Statutory Instruments

1997 No. 3009

CLEAN AIR

[^F1The Smoke Control Areas (Exempted Fireplaces) Order 1997

Made

17th December 1997

Laid before Parliament

19th December 1997

Coming into force

9th January 1998

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 on them by section 21 of the Clean Air Act 1993(1) and of all other powers enabling them in that behalf, being satisfied that the classes of fireplace exempted by 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:

Citation and commencement _I1

1. This Order may be cited as the Smoke Control Areas (Exempted Fireplaces) Order 1997 and shall come into force on 9th January 1998.

Classes of fireplace exempted from section 20 of the Clean Air Act 1993 _I2

2. The classes of fireplace described in Schedule 1 shall, upon the conditions there specified, be exempted from the provisions of section 20 of the Clean Air Act 1993 (which prohibits smoke emissions in smoke control areas).

Amendment of earlier Orders _I3

3. The Orders mentioned in Schedule 2 shall be amended in accordance with that Schedule.

Signed by authority of the Secretary of State for the Environment

Michael Meacher

Minister of State,

Department of the Environment, Transport and the Regions

15th December 1997

Sewel

Parliamentary Under Secretary of State, Scottish Office

17th December 1997

Article 2

SCHEDULE 1 _I4

Class of fireplace	Conditions
The Talbott’s Energy Saving Wood Waste Burning Automatic Hot Water Heaters, models T1.5/AB, T3/AB, T5/AB and TM/AB, manufactured by Talbott’s Heating Limited.	1. The fireplaces shall be installed, maintained and operated in accordance with the manufacturer’s instructions dated October 1993 and bearing the reference “Issue: A1001”. 2. No fuel shall be used other than hardwood or softwood shavings or sawdust.
The Talbott’s Combustion Units, models CM1, CM2, CM3 and CM4, manufactured by Talbott’s Heating Limited.	1. The fireplaces shall be installed, maintained and operated in accordance with the manufacturer’s instructions dated August 1997 and bearing the reference “Issue: CM897”. 2. No fuel shall be used other than woodwaste, pallets, medium density fibreboard, melamine faced chipboard, cardboard, paper or untreated and airdried wood offcuts.

Class of fireplace

Conditions

The Talbott’s Energy Saving Wood Waste Burning Automatic Hot Water Heaters, models T1.5/AB, T3/AB, T5/AB and TM/AB, manufactured by Talbott’s Heating Limited.

1. The fireplaces shall be installed, maintained and operated in accordance with the manufacturer’s instructions dated October 1993 and bearing the reference “Issue: A1001”.

2. No fuel shall be used other than hardwood or softwood shavings or sawdust.

The Talbott’s Combustion Units, models CM1, CM2, CM3 and CM4, manufactured by Talbott’s Heating Limited.

1. The fireplaces shall be installed, maintained and operated in accordance with the manufacturer’s instructions dated August 1997 and bearing the reference “Issue: CM897”.

2. No fuel shall be used other than woodwaste, pallets, medium density fibreboard, melamine faced chipboard, cardboard, paper or untreated and airdried wood offcuts.

Article 3

SCHEDULE 2

PART I ENGLAND AND WALES _I5_,_I6

1. In Column (2) of the Schedule to the Smoke Control Areas (Exempted Fireplaces) (No. 3) Order 1983(2), at the end of condition 2 there shall be added:

“or Union Coal Briketts, manufactured by Rheinbraun AG of Germany and comprising lignite compressed into briquettes of approximately 15 centimetres in length with square ends and with a sulphur content not exceeding 1 per cent.”

2.—(1) The Smoke Control Areas (Exempted Fireplaces) Order 1984(3) shall be amended as follows.

(2) After article 2(2) there shall be added the following paragraph:

“(3) For the purpose of the conditions set out in paragraph (2), Union Coal Briketts, manufactured by Rheinbraun AG of Germany and comprising lignite compressed into briquettes of approximately 15 centimetres in length with square ends and with a sulphur content not exceeding 1 per cent, shall be treated as a fuel which may be used in accordance with the relevant manufacturer’s instructions for the Parkray Coalmaster II fireplace, the SE60 Coalburner Stove fireplace and the Worcester Centair 40 Solid Fuel Warm Air Heater fireplace.”.

(3) In the second column in the Schedule to that Order, for “operating instructions and installation and maintenance instructions: reference”“BC40.1.1. July 1982” (manufacturer’s instructions for the Worcester Centair 40 Solid Fuel Warm Air Heater fireplace) there shall be substituted:

“(a)installation instructions: reference “BC40.1.2 July 1983”;

(b)operating and maintenance instructions: reference “BC40.OM2 July 1983”.”

