5
The Clean Air Act 1993 and Smoke Control Areas
Under the Clean Air Act local authorities may declare the whole or part of
the district of the authority to be a smoke control area. It is an offence to
emit smoke from a chimney of a building, from a furnace or from any fixed
boiler if located in a designated smoke control area. It is also an offence to
acquire an "unauthorized fuel" for use within a smoke control area unless it is
used in an "exempt" appliance ("exempted" from the controls which
generally apply in the smoke control area).
The Secretary of State for Environment, Food and Rural Affairs has powers
under the Act to authorize smokeless fuels or exempt appliances for use in
smoke control areas in England. In Scotland and Wales this power rests with
Ministers in the devolved administrations for those countries. Separate
legislation, the Clean Air (Northern Ireland) Order 1981, applies in Northern
Ireland. Therefore it is a requirement that fuels burnt or obtained for use in
smoke control areas have been "authorized" in Regulations and that
appliances used to burn solid fuel in those areas (other than "authorized"
fuels) have been exempted by an Order made and signed by the
Secretary of State or Minister in the devolved administrations.
The Malvern Classic (MV2CL) has been recommended as suitable for use in
smoke control areas when burning wood.
When the primary air control is in the closed position, it remains
permanently open by 5mm and is prevented from closing fully by a screw.
Further information on the requirements of the Clean Air Act can be found
here:
http://smokecontrol.defra.gov.uk/
Your local authority is responsible for implementing the Clean Air Act 1993
including designation and supervision of smoke control areas and you can
contact them for details of Clean Air Act requirements
Summary of Contents for MV2CL
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