The Smoke Control Areas (Exempted Fireplaces) Order 1988

Made: 23rd December 1988

Laid before Parliament: 10th January 1989

Coming into force: 31st January 1989

The Secretary of State, in exercise of the powers conferred by sections 11(4) and 33(1)[^f00001] of the Clean Air Act 1956[^f00002], and now vested in him[^f00003], and of all other powers enabling him in that behalf, being satisfied that fireplaces of the classes described in the Schedule hereto can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke, hereby makes the following Order:

Title, commencement and extent

1

• (1) This Order may be cited as the Smoke Control Areas (Exempted Fireplaces) Order 1988 and shall come into force on 31st January 1989.

• (2) This Order shall extend to England and Wales.

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

2

The classes of fireplace described in the Schedule shall, upon the conditions there specified, be exempted from the provisions of section 11 of the Clean Air Act 1956 (which empowers a local authority to declare the whole or any part of its district to be a smoke control area).

Revocation of Smoke Control Areas (Exempted Fireplaces) Order 1987

3

The Smoke Control Areas (Exempted Fireplaces) Order 1987[^f00004] is hereby revoked.

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 30th April 1986 and which bear the reference“No. C06/0016”.

2

No fuel shall be used other than the waste derived fuel recommended in the manufacturer’s instructions.

3

The fireplace shall be operated as a single unit with—

• (a) the Tollemache Drier manufactured by Newell Dunford Limited; and

• (b) the Venturi Scrubber manufactured by Air Pollution Control Limited.

4

The fireplace shall not be used to burn sawdust in bulk or plastic materials other than plastic coated chipboard.

Signed

Nicholas Ridley — One of Her Majesty’s Principal Secretaries of State — 23rd December 1988

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. Specified classes of fireplace may be exempted from control by order.

This Order, which applies to England and Wales, exempts twenty-six classes of fireplace from the provisions of the section subject to certain conditions as to installation, maintenance and operation.

Article 3 revokes the Smoke Control Areas (Exempted Fireplaces) Order 1987.

Footnotes

[^f00001]: See the definition of “Minister” in section 34(1).

[^f00002]: 1956 c. 52.

[^f00003]: S.I. 1970/1681.

[^f00004]: S.I. 1987/1394.