The Smoke Control Areas (Exempt Fireplaces) (Scotland) Order 2010

Signed

R CUNNINGHAM — Authorised to sign by the Scottish Ministers — 30th June 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order, which extends to Scotland only, makes provision for exemption from the prohibition, under section20 of the Clean Air Act 1993, on the emission of smoke in smoke control areas.

The Order exempts those fireplaces described in the Schedule where they comply with the conditions specified in that Schedule.

The Order revokes and re-enacts the Smoke Control Areas (Exempt Fireplaces) (Scotland) Order 2009 (S.S.I. 2009/214). It also provides for additional fireplaces to be exempt. The additional entries in the Schedule are: 6; 14 to 16; 21; 25 to 27; 30 and 31; 33; 37; 45 and 46; 55 to 58; 60 to 62; 72 to 78; 82 to 84; 91; 104; 108 to 112; 115; 118 to 120 (other than the Løvenholm); 122 to 124; 126; 152 to 154; 169 to 177; 180 to 183; 219; 229 to 234; and 236. Additionally, an amendment has been made to the conditions applying to entry 70.

An exemption from the requirements of section20 of the Clean Air Act 1993 does not confer exemption under any other statutory regime which may be applicable, and the burning of waste may be subject to other controls such as licensing under the Waste Management Licensing Regulations 1994 (S.I.1994/1056) or permitting under the Pollution Prevention and Control (Scotland) Regulations (S.S.I.2000/323).

No Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the costs of business.

Footnotes

[^f00001]: 1993 c.11. The functions of the Secretary of State under section21 were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46).

[^f00002]: Fuels declared by the Scottish Ministers to be authorised fuels for the purposes of PartIII of the Clean Air Act 1993 under section20(6) of that Act are specified in S.S.I.2010/271.

[^f00003]: S.S.I. 2009/214.

[^f00004]: This standard is issued by the Austrian Standards Institute. Copies may be obtained from that Institute at Heinestrasse, 38, 1020Vienna, Austria, http://www.austrian-standards.at.

[^f00005]: This standard is issued by the Austrian Standards Institute. Copies may be obtained from that Institute at Heinestrasse, 38, 1020Vienna, Austria, http://www.austrian-standards.at.

[^f00006]: This standard is issued by the British Standards Institution, ISBN 978 0 580 60015 9. Copies may be obtained from that Institution, at 389, Chiswick High Road, London, W4 4AL, http://www.bsigroup.com.

[^f00007]: This standard is issued by the European Committee for Standardisation (CEN). Copies may be obtained from CEN at Avenue Marnix 17, B-1000, Brussels, Belgium, http://www.cenorm.be.

[^f00008]: This standard is issued by the Austrian Standards Institute. Copies may be obtained from that Institute at Heinestrasse 38, 1020Vienna, Austria, http://www.austrian-standards.at.

[^f00009]: This standard is issued by the German Institute for Standardisation. Copies may be obtained from that Institute at Burggrafenstrasse, 6, 10787 Berlin, Germany, http://www.din.de.

[^f00010]: This standard is issued by the Austrian Standards Institute. Copies may be obtained from that Institute at Heinestrasse 38, 1020Vienna, Austria, http://www.austrian-standards.at.

[^f00011]: This standard is issued by the European Committee for Standardisation (CEN). Copies may be obtained from CEN at Avenue Marnix 17, B-1000, Brussels, Belgium, http://www.cenorm.be.

[^f00012]: This standard is issued by the European Committee for Standardisation (CEN). Copies may be obtained from CEN, Avenue Marnix 17, B-1000, Brussels, Belgium, http://www.cenorm.be.

[^f00013]: This standard is issued by the German Institute for Standardisation. Copies may be obtained from that Institute at Burggrafenstrasse 6, 10787 Berlin, Germany, http://www.din.de.