Scottish Statutory Instrument 1999 No. 58

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SCOTTISH STATUTORY INSTRUMENTS

1999 No. 58

CLEAN AIR

The Smoke Control Areas (Exempted Fireplaces) (Scotland) Order 1999

	Made	10th September 1999
	Laid before the Scottish Parliament	10th September 1999
	Coming into force	1st October 1999

Citation and commencement

This Order may be cited as the Smoke Control Areas (Exempted Fireplaces) (Scotland) Order 1999 and shall come into force on 8th October 1999.

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

The classes of fireplace described in the first column of the Schedule to this Order shall, upon the conditions specified in the corresponding entry in the second column of that Schedule, 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 Order

In the Schedule to the Smoke Control Areas (Exempted Fireplaces) Order 1996[

SARAH BOYACK

SCHEDULE

Article 2

Class of fireplace	Conditions
The Dunsley Yorkshire Stove manufactured by Dunsley Heat Limited.	1. The fireplaces shall be installed, maintained and operated in accordance with the manufacturer's instructions dated 5th August 1998 and bearing the reference "A/22160". 2. No fuel shall be used other than- (a) untreated dry wood; (b) peat or peat briquettes with, in either case, less than 25 per cent moisture; (c) 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 of the total weight; (d) CPL Wildfire, manufactured by Coal Products Limited, Coventry, which comprise bituminous coal with a volatile content of 32 per cent to 36 per cent (as to approximately 96 per cent of the total weight) and a cold cure resin binder (as to the remaining weight); are manufactured from those constituents by a process involving roll-pressing; have an average weight of between 80 and 90 grammes or between 160 and 170 grammes; and have a sulphur content not exceeding 1.8 per cent of the total weight.
The I.D.L, M and H incinerators, manufactured by the Incinerator Doctor.	1. The fireplaces shall be installed, maintained and operated in accordance with the manufacturer's instructions dated February 1999 and bearing the reference "I.D.E.I.". 2. No fuel shall be used other than paper, cardboard, untreated dry wood, foliage, floor sweepings, and other waste containing no more than 20 per cent by weight of restaurant and cafeteria waste and less than 5 per cent by weight of coated paper, plastic or rubber waste.
The Osier wood burning stove, manufactured by Reinhart von Zschock.	1. The fireplaces shall be installed, maintained and operated in accordance with the manufacturer's instructions dated 30th September 1997 and bearing the reference "CSC/OS/001". 2. No fuel shall be used other than untreated dry wood.
The Trash X incinerator, models TX25, TX35, TX50, TX35L and TX50L, manufactured by Roscoe Fabrications Limited.	1. The fireplaces shall be installed, maintained and operated in accordance with the manufacturer's instructions dated 1998 and bearing the reference "TX/1998". 2. No fuel shall be used other than paper, card, untreated dry wood and cotton waste.
The Wood Stone Ovens, models WS-MS-4-W (Mt. Chuckanut), WS-MS-5-W (Mt. Adams), WS-MS-6-W (Mt. Baker) and WS-MS-7-W (Mt. Rainier), manufactured by the Wood Stone Corporation, USA.	1. The fireplaces shall be installed, maintained and operated in accordance with the manufacturer's instructions dated 8th September 1998 and bearing the reference "BPWS version 1". 2. No fuel shall be used other than untreated dry wood.

EXPLANATORY NOTE

(This note is not part of the Order)

Section 20 of the Clean Air Act 1993 generally prohibits the emission of smoke in smoke control areas. The Scottish Ministers may by order made under section 21 of the Act exempt specified classes of fireplace from the provisions of section 20 if they are satisfied that fireplaces can be used for burning fuel (other than authorised fuels) without producing any smoke or a substantial quantity of smoke.

Article 2 of this Order exempts the classes of fireplaces listed in the first column of the Schedule to the Order from the provisions of section 20, subject to the conditions listed in the second column of that Schedule. Article 3 amends an earlier order under section 21 to take account of a change in the reference numbers of exempted fireplaces manufactured by Dovre Castings Limited.

[1] 1993 c.11. The functions of the Secretary of State under section 21 were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

back

[2] S.I.1996/1108.back

ISBN 0 11 059136 4


© Crown copyright 1999	Prepared 22 September 1999

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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> Scottish Statutory Instrument 1999 No. 58 URL: http://www.bailii.org/scot/legis/num_reg/1999/19990058.html