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The Smoke Control Areas (Exempted Fireplaces) Order 1992

S.I. 1992/2811 · Made 9 November 1992 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2015.

CLEAN AIR

Made 9th November 1992

Laid before Parliament 19th November 1992

Coming into force 10th December 1992

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) of the Clean Air Act 1956f1, being satisfied that fireplaces of the classes described in this Order 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

1956 c. 52; section 11 was amended by the Local Government, Planning and Land Act 1980 (c. 65), Schedule 2, paragraph 2 and Schedule 34, Part II. See the definition of 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.

Contents

  1. 1Title and commencement
  2. 2Classes of fireplace exempted from section 11 of the Clean Air Act 1956
  3. Signature
  4. Schedule Schedule
  5. Explanatory note

1Title and commencementF1I1

This Order may be cited as the Smoke Control Areas (Exempted Fireplaces) Order 1992 and shall come into force on 10th December 1992.

2Classes of fireplace exempted from section 11 of the Clean Air Act 1956F1I1

The classes 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).

Signature

F1Michael Howard

Secretary of State for the Environment

9th November 1992

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

9th November 1992

I1F1

Class of fireplaceConditions
The Cronspisen stove, using the five channel chimney system, manufactured by Cronspisen Produktion AB.1. The fireplace is installed, maintained and operated in accordance with the manufacturer’s instructions bearing the reference “January 1992. Serial No: UM 351B”.
2. No fuel is used other than firewood that has been split, stacked and air-dried.
The RanHeat Boiler Types RHA 160, 200 and 250, manufactured by RanHeat Energy GB Limited.1. The fireplaces are installed, maintained and operated in accordance with the manufacturer’s instructions dated 30th March 1988 bearing the reference “RHGBEA 30388”.
2. No fuel is used other than hard and soft wood shavings.
The Defiant Encore manufactured by VCW International Limited.1. The fireplace is installed, maintained and operated in accordance with the manufacturer’s instructions dated November 1991 bearing the reference “200—8632”.
2. No fuel is used other than firewood that has been split, stacked and air-dried.

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 as to installation, maintenance and operation and to conditions as to the fuel to be used. If these instructions cannot be obtained from the manufacturer, copies may be obtained, free of charge, from the Department of the Environment, Room B350, Romney House,43 Marsham Street, London SW1 3PY.