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2001 No. 3762 (W.311)

CLEAN AIR, WALES

The Smoke Control Areas (Authorised Fuels)(Wales) Regulations 2001

  Made 20 November 2001 
  Coming into force 17 December 2001 

The National Assembly for Wales, in exercise of the powers conferred on the Secretary for State by section 20(6) and 63(1) of the Clean Air Act 1993[1] and now vested in it[2], hereby makes the following Regulations:

Citation, commencement, and application
     1.  - (1) These Regulations may be cited as the Smoke Control Areas (Authorised Fuels)(Wales) Regulations 2001.

    (2) These Regulations shall come into force on 17 December 2001.

    (3) These Regulations apply to Wales.

Authorised fuels for the purposes of the Clean Air Act 1993
    
2. Anthracite, semi-anthracite, electricity, gas, low volatile steam coals and the fuels described in Schedule 1 are declared to be authorised fuels for the purposes of the Clean Air Act 1993.

Revocations and savings
    
3.  - (1) The Regulations listed in Schedule 2 are revoked.

    (2) Any fuel manufactured before 17th December 2001 which immediately before that date was an authorised fuel shall continue to be an authorised fuel notwithstanding the revocation of the Regulations listed in Schedule 2.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
3]


D. Elis-Thomas
The Presiding Officer of the National Assembly

20 November 2001



SCHEDULE 1
Regulation 2


AUTHORISED FUELS


     1 Aimcor Excel briquettes, manufactured by Applied Industrial Materials UK Limited at Newfield, County Durham, which - 

     2 Aimcor Pureheat briquettes, manufactured by Applied Industrial Materials UK Limited at Immingham, North East Lincolnshire, which - 

     3 Ancit briquettes, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which - 

     4 Black Diamond Gem briquettes, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which - 

     5 Bord na Móna Firelogs, manufactured by Bord na Móna Fuels Limited, Newbridge, County Kildare, Republic of Ireland, which - 

     6 Bryant and May Firelogs manufactured by Swedish Match at Kostenetz, Bulgaria, which - 

     7 Charglow briquettes, manufactured by Polchar Spolka z organiczona odpowiedzialnoscia, Police, Zachodniopomorskie, Poland, which - 

     8 Coalite manufactured by Coalite Products Limited at Bolsover, near Chesterfield, Derbyshire and at Grimethorpe, South Yorkshire using a low temperature carbonisation process.

     9 Coke manufactured by - 

     10 Cosycoke (also marketed as Lionheart Crusader or Sunbrite Plus) manufactured by Monckton Coke & Chemical Company Limited at Royston, near Barnsley, South Yorkshire and Aimcor Supercoke (also marketed as Supercoke), manufactured by M & G Fuels Limited at Hartlepool Docks, Hartlepool, which in each case - 

     11 Ecobrite briquettes, manufactured by Arigna Fuels Limited at Arigna, Carrick-on- Shannon, County Roscommon, Republic of Ireland, which - 

     12 Extracite briquettes, manufactured by Sophia-Jacoba Handelsgesellschaft mbH at Hückelhoven, Germany, which - 

     13 Fireglo briquettes, manufactured by Les Combustibles de Normandie at Caen, France, and by La Société Rouennaise de Defumage at Rouen, France, which - 

     14 Homefire briquettes, manufactured by Coal Products Limited at Shildon, County Durham, which - 

     15 Homefire ovals, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which - 

     16 Homefire Ovals (R), manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which - 

     17 Island Lump and Island Nuts, manufactured by Unocal Refinery, California, the United States of America, which - 

     18 Jewel briquettes, manufactured by Eldon Colliery Limited at Newfield Works, Bishop Auckland, County Durham, which - 

     19 Long Beach Lump nuts (otherwise known as LBL nuts), manufactured by Aimcor Carbon Corporation at Long Beach, California, the United States of America, which - 

     20 Maxibrite briquettes, manufactured by Maxibrite Limited at Llantrisant, Rhondda Cynon Taff, which - 

     21 Newflame briquettes, manufactured by Maxibrite Limited at Llantrisant, Rhondda Cynon Taff, which - 

     22 Phurnacite briquettes, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which - 

     23 Safelight Firelogs, manufactured by Advanced Natural Fuels Limited, at Pocklington, East Riding of Yorkshire, which - 

     24 Sovereign briquettes, manufactured by Monckton Coke & Chemical Company Limited at Royston, near Barnsley, South Yorkshire which - 

     25 Supabrite Coke Doubles, manufactured by H.J. Banks and Company Limited at Inkerman Road Depot, Tow Law, County Durham, which - 

     26 Supacite briquettes, manufactured by Maxibrite Limited at Llantrisant, Rhondda Cynon Taf, which - 

     27 Supertherm briquettes, manufactured by Coal Products Limited at Shildon, County Durham, which - 

     28 Supertherm II briquettes, manufactured by Coal Products Limited at Shildon, County Durham, which - 

     29 Taybrite briquettes (otherwise known as Surefire briquettes), manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which - 

     30 Thermac briquettes, manufactured by Coal Products Limited at Shildon, County Durham, which - 



SCHEDULE 2
Regulation 3(1)


REVOCATIONS


Regulations revoked: - 



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 - 

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.


Notes:

[1] 1993 c.11back

[2] The powers of the Secretary of State in so far as exercisable in relation to Wales have been transferred to the National Assembly of Wales: see Article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)back

[3] 1998 c.38back



Cymraeg (Welsh)



ISBN 0 11090406 0


  Prepared 23 January 2002


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