The Smoke Control Areas (Exempted Fireplaces) (Scotland) Order 1989

Made: 17th May 1989

Laid before Parliament: 5th June 1989

Coming into force: 26th June 1989

The Secretary of State, in exercise of the powers conferred on him by sections 11(4) and 34(1) 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

• (1) This Order may be cited as the Smoke Control Areas (Exempted Fireplaces) (Scotland) Order 1989, and shall come into force on 26th June 1989.

• (2) This Order shall extend 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 fireplaces 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, which bear the reference “FF/CBR FLEXIFUEL 150/200 1989”.

2

No fuel shall be used other than hard or soft wood offcuts, chipboard or plastic coated chipboard.

3

The fireplace shall bnot be used to burn sawdust in bulk or plastic materials other than plastic coated chipboard.

4

The fireplace shall nbot be used to burn sawdust in bulk or plastic materials other than plastic coated chipboard.

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 17th May 1989

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 Scotland, exempts 27 classes of fireplace from the provisions of the section subject to certain conditions as to installation, maintenance and operation. The classes of fireplace are the CBR 150, 200, 300, 400 and 600 Flexifuel Heaters and the CBR 200, 300, 400, 500, 600 and 800 Turbo Heat manufactured by CBR Fabrications Limited, the Eclipse Junior, Standard, Senior and Jumbo 30 and 50 incinerators manufactured by Northern Incinerators Limited, the Haat LD, MD and HD incinerators manufactured by Haat Incineration Limited, the Holden Heat House 29.3kw and 45.4kw underfeed boilers manufactured by Holden Heat plc, the RanHeat Boiler type RHA20 manufactured by RanHeat, Energy A/S, the Talbott Pirojet P150, P300 and P600 Heaters manufactured by Talbott’s Heating Limited and the Triancomatic 90 and 140 boilers manufactured by Trianco Redfyre Limited.

Footnotes

[^f00001]: 1956 c. 52