Scottish Statutory Instruments
2001 No. 433
CLEAN AIR
The Smoke Control Areas (Authorised Fuels) (Scotland) Regulations 2001
Made 22nd November 2001
Laid before the Scottish Parliament 23rd November 2001
Coming into force 17th December 2001

The Scottish Ministers, in exercise of the powers conferred by sections 20(6) and 63(1) of the Clean Air Act 1993 and of all other powers enabling them in that behalf, hereby make the following Regulations:
1993 c. 11; section 63(1) was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 199. 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).

Citation, commencement and extent
1. (1) These Regulations may be cited as the Smoke Control Areas (Authorised Fuels) (Scotland ) Regulations 2001 and shall come into force on 17th December 2001.
(2) These Regulations extend to Scotland only.

Authorised fuels for the purposes of Part III of the Clean Air Act 1993
2. Anthracite, semi-anthracite, electricity, gas, low volatile steam coals and the fuels described in Schedule 1 are hereby declared to be authorised fuels for the purposes of Part III of the Clean Air Act 1993.

Revocations and savings
3. (1) The Regulations listed in Schedule 2 are revoked.
(2) Any fuel manufactured before 17th December 2001 which, immediately before that date, was an authorised fuel for the purposes of Part III of the Clean Air Act 1993 shall continue to be an authorised fuel for those purposes notwithstanding the revocation of the Regulations listed in Schedule 2.
RHONA BRANKIN
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
22nd November 2001

SCHEDULE 1 AUTHORISED FUELS
Regulation 2
1. Aimcor Excel briquettes, manufactured by Applied Industrial Materials UK Limited at Newfield, County Durham, which–
(a) comprise petroleum coke (as to 60 to 75 per cent of the total weight), low volatile coal and reactive coke (as to 20 to 25 per cent of the total weight) and cold-setting resin binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing;
(c) are unmarked pillow-shaped briquettes;
(d) have an average weight of 73 grammes per briquette; and
(e) have a sulphur content not exceeding 2 per cent of the total weight.
2. Aimcor Pureheat briquettes, manufactured by Applied Industrial Materials UK Limited at Immingham, North East Lincolnshire, which–
(a) comprise anthracite (as to approximately 60 per cent of the total weight), petroleum coke (as to approximately 25 per cent of the total weight) and binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment at about 250°C;
(c) are pillow-shaped briquettes with a single line indentation on one side and a double line indentation on the reverse side;
(d) have an average weight of 75 grammes per briquette; and
(e) have a sulphur content not exceeding 2 per cent of the total weight.
3. Ancit briquettes, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which–
(a) comprise anthracite (as to approximately 60 to 85 per cent of the total weight), petroleum coke (up to approximately 30 per cent of the total weight), bituminous coal (up to approximately 15 per cent of the total weight) and a molasses and phosphoric acid binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment at about 300°C;
(c) are unmarked cushion-shaped briquettes;
(d) have an average weight of 48 grammes per briquette; and
(e) have a sulphur content not exceeding 1.5 per cent of the total weight.
4. Black Diamond Gem briquettes, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which–
(a) comprise anthracite duff (as to 20 to 30 per cent of the total weight), petroleum coke (as to 40 to 45 per cent of the total weight), bituminous coal (as to 12 to 22 per cent of the total weight) and molasses and phosphoric acid binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment at about 300°C;
(c) are pillow-shaped briquettes marked with two parallel indented lines running latitudinally around the briquette;
(d) have an average weight of 160 grammes per briquette; and
(e) have a sulphur content not exceeding 1.5 per cent of the total weight.
5. Bord na Móna Firelogs, manufactured by Bord na Móna Fuels Limited, Newbridge, County Kildare, Republic of Ireland, which–
(a) comprise slack wax (as to approximately 55 per cent of the total weight), hardwood sawdust (as to approximately 45 per cent of the total weight);
(b) were manufactured from those constituents by a process of heat treatment and extrusion;
(c) are firelogs approximately 255 millimetres in length and 75 millimetres in diameter, with grooves along one longitudinal face;
(d) have an average weight of 1.3 kilogrammes per firelog; and
(e) have a sulphur content not exceeding 0.1 per cent of the total weight.