PART II SCOTLAND _I7_,_I8_,_I9

3. In Column (2) of Schedule 1 to the Smoke Control Areas (Exempted Fireplaces) (Scotland) Order 1983(4), at the end of condition 2 there shall be added:

“or Union Coal Briketts, manufactured by Rheinbraun of Germany and comprising lignite compressed into briquettes of approximately 15 centimetres in length with square ends and with a sulphur content not exceeding 1 per cent.”

4. In Column (2) of the Schedule to the Smoke Control Areas (Exempted Fireplaces) (Scotland) Order 1984(5), at the end of condition 2 of the conditions specified against the second class of fireplace listed in Column (1) (the Parkray Coalmaster II fireplace) there shall be added:

5.—(1) Schedule 1 to the Smoke Control Areas (Exempted Fireplaces) (Scotland) Order 1985(6) shall be amended as follows.

(2) At the end of condition 1 specified in Column (2) of Schedule 1 against the first class of fireplace described in Column (1) (the SE Coalburner Stove fireplace), there shall be added:

“, and, for the purpose of this condition, Union Coal Briketts, manufactured by Rheinbraun AG of Germany and comprising lignite compressed into briquettes of approximately 15 centimetres in length with square ends and with a sulphur content not exceeding 1 per cent, shall be treated as a fuel which may be used in accordance with those manufacturer’s instructions.”

(3) The following entry shall be added to Schedule 1:

(1)	(2)
The Worcester Centair 40 Solid Fuel Warm Air Heater manufactured by Worcester Engineering Co. 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 which— (a) in the case of installation instructions bear the reference “BC40.1.2 July 1983”; and (b) in the case of operating and maintenance instructions, bear the reference “BC40.OM2 July 1983”, and, for the purpose of this condition, Union Coal Briketts, manufactured by Rheinbraun AG of Germany and comprising lignite compressed into briquettes of approximately 15 centimetres in length with square ends and with a sulphur content not exceeding 1 per cent, shall be treated as a fuel which may be used in accordance with those manufacturer’s instructions.^F1]

(1)

(2)

Class of fireplace

Conditions

The Worcester Centair 40 Solid Fuel Warm Air Heater manufactured by Worcester Engineering Co. 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 which—

(a) in the case of installation instructions bear the reference “BC40.1.2 July 1983”; and

(b) in the case of operating and maintenance instructions, bear the reference “BC40.OM2 July 1983”,

and, for the purpose of this condition, Union Coal Briketts, manufactured by Rheinbraun AG of Germany and comprising lignite compressed into briquettes of approximately 15 centimetres in length with square ends and with a sulphur content not exceeding 1 per cent, shall be treated as a fuel which may be used in accordance with those manufacturer’s instructions.^F1]

(1)

1993 c. 11.

(2)

S.I. 1983/1018.

(3)

S.I. 1984/1649, amended by S.I. 1985/864.

(4)

S.I. 1983/1573.

(5)

S.I. 1984/1805, amended by S.I. 1985/315.

(6)

S.I. 1985/315.

in force	Provision is in force
in force*	In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
italics	Defined term
_dfn	Defined term (alternative style)
gry bckgrd	the in-force status of the provision is complex, check the footnotes

in force

Provision is in force

in force*

In force only for specified purposes (for detail about the purposes see/hover footnote)

not in force

Not in force in England (may be in force in other geographies, see footnotes)

italics

Defined term

_dfn

Defined term (alternative style)

gry bckgrd

the in-force status of the provision is complex, check the footnotes

footnote	commentary	geo extent
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	: England
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	: England
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	: England
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	: England
I1	Art. 1 in force at 9.1.1998, see art. 1
I2	Art. 2 in force at 9.1.1998, see art. 1
I3	Art. 3 in force at 9.1.1998, see art. 1
I4	Sch. 1 in force at 9.1.1998, see art. 1
I5	Sch. 2 para. 1 in force at 9.1.1998, see art. 1
I6	Sch. 2 para. 2 in force at 9.1.1998, see art. 1
I7	Sch. 2 para. 3 in force at 9.1.1998, see art. 1
I8	Sch. 2 para. 4 in force at 9.1.1998, see art. 1
I9	Sch. 2 para. 5 in force at 9.1.1998, see art. 1

Defined Term	Section/Article	ID
BC40.1.1. July 1982	para PART I of SCHEDULE 2	def_b1499e36fe
BC40.1.2 July 1983	para PART II of SCHEDULE 2	def_38bfa82cd4
BC40.OM2 July 1983	para PART II of SCHEDULE 2	def_aaac73ee64
Issue: A1001	para SCHEDULE 1	def_dfbe8c20de
Issue: CM897	para SCHEDULE 1	def_70ef085640
operating instructions and installation and maintenance instructions: reference	para PART I of SCHEDULE 2	def_3642e1a34e

1997 No. 3009

[F1The Smoke Control Areas (Exempted Fireplaces) Order 1997

Citation and commencement I1

Classes of fireplace exempted from section 20 of the Clean Air Act 1993 I2

Amendment of earlier Orders I3

SCHEDULE 1 I4