The Smoke Control Areas (Authorised Fuels) (Wales) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

Section 20 of the Clean Air Act 1993 (“the 1993 Act”) provides that where a chimney is either—

(a) a chimney of a building; or

(b) a chimney serving the furnace of a fixed boiler or industrial plant,

then the occupier of the building or (as the case may be) the person having possession of the boiler or plant is guilty of an offence if the chimney is in a smoke control area and emits smoke. However, it is a defence to prove that the alleged emission was caused solely by the use of an authorised fuel.

In Wales, an authorised fuel means a fuel declared to be authorised by Regulations made by the Welsh Ministers.

These regulations specify all fuels which are currently authorised for use in Wales for the purposes of Section 20 of the 1993 Act. They revoke and replace the Smoke Control Areas (Authorised Fuels) (Wales) Regulations 2006 (S.I. 2006/2979) (W.270)).

Most of the fuels in these Regulations have previously been authorised fuels. However, the description of Aimcor Excel briquettes, Aimcor Pureheat briquettes, and Long Beach Lump nuts have been revised to reflect changes in their manufacture.

Big K Instant Lighting Fire Logs, Ecoal briquettes, La Hacienda Easy Logs, Optima Fire Logs, Pyrobloc Fire Logs, and Unicite are authorised for use for the first time. A further type of Zip Firelog has also been authorised for the first time.

A savings provision (see Regulation 3(2)) ensures that authorised fuels manufactured before these Regulations came into force will continue to be authorised fuels. Use of such fuels will therefore continue to provide a defence to any allegation of an unlawful emission of smoke contrary to Section 20 of the 1993 Act.

A regulatory impact assessment has been prepared in connection with these Regulations. A copy can be obtained from the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.