The Smoke Control Areas (Exempted Fireplaces) Order 1987

Statutory Instruments

1987 No. 1394

CLEAN AIR

The Smoke Control Areas (Exempted Fireplaces) Order 1987

Made

5th August 1987

Laid before Parliament

12th August 1987

Coming into force

2nd September 1987

The Secretary of State, in exercise of the powers conferred on him by sections 11(4) and 33(1)(1) of the Clean Air Act 1956(2), and now vested in him(3), and of all other powers enabling him in that behalf, being satisfied that fireplaces of the class described in the Schedule hereto can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke, hereby makes the following Order:

Title, commencement and extent

1.—(1) This Order may be cited as the Smoke Control Areas (Exempted Fireplaces) Order 1987 and shall come into force on 2nd September 1987.

(2) This Order shall extend to England and Wales.

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

2.  The class of fireplace described in the Schedule to this Order shall, upon the conditions there specified, 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 its district to be a smoke control area).

Article 2

SCHEDULE

Class of fireplace

Conditions

The Babcock Worsley Fluidised Bed Combuster manufactured by Babcock Worsley 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 manufacturer’s instructions dated 30th April 1986 and which bear the reference “No. C06/0016”. 2.  No fuel shall be used other than the waste derived fuel recommended in the manufacturer’s instructions. 3.  The fireplace shall be operated as a single unit with— (a) he Tollemache Drier manufactured by Newell Dunford Limited; and (b) he Venturi Scrubber manufactured by Air Pollution Control Limited.

Nicholas Ridley

One of Her Majesty’s Principal Secretaries of State

5th August 1987

Explanatory Note

(This note is not part of the Order)

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. Specified classes of fireplaces may be exempted from control by order. This Order, which applies to England and Wales, exempts from the provisions of the section the Babcock Worsley Fluidised Bed Combuster manufactured by Babcock Worsley Limited subject to certain conditions as to installation, maintenance and operation.

(1)

See the definition of “Minister” in section 34(1).

(2)

1956 c. 52.

(3)

S.I. 1970/1681.