. Part 2. Book 5. Division 1. Chapter 2. Pages 909 to 914.
  • Baker, Thomas. "Alkali Works Act". The Laws Relating to Public Health, Sanitary-Medical-Protective. 1865. Page 62. See also page 591 to 595.
  • Pollock and Nicol. "The Alkali Act, 1863". Pollock's Practice of the County Courts. Sixth Edition. H Sweet. London. 1868. Page 4. See also pages 763 to 766.
  • "The Alkali Act, 1863". Report of the Ministry of Housing and Local Government 1959. Cmnd 1027. HMSO. Page 35. See also the rest of chapter 4, "The Alkali Inspectorate" at page 33 onwards. Google Books.
  • http://www.glossary.com/reference.php?q=Alkali%20Act%201863%5B%5D
  1. [1]
    This short title was conferred on this Act by section 1 of this Act.
  2. [2]
    Alkali Act 1863, section 2
  3. [3]
    The Alkali, &c. Works Regulation Act 1881, section 2
  4. [4]
    The Alkali, &c. Works Regulation Act 1881, section 2
  5. [5]
    A Collection of the Public General Statutes passed in the Thirty-first and Thirty-second Years of the Reign of Her Majesty Queen Victoria. Printed by George Edward Eyre and William Spottiswoode. London. 1868. p 130.
  6. [6]
    William Cunningham Glen and Alexander Glen. The Public Health Act, 1875, and the Law relating to Public Health, Local Government, and Urban and Rural Sanitary Authorities. Eight Edition. Butterworths. Knight & Co. London. 1876. pp xxvii and 560. Alexander Macmorran and Sydney George Lushington. The Public Health Acts, Annotated. (Lumley's Public Health). Fifth Edition. Shaw & Sons. Butterworth & Co. London. 1896. p lii, and see further p 455.
  7. [7]
    Cornish et al. The Oxford History of the Laws of England, vol 13, p liv, see further p 545. McEldowney and McEldowney, Environment and the Law, Longman, 1996, p xiv, see further p 8. Current Law Statutes 1998, vol 3, p 5.
  8. [8]
    Peter Reed. Acid Rain and the Rise of the Environmental Chemist in Nineteenth-Century Britain. Routledge. 2016. p 189.
  9. [9]
    John Mounteney Lely. Chitty's Collection of Statutes of Practical Utility. Fourth Edition. Henry Sweet. Stevens and Sons. Chancery Lane, London. 1880. Volume 1. Title "Alkali Works". p 92.
  10. [10]
    "Alkali Act Continuance Bill afterwards-Alkali Act (1863) Perpetuation Bill". Index to Hansard's Parliamentary Debates. Volume 192. Third Volume of the Session 1867-8.
  11. [11]
    Paterson (ed). The Practical Statutes of the Session 1874. Law Times Office. London. 1874. Page 73.
  12. [12]
    Paterson (ed). The Practical Statutes of the Session 1881. Law Times Office. London. 1881. Page 76.
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