The Smoke Control Areas (Exempted Fireplaces) Order 1996

Made: 16th April 1996

Laid before Parliament: 24th April 1996

Coming into force: 15th May 1996

The Secretary of State, in exercise of the powers conferred by section 21 of the Clean Air Act 1993[^f00001], being satisfied that the classes of fireplace 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:

Citation and commencement

1

This Order may be cited as the Smoke Control Areas (Exempted Fireplaces) Order 1996 and shall come into force on 15th May 1996.

Classes of fireplace exempted from section 20 of the Clean Air Act 1993

2

The classes of fireplace described in the Schedule shall, upon the conditions there specified, be exempted from the provisions of section 20 of the Clean Air Act 1993 (which prohibits smoke emissions in smoke control areas).

Amendment of earlier order

3

In the Schedule to the Smoke Control Areas (Exempted Fireplaces) Order 1991[^f00002], in the entry relating to the Talbott’s Warm Air Heaters Down Firing range models D250, D500 and D700, in Condition 2, for the words “chipboard or plastic coated chipboard” there shall be substituted “chipboard, plastic coated chipboard or cardboard”.

SCHEDULE

1

The fireplaces shall be installed, maintained and operated in accordance with the manufacturer’s instructions dated October 1995 bearing the following reference:—

• (a) ;model 500G: “500G”;

• (b) model 700G:“700G”.

2

No fuel shall be used other than wood.

Signed

Signed by authority of the Secretary of State

Robert Jones — Minister of State, — Department of the Environment — 16th April 1996

Explanatory note

(This note is not part of the Order)

Local authorities may declare the whole or any part of their district to be a smoke control area under section 18 of the Clean Air Act 1993. Section 20 of the Act generally prohibits the emission of smoke in smoke control areas. The Secretary of State may by order made under section 21 of the Act exempt specified classes of fireplace from the provisions of section 20, if he is satisfied that they can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke.

This Order, which applies throughout Great Britain, exempts the classes of fireplace mentioned in the Schedule from the provisions of section 20 subject to conditions requiring installation, maintenance and operation in accordance with the relevant manufacturer’s instructions and subject to certain conditions as to the fuel to be used. It also amends an earlier order so as to allow cardboard to be burnt in the classes of fireplace specified.

Footnotes

[^f00001]: 1993 c. 11.

[^f00002]: S.I. 1991/2892.