The Smoke Control Areas (Exempted Fireplaces) Order 1992

The Secretary of State for the Environment as respects England and Wales and the Secretary of State for Scotland as respects Scotland, in exercise of the powers conferred by section 11(4) of the Clean Air Act 1956[^f00001], being satisfied that fireplaces of the classes described in this Order can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke, hereby make the following Order:

Title and commencement

1

This Order may be cited as the Smoke Control Areas (Exempted Fireplaces) Order 1992 and shall come into force on 10th December 1992.

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

2

The classes of fireplace described in the Schedule to this Order 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).

SCHEDULE

Signed

Michael Howard — Secretary of State for the Environment — 1992-11-09

Hector Monro — Parliamentary Under Secretary of State, Scottish Office — 1992-11-09

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 throughout Great Britain, exempts the classes of fireplace mentioned in the Schedule from the provisions of the section subject to conditions requiring compliance with the relevant manufacturer’s instructions as to installation, maintenance and operation and to conditions as to the fuel to be used. If these instructions cannot be obtained from the manufacturer, copies may be obtained, free of charge, from the Department of the Environment, Room B350, Romney House,43 Marsham Street, London SW1 3PY.

Footnotes

[^f00001]: 1956 c. 52; section 11 was amended by the Local Government, Planning and Land Act 1980 (c. 65), Schedule 2, paragraph 2 and Schedule 34, Part II. See the definition of Minister in section 34(1). The powers of the Minister as respects England and Wales are now vested in the Secretary of State by virtue of S.I. 1970/1681.

Editorial notes

[^key-93ec916ce47780feb39649b0136cd762]: Art. 1 in force at 10.12.1992, see art. 1

[^key-f76b63501ed0c657128a7ddfc0376021]: Art. 2 in force at 10.12.1992, see art. 1