6. Bord na Móna Firepak (also marketed as Arigna Special coal briquettes), manufactured by Bord na Móna Fuels Limited, Newbridge, County Kildare, Republic of Ireland, which–
(a) comprise anthracite (as to approximately 50 per cent of the total weight), petroleum coke (as to approximately 20 to 40 per cent of the total weight), bituminous coal (as to approximately 10 to 30 per cent of the total weight) and starch based binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment;
(c) are unmarked pillow-shaped briquettes;
(d) have an average weight of 50 grammes per briquette; and
(e) have a sulphur content not exceeding 1.5 per cent of the total weight.
7. Bryant and May Firelogs manufactured by Swedish Match at Kostenetz, Bulgaria, which–
(a) comprise paraffin wax (as to approximately 50 per cent of the total weight), ground poplar wood (as to approximately 25 per cent of the total weight), wheatflour (as to approximately 15 per cent of the total weight), ignitable solids dispersed in gelled paraffin wax (as to approximately 1 per cent of the total weight) and water, swelling agents and preservative (as to the remaining weight);
(b) were manufactured from those constituents by a process involving extrusion;
(c) have a quadrant shaped cross section with a radius of approximately 80 millimetres, a length of approximately 265 millimetres and an ignition strip along one edge;
(d) have an approximate weight of 1.15 kilogrammes per firelog; and
(e) have a sulphur content not exceeding 0.1 per cent of the total weight.
8. Charglow briquettes, manufactured by Polchar Spo_ka z ograniczon_ odpowiedzialno_ci_, Ulica Kuznicka 1, Police, Zachodniepomorskie, Poland, which–
(a) comprise bituminous coal char (as to approximately 45 to 95 per cent of the total weight), anthracite (as to approximately 0 to 20 per cent of the total weight), petroleum coke (as to approximately 0 to 20 per cent of the total weight), bituminous coal (as to approximately 0 to 10 per cent of the total weight) and an organic binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment at about 110°C;
(c) are unmarked pillow-shaped briquettes;
(d) have an average weight of 100 grammes per briquette; and
(e) have a sulphur content not exceeding 1.5 per cent of the total weight.
9. Coalite manufactured by Coalite Products Limited at Bolsover, near Chesterfield, Derbyshire and at Grimethorpe, South Yorkshire using a low temperature carbonisation process.
10. Coke manufactured by–
(a) Coal Products Limited at Cwm Coking Works, Llantwit Fardre, Pontypridd, Rhondda Cynon Taff, and sold as “Sunbrite”;
(b) Monckton Coke & Chemical Company Limited at Royston, near Barnsley, South Yorkshire, and sold as “Sunbrite” or “Monckton Boiler Beans”;
(c) Corus UK Limited at Teeside Works, Redcar and sold as “Redcar Coke Nuts (Doubles)”; and
(d) Coal Products Limited at Cwm Coking Works, Llantwit Fardre, Pontypridd, Rhondda Cynon Taff and sold as “Cwm Coke Doubles”.
11. Cosycoke (also marketed as Lionheart Crusader or Sunbrite Plus) manufactured by Monckton Coke & Chemical Company Limited at Royston, near Barnsley, South Yorkshire, and Aimcor Supercoke (also marketed as Supercoke), manufactured by M & G Fuels Limited at Hartlepool Docks, Hartlepool, which in each case–
(a) comprise sized hard coke (as to approximately 45 to 65 per cent of the total weight) and sized petroleum coke (as to the remaining weight);
(b) were manufactured from those constituents by blending;
(c) are unmarked random shapes; and
(d) have a sulphur content not exceeding 2 per cent of the total weight.
12. Ecobrite briquettes, manufactured by Arigna Fuels Limited at Arigna, Carrick-on-Shannon, County Roscommon, Republic of Ireland, which–
(a) comprise anthracite fines (as to approximately 96 per cent of the total weight) and starch as binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment at about 250°C;
(c) are unmarked pillow-shaped briquettes in two sizes;
(d) have an average weight of 37 grammes in the case of the smaller size and 48 grammes in the case of the larger size; and
(e) have a sulphur content not exceeding 1.5 per cent of the total weight.
