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The Smoke Control Areas (Exempted Fireplaces) (Scotland) Revocation Order 2016

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Scottish Statutory Instruments

2016 No. 292

Clean Air

The Smoke Control Areas (Exempted Fireplaces) (Scotland) Revocation Order 2016

Made

14th September 2016

Laid before the Scottish Parliament

16th September 2016

Coming into force

31st October 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by section 21(5) of the Clean Air Act 1993(1) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Smoke Control Areas (Exempted Fireplaces) (Scotland) Revocation Order 2016 and comes into force on 31st October 2016.

Revocation

2.  The Smoke Control Areas (Exempted Fireplaces) (Scotland) Order 2014(2) is revoked.

R CUNNINGHAM

A member of the Scottish Government

St Andrew’s House,

Edinburgh

14th September 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes the Smoke Control Areas (Exempted Fireplaces) (Scotland) Order 2014 (“the 2014 Order”). The 2014 Order made provision for certain fireplaces to be exempted from the prohibition, under section 20 of the Clean Air Act 1993 (“the 1993 Act”), of the emission of smoke in smoke control areas.

The Regulatory Reform (Scotland) Act 2014 amended section 21 of the 1993 Act to allow a list of the exempted classes or descriptions of fireplace to be published in such manner as the Scottish Ministers consider appropriate. That list is published at www.scottishairquality.co.uk. Consequently, the 2014 Order is no longer required.

No Business and Regulatory Impact Assessment has been prepared for this Order as no impact upon business, charities or voluntary bodies is foreseen.

(1)

1993 c.11. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). Section 21 was amended by section 50(3) and (4) of the Regulatory Reform (Scotland) Act 2014 (asp 3).

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