Section 19F Acquisition and sale of unauthorised fuel: WalesF1

England and Wales

(1)

Any person who—

(a)

acquires any solid fuel for use in a building to which a smoke control order in Wales applies;

(b)

acquires any solid fuel for use in a fireplace to which a smoke control order in Wales applies;

(c)

acquires any solid fuel for use in any fixed boiler or industrial plant to which a smoke control order in Wales applies; or

(d)

sells by retail any solid fuel in Wales for delivery by that person, or on that person’s behalf, to—

(i)

a building to which a smoke control order in Wales applies; or

(ii)

premises in which there is any fixed boiler or industrial plant to which such an order applies,

is guilty of an offence.

(2)

In subsection (1), “solid fuel” means any solid fuel other than an authorised fuel.

(3)

Subsection (1)(b) does not apply in relation to a fireplace that is‍‍ an exempt fireplace at the time of the acquisition.

(4)

Subsection (1) is subject to any regulations under section 19H(1)(b) (exemptions by regulations for whole or part of smoke control area).

(5)

In proceedings for an offence under subsection (1)(d), it is a defence for the person accused to prove that the person believed and had reasonable grounds for believing—

(a)

that the building referred to in sub-paragraph (i) of that subsection was not one to which the smoke control order in question applied, or

(b)

that the fuel was acquired for use in—

(i)

a fireplace that was, at the time of the delivery,‍‍ an exempt fireplace, or

(ii)

a boiler or plant to which the smoke control order did not apply.

(6)

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.‍

Annotations

Textual amendments

F1: Ss. 19E-19H and cross-heading inserted (E.W.) (31.7.2025) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 19(2), 30(3); S.I. 2025/937, art. 2(d)

Notes on Part III

Modifications

C1: Pt. 3: functions etc. assigned to the Port Health Authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))
C2: Pt. 3: functions etc. assigned to the Port Health Authority (7.11.2024) by The London Port Health Authority Order 2024 (S.I. 2024/1161), arts. 1(1), 4(2), Sch. (with arts. 4(3), 5(2))