13. Extracite briquettes, manufactured by Sophia-Jacoba Handelsgesellschaft mbH at Hückelhoven, Germany, which–
(a) comprise anthracite duff (as to approximately 95.5 per cent of the total weight) and ammonium lignosulphonate lye as binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment at about 260°C;
(c) are cushion-shaped briquettes with a silvery appearance and are marked with the letters “S” and “J”;
(d) have an average weight of 40 grammes per briquette; and
(e) have a sulphur content of approximately 1.2 per cent of the total weight.
14. Fireglo briquettes, manufactured by Les Combustibles de Normandie at Caen, France, and by La Société Rouennaise de Defumage at Rouen, France, which–
(a) comprise washed Welsh duffs (as to approximately 92 per cent of the total weight) and coal pitch binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment at about 330°C;
(c) are ovoids with three lines on one side and are smooth on the other side;
(d) have an average weight of 30 grammes per briquette; and
(e) have a sulphur content not exceeding 0.8 per cent of the total weight.
15. Homefire briquettes, manufactured by Coal Products Limited at Shildon, County Durham, which–
(a) comprise anthracite fines (as to approximately 40 to 70 per cent of the total weight), petroleum coke (as to approximately 20 to 45 per cent of the total weight), char (as to approximately 0 to 10 per cent of the total weight), bituminous coal (as to approximately 5 to 30 per cent of the total weight) and an organic binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing;
(c) have a volatile matter content in the finished briquette of neither less than 9 nor more than 15 per cent of the total weight on a dry basis;
(d) are unmarked hexagonal briquettes;
(e) have an average weight of 140 grammes per briquette; and
(f) have a sulphur content not exceeding 2 per cent of the total weight.
16. Homefire ovals, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which–
(a) comprise anthracite duff (as to approximately 57 per cent of the total weight), petroleum coke (as to approximately 17 per cent of the total weight), bituminous coal (as to approximately 13 per cent of the total weight) and molasses and phosphoric acid as binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment at about 300°C;
(c) are pillow-shaped briquettes with two parallel indented lines running latitudinally around the briquette;
(d) have an average weight of 135 grammes per briquette; and
(e) have a sulphur content not exceeding 2 per cent of the total weight.
17. Homefire Ovals (R), manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which–
(a) comprise anthracite fines (as to approximately 50 to 75 per cent of the total weight), petroleum coke (as to approximately 20 to 45 per cent of the total weight), bituminous coal (as to approximately 5 to 17 per cent of the total weight) and an organic binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing;
(c) are pillow-shaped briquettes with two parallel indented lines running latitudinally around the briquette;
(d) have an average weight of 130 grammes per briquette; and
(e) have a sulphur content not exceeding 2 per cent of the total weight.
18. Island Lump and Island Nuts, manufactured by Unocal Refinery, California, the United States of America, which–
(a) comprise petroleum coke;
(b) were manufactured from the petroleum coke by a process involving heat treatment and steam injection;
(c) are unmarked random shapes;
(d) have an average weight of 80 grammes (per briquette of Island Lump) or 30 grammes (per briquette of Island Nuts); and
(e) have a sulphur content not exceeding 2 per cent of the total weight.
19. Jewel briquettes, manufactured by Eldon Colliery Limited at Newfield Works, Bishop Auckland, County Durham, which–
(a) comprise anthracite (as to approximately 30 to 50 per cent of the total weight) and Long Beach petroleum coke (as to approximately 50 to 70 per cent of the total weight) and a carbohydrate binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment at about 150°C;
(c) are unmarked pillow-shaped briquettes;
(d) have an average weight of 33 grammes per briquette; and
(e) have a sulphur content not exceeding 1.5 per cent of the total weight.
20. Long Beach Lump nuts (otherwise known as LBL nuts), manufactured by Aimcor Carbon Corporation at Long Beach, California, the United States of America, which–
(a) comprise petroleum coke (as to approximately 85 to 100 per cent of the total weight), limestone (as to approximately 0 to 10 per cent of the total weight) and coal tar pitch (as to the remaining weight);
(b) were manufactured from those constituents by a process involving heat treatment and steam injection;
(c) are unmarked random shapes; and
(d) have a sulphur content not exceeding 2 per cent of the total weight.
