Explanatory note
(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 chimney of a building; or
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 revoke all previous authorised fuel Regulations and specify all fuels which are currently authorised fuels for the purposes of the 1993 Act. The specified fuels are authorised for use in Wales. Although most of the fuels in these Regulations have previously been authorised fuels, the description of many fuels has been revised to reflect changes in their manufacture or place of manufacture. A number of previously authorised fuels which are no longer believed to be manufactured or to be marketed in the United Kingdom have been removed from the list of authorised fuels.
Bord na Móna Firelogs, Bryant and May Firelogs, and Charglow briquettes are authorised for use for the first time.
These regulations consolidate and replace the Smoke Control Areas (Authorised Fuels) Regulations 1991 (S.I. 1991/1282), Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1992 (S.I. 1992/72), Smoke Control Areas (Authorised Fuels) (Amendment) (No.2) Regulations 1992 (S.I. 1992/3148), Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1993 (S.I. 1993/2499), Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1996 (S.I. 1996/1145), Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1997 (S.I. 1997/2658), Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1998 (S.I. 1998/2154), Smoke Control Areas (Authorised Fuels) (Amendment No.2) Regulations 1998 (S.I. 1998/3096) and Smoke Control Areas (Authorised Fuels) (Amendment) (Wales) Regulations 2000 (S.I. 2000/3156 (W. 2000/205 )).
Fuel which was manufactured before 17th December 2001 and which was authorised by Regulations revoked by these Regulations may be used notwithstanding the revocation.