The Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2001

Welsh Statutory Instruments

2001 No. 1231 (W. 65)

CLEAN AIR, WALES

The Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2001

Made

22nd March 2001

Coming into force

1st April 2001

The National Assembly for Wales, being satisfied that the classes of fireplace exempted by this Order can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke, makes the following Order in exercise of the powers conferred on it by section 21 of the Clean Air Act 1993(1)):

Citation, commencement and application

1.—(1) This Order may be cited as the Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2001 and comes into force on the 1st April 2001.

(2) This Order applies to Wales.

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

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

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(2).

D.Elis Thomas

The Presiding Officer of the National Assembly

22nd March 2001

Article 2

SCHEDULE

Class of Fireplace

The Beech Wood Fired Pizza Oven manufactured by Beech Wood Fired Ovens, Brisbane, Australia.

Conditions

1.  The fireplace shall be installed, maintained and operated in accordance with the manufacturer’s instructions dated 3 March 2000 and bearing the reference “BBP236UK”.

2.  No fuel shall be used other than untreated dry hardwood.

Class of Fireplace

The Morsø 3400 Owl GB Series for wood burning manufactured by Morsø Jernstøberi A/S, Denmark.

Conditions

1.  The fireplace shall be installed, maintained and operated in accordance with the manufacturer’s instructions dated 1 January 2000 and bearing the reference 72345600

2.  No fuel shall be used other than—

(a) untreated dry wood, which has been split, stacked and air dried; or

(b) air dried wood briquettes.

Explanatory Note

(This note is not part of the Order)

Section 20 of the Clean Air Act 1993 generally prohibits the emission of smoke in smoke control areas. The National Assembly for Wales may by order made under section 21 of the Act exempt specified classes of fireplace from the provisions of section 20, if it is satisfied that they can be used for burning fuels without producing any smoke or a substantial quantity of smoke.

Article 2 of the Order exempts the classes of fireplace listed in the first column of the Schedule to the Order from the provisions of section 20, subject to the conditions listed in the second column of that Schedule.

This Order applies to Wales.

(1)

1993 c. 11 These powers were transferred to the National Assembley for Wales by Article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999 No. 672).

(2)

1998 c. 38