21. Maxibrite briquettes, manufactured by Maxibrite Limited at Llantrisant, Rhondda Cynon Taff, which–
(a) comprise anthracite fines (as to approximately 84 per cent of the total weight), petroleum coke (as to approximately 12 per cent of the total weight) and starch as binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment at 250°C;
(c) are cushion-shaped briquettes marked with the letter “M”;
(d) have an average weight of 35 grammes per briquette; and
(e) have a sulphur content not exceeding 2 per cent of the total weight.
22. Newflame briquettes, manufactured by Maxibrite Limited at Llantrisant, Rhondda Cynon Taff, which–
(a) comprise anthracite fines (as to approximately 84 per cent of the total weight), petroleum coke (as to approximately 12 per cent of the total weight) and starch as binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment at about 260°C;
(c) are unmarked pillow-shaped briquettes;
(d) have an average weight of 78 grammes per briquette; and
(e) have a sulphur content not exceeding 2 per cent of the total weight.
23. Phurnacite briquettes, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which–
(a) comprise anthracite duff (as to approximately 65 to 85 per cent of the total weight), petroleum coke (as to approximately 20 per cent of the total weight) and a molasses and phosphoric acid binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment at about 300°C;
(c) are ovoid-shaped briquettes with two parallel indented lines running longitudinally around the briquette;
(d) have an average weight of 40 grammes per briquette; and
(e) have a sulphur content not exceeding 1.5 per cent of the total weight.
24. Safelight Firelogs, manufactured by Advanced Natural Fuels Limited, at Pocklington, East Riding of Yorkshire, which–
(a) comprise woodchip (as to approximately 40 to 55 per cent of the total weight) and Palm Wax binder (as to approximately 45 to 60 per cent of the total weight);
(b) were manufactured from those constituents by a process involving pressing of the mixed ingredients at about 40°C to 50°C;
(c) are rectangular hard finish Firelogs with two deep overlapping slots in the top surface, a single continuous slot in the base surface;
(d) have an average weight of 1.8 kilogrammes per firelog; and
(e) have a sulphur content not exceeding 2 per cent of the total weight.
25. Sovereign briquettes, manufactured by Monckton Coke & Chemical Company Limited at Royston, near Barnsley, South Yorkshire, which–
(a) comprise anthracite (as to approximately 75 per cent of the total weight), coal and reactive coke (as to approximately 21 per cent of the total weight) and cold-setting resin binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving extrusion;
(c) are unmarked hexagonal briquettes;
(d) have an average weight of 130 grammes per briquette; and
(e) have a sulphur content not exceeding 2 per cent of the total weight.
26. Supabrite Coke Doubles, manufactured by H.J. Banks and Company Limited at Inkerman Road Depot, Tow Law, County Durham, which–
(a) Comprise metallurgical coke (as to approximately 40 to 60 per cent of the total weight) and petroleum coke (as to the remaining weight);
(b) were manufactured from those constituents by a process involving blending and screening;
(c) are unmarked random shapes; and
(d) have a sulphur content not exceeding 1.95 per cent of the total weight.
27. Supacite briquettes, manufactured by Maxibrite Limited at Llantrisant, Rhondda Cynon Taff, which–
(a) comprise anthracite fines (as to approximately 84 per cent of the total weight), petroleum coke (as to approximately 12 per cent of the total weight) and starch as binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment at 240°C;
(c) are unmarked ovoids;
(d) have an average weight of 45 grammes per briquette; and
(e) have a sulphur content not exceeding 2 per cent of the total weight.
28. Supertherm briquettes, manufactured by Coal Products Limited at Shildon, County Durham, which–
(a) comprise a blend (in the proportion of 19:1) of anthracite and medium volatile coal (as to approximately 93 per cent of the total weight) and cold-setting organic binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing;
(c) are unmarked ovoids;
(d) have an average weight of 160 grammes per briquette; and
(e) have a sulphur content not exceeding 1.5 per cent of the total weight.
29. Supertherm II briquettes, manufactured by Coal Products Limited at Shildon, County Durham, which–
(a) comprise anthracite (as to approximately 36 to 51 per cent of the total weight), petroleum coke (as to approximately 40 to 55 per cent of the total weight) and an organic binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing ;
(c) are unmarked ovoids;
(d) have an average weight of 140 grammes per briquette; and
(e) have a sulphur content not exceeding 2 per cent of the total weight.
