The Smoke Control Areas (Exempted Fireplaces) Order 1983

Statutory Instruments

1983 No. 277

CLEAN AIR

The Smoke Control Areas (Exempted Fireplaces) Order 1983

Made

1st March 1983

Laid before Parliament

11th March 1983

Coming into Operation

2nd April 1983

The Secretary of State for the Environment, in exercise of powers conferred by section 11(4) of the Clean Air Act 1956 and now vested in him(1), and of all other powers enabling him in that behalf, hereby orders as follows:—

Title, commencement and extent

1.—(1) This order may be cited as the Smoke Control Areas (Exempted Fireplaces) Order 1983 and shall come into operation on 2nd April 1983.

(2) This order applies to England and Wales.

Class of fireplace exempted from section 11 of the Clean Air Act 1956

2.  The class of fireplace described in Column (1) of the Schedule to this order shall, subject to the conditions specified in Column (2) thereof, be exempted from the provisions of section 11 of the Clean Air Act 1956 (which empowers a local authority to declare the whole or any part of their district to be a smoke control area).

Revocation

3.  The Smoke Control Areas (Exempted Fireplaces) Order 1981 is hereby revoked.

Tom King

Secretary of State for the Environment

1st March 1983

Article 2

SCHEDULE EXEMPTED CLASS OF FIREPLACE

(1)	(2)
Class of Fireplace	Conditions
The fireplace known as the Rayburn Coalglo C-30 and manufactured, both as an inset model and as a free-standing model, by Glynwed Domestic and Heating Appliances Limited.	1. The fireplace shall be installed, maintained, and operated so as to minimise the emission of smoke at all times, and in accordance with the manufacturers' instructions which— (a) in the case of the inset model, bear the date 1st September 1981 and the reference “Code 510”, or (b) in the case of the free-standing model, bear the date 1st December 1982 and the reference “Code 510F”. 2. No fuel shall be used other than selected washed coal doubles and trebles (also known as nuts and large nuts).

EXPLANATORY NOTE

Section 11 of the Clean Air Act 1956 empowers local authorities to declare the whole or any part of their district to be a smoke control area in which the emission of smoke is generally prohibited.

This Order, which applies to England and Wales, exempts the inset and free-standing models of a class of fireplace known as the Rayburn Coalglo C-30, manufactured by Glynwed Domestic and Heating Appliances Limited, from the provisions of that section, subject to certain conditions as to the method of operation to be followed and the type of fuel to be used. It re-enacts the Smoke Control Areas (Exempted Fireplaces) Order 1981, which related to the same class of fireplace (but to the inset model only), and extends its provisions, without amendment of their content, to the free-standing model of that class.

(1)

S.I. 1970/1681.