The Smoke Control Areas (Exempted Fireplaces) (Scotland) Order 1987

Made: 27th February 1987

Laid before Parliament: 17th March 1987

Coming into force: 14th April 1987

The Secretary of State, in exercise of the powers conferred on him by section 11(4) of the Clean Air Act 1956([^f00001]), and of all other powers enabling him in that behalf, and being satisfied that fireplaces of the classes described can be used for burning fuel other than authorised fuel without producing a substantial quantity of smoke, hereby makes the following Order:

Citation, commencement and extent

1

This Order may be cited as the Smoke Control Areas (Exempted Fireplaces) (Scotland) Order 1987, and shall come into force on 14th April 1987 and applies to Scotland only.

Classes of fireplace exempted from section 11 of the Clean Air Act 1956

2

The classes of fireplace described in column (1) of the schedule to this order shall, subject to the conditions specified in column (2) against that class, be exempted from the provisions of section 11 of the Clean Air Act 1956 (which enables local authorities to establish smoke control areas in which emission of smoke is an offence, but provides for the exemption of certain fireplaces or classes of fireplace).

SCHEDULE

1

The fireplace shall be installed, maintained and operated so as to minimise the emission of smoke at all times, and in accordance with the manufacturer’s instructions dated 24th July 1985 and which—

• (a) in the case of the installation instructions bear the reference “No. 45576”; and

• (b) in the case of the user instructions bear the reference “No. 45574”.

2

No fuel shall be used other than the washed coals recommended in the manufacturer’s user instructions: reference “No. 45574”.

Signed

Michael Ancram — Parliamentary Under Secretary of State, Scottish Office — 27th February 1987

Explanatory note

(This note is not part of the Order)

Section 11 of the Clean Air Act 1956 empowers local authorities to declare the whole or any part of their district to be a smoke control area in which the emission of smoke is, generally, prohibited.

This Order exempts the Triancomatic 60 boiler manufactured by Trianco Redfyre Limited, the Worcester Coalstream 17.5 kw underfeed stoker manufactured by Worcester Engineering Company Limited and the Corsair 300HW, 500HW and 750HW boilers manufactured by Erithglen Limited from the provisions of that section subject to certain conditions as to installation, maintenance and operation.

Footnotes

[^f00001]: 1956 c. 52.