30. Taybrite briquettes (otherwise known as Surefire briquettes), manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which–
(a) comprise anthracite (as to approximately 60 to 80 per cent of the total weight), petroleum coke (as to approximately 10 to 30 per cent of the total weight) and a molasses and phosphoric acid binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment at about 300°C;
(c) are pillow-shaped briquettes marked with a single indented line running longitudinally along each face, offset from its counterpart by 10 millimetres or unmarked;
(d) have an average weight of 75 grammes per briquette; and
(e) have a sulphur content not exceeding 2 per cent of the total weight.
31. Thermac briquettes, manufactured by Coal Products Limited at Shildon, County Durham, which–
(a) comprise anthracite (as to approximately 90 per cent of the total weight) and cold-setting organic binder (as to the remaining weight);
(b) were manufactured from those constituents by a process involving roll-pressing;
(c) are unmarked pillow-shaped briquettes;
(d) have an average weight of 48 grammes per briquette; and
(e) have a sulphur content not exceeding 1.5 per cent of the total weight.

SCHEDULE 2 REVOCATIONS
Regulation 3(1)
Regulations revoked	Reference
The Smoke Control Areas (Authorised Fuels) Regulations 1991	S.I.1991/1282
The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1992	S.I.1992/72
The Smoke Control Areas (Authorised Fuels) (Amendment) (No.2) Regulations 1992	S.I.1992/3148
The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1993	S.I.1993/2499
The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1996	S.I.1996/1145
The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1997	S.I.1997/2658
The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1998	S.I.1998/2154
The Smoke Control Areas (Authorised Fuels) (Amendment No.2) Regulations 1998	S.I.1998/3096
The Smoke Control Areas (Authorised Fuels) (Amendment) (Scotland) Regulations 2000	S.S.I. 2000/129

(This note is not part of the Regulations)
Section 20 of the Clean Air Act 1993 provides that where smoke is emitted from a chimney in a smoke control area and that chimney is either–
(a) a chimney of a building; or
(b) a chimney serving the furnace of a fixed boiler or industrial plant (not being a chimney of a building),
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. It is a defence to show that the alleged emission was caused solely by the use of an authorised fuel.
These Regulations, which extend to Scotland only, consolidate the nine sets of regulations which have previously declared fuels to be authorised fuels for the purposes of the Clean Air Act 1993.
Four additional fuels are now authorised:
(a) Bord na Móna Firelogs;
(b) Bord na Móna Firepak (also marketed as Arigna Special coal briquettes);
(c) Bryant and May Firelogs; and
(d) Charglow briquettes.
The following changes related to authorised fuels are also reflected in the Regulations.
Certain authorised fuels are no longer manufactured or sold, namely Anthracine N20 briquettes, Anthranor briquettes (and Energlo briquettes), Antrex briquettes, BFL Fireside, Centurion briquettes, Clean Flame briquettes, Dutch (Sluiskil) Coke Doubles, Glowbrite coke, Gloco coke, Flamelite pellets, Homefire (R) briquettes, Koala briquettes, Maxiflame briquettes, Natura briquettes, New Taybrite briquettes, Phurnacite Plus briquettes, Sunbrix briquettes, and Thermabrite briquettes (and Thermaglow briquettes).
The authorised fuel previously known as Homefire briquettes is no longer manufactured but the authorised fuel previously known as Homefire (Improved) briquettes has been renamed Homefire briquettes.
The maximum sulphur contents of Homefire briquettes (previously known as Homefire (Improved) briquettes), Homefire ovals, Homefire Ovals (R), Maxibrite briquettes and Supacite briquettes have increased.
The compositions of Maxibrite briquettes, Newflame briquettes and Supacite briquettes have changed.
The methods of manufacture of Maxibrite briquettes, Newflame briquettes and Supertherm II briquettes have changed.
The places of manufacture of Homefire briquettes (previously known as Homefire (Improved) briquettes) and Homefire Ovals (R) have changed.
The manufacturer of Ancit briquettes is now Coal Products Limited and the manufacturer of Redcar Coke Nuts (Doubles) is now Corus UK Limited.
A savings provision ensures that stocks of authorised fuels manufactured before 17th December 2001 may still be used in a smoke control area (regulation 3(2)).