The Smoke Control Areas (Exempted Fireplaces) (No. 2) Order 1990
S.I. 1990/2457 · Made 4 December 1990 · Extends to England, Wales and Scotland
CLEAN AIR
Made 4th December 1990
Laid before Parliament 10th December 1990
Coming into force 31st December 1990
The Secretary of State for the Environment as respects England and Wales and the Secretary of State for Scotland as respects Scotland, in exercise of the powers conferred by section 11(4)f1 of the Clean Air Act 1956f2, being satisfied that fireplaces of the classes 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 make the following Order:
Annotations to the whole text
Textual amendments
- F1
Order revoked (S.) (29.6.2009) by The Smoke Control Areas (Exempt Fireplaces) (Scotland) Order 2009 (S.S.I. 2009/214), arts. 1(1), 3, sch. 2; and revoked (E.) (6.4.2015) by The Smoke Control Areas (Exempted Fireplaces) (England) Order 2015 (S.I. 2015/307), art. 1(c), Sch. 2 Pt. 2
Footnotes
- f1
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See the definition of “the Minister” in section 34(1). The powers of the Minister as respects England and Wales are now vested in the Secretary of State by virtue of S.I. 1970/1681.
- f2
Contents
- 1Title and commencement
- 2Classes of fireplace exempted from section 11 of the Clean Air Act 1956
- Signature
- Schedule Schedule
- Explanatory note
1Title and commencementF1I1
This Order may be cited as the Smoke Control Areas (Exempted Fireplaces) (No. 2) Order 1990 and shall come into force on 31st December 1990.
2Classes of fireplace exempted from section 11 of the Clean Air Act 1956F1I1
The classes of fireplace described in the Schedule 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).
Signature
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
4th December 1990
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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 fireplace may be exempted from control by order.
This Order, which applies throughout Great Britain, exempts the classes of fireplace mentioned in the Schedule from the provisions of the section subject to conditions requiring compliance with the relevant manufacturer’s instructions and subject to certain conditions as to installation, maintenance and operation.