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The Smoke Control Areas (Exempted Fireplaces) Order 1970

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Title and commencement

1.  This order may be cited as the Smoke Control Areas (Exempted Fire-places) Order 1970 and shall come into operation on 1st May 1970.

Interpretation

2.—(1) The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.

(2) In this order—

“fireplace” includes any furnace, grate or stove, whether open or closed; and

“the standard conditions” means the conditions specified in article 4 of this order.

Classes of fireplace exempt from section 11 of Clean Air Act 1956

3.  In England and Wales, any class of fireplace numbered and described in column (1) of Schedule 1 hereto shall, upon the standard conditions and such further conditions (if any) as are specified in column (2) against that class, be exempted from the provisions of section 11 of the Clean Air Act 1956 (which enables local authorities to establish smoke control areas in which emission of smoke is an offence, but provides for the exemption of certain fireplaces).

Standard conditions of exemption

4.  The standard conditions shall be that the fireplace is installed, maintained and operated—

(a)so as to minimise the emission of smoke; and

(b)in accordance with the manufacturer's instructions as to operation (if any) or, in the case of the class of fireplace numbered 6 in Schedule 1 hereto, in accordance with such instructions of the National Coal Board.

Revocations

5.  The orders set out in Schedule 2 hereto are hereby revoked.

Given under the official seal of the Minister of Housing and Local Government on 21st April 1970.

L.S.

Anthony Greenwood

Minister of Housing and Local Government

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