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United Kingdom Statutory Instruments
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URL: http://www.bailii.org/uk/legis/num_reg/2002/20023046.html

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2002 No. 3046

CLEAN AIR, ENGLAND

The Smoke Control Areas (Authorised Fuels) (England) (Amendment) Regulations 2002

  Made 11th December 2002 
  Laid before Parliament 11th December 2002 
  Coming into force 6th January 2003 

The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred upon her by sections 20(6) and 63(1) of the Clean Air Act 1993[1], hereby makes the following Regulations:

Citation, commencement and extent
     1.  - (1) These Regulations may be cited as the Smoke Control Areas (Authorised Fuels) (England) (Amendment) Regulations 2002 and shall come into force on 6th January 2003.

    (2) These Regulations apply to England only[2].

Authorised Fuels for the purposes of the Clean Air Act 1993
     2.  - (1) Schedule 1 to the Smoke Control Areas (Authorised Fuels) (England) Regulations 2001[3] is amended as follows.

    (2) In paragraph 3(a) - 

    (3) After paragraph 11, two new paragraphs (11A and 11B) are inserted as follows - 

    (4) In paragraphs 15, 28, 29 and 31, the words "Shildon, County Durham" are replaced in each place by the words "Immingham Briquetting Works, Immingham, North East Lincolnshire" .

    (5) In paragraphs 15(a), 28(a) and 29(a) after the word "binder", there are inserted in each place the words "or a molasses and phosphoric acid binder".

Savings
     3. Notwithstanding the amendments made by regulation 2(4) above, Homefire briquettes, Supertherm briquettes, Supertherm II briquettes and Thermac briquettes, manufactured by Coal Products Limited at Shildon, County Durham before the coming into force of these Regulations, shall continue to be authorised fuels.



Signed by authority of the Secretary of State for Environment, Food and Rural Affairs.


Alun Michael
Minister of State, Department for Environment, Food and Rural Affairs

11th December 2002


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, which apply to England only, amend the Smoke Control (Authorised Fuels) (England) Regulations 2001 (S.I. 2001/3745) so that Dragonglow briquettes and Dragonbrite briquettes meeting the conditions set out in regulation 2 (3) are declared to be authorised fuels.

The Regulations also amend the 2001 Regulations to take account of the following changes - 

Notes:

 [1] 1993 c. 11.back

[2] The relevant powers of the Secretary of State have been devolved in relation to Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) (see entry in Schedule 1 for the Clean Air Act 1993) and in relation to Scotland by section 53 of the Scotland Act 1998 (c. 46).back

[3] S.I. 2001/3745.back


ISBN 0 11 044221 0


  Prepared 23 December 2002

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URL: http://www.bailii.org/uk/legis/num_reg/2002/20023046.html