The Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020

Type Statutory-Instrument
Publication 2020-10-07
Last updated 2020-10-08
State In force
Department King's Printer of Acts of Parliament
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Made: 7th October 2020

Coming into force in accordance with regulation 1(2)

A draft of this instrument has been approved by a resolution of each House of Parliament pursuant to section 87(8) of the 1995 Act.

PART 1 — Introduction

Citation, commencement and application

1

Interpretation

2

and for these purposes the supply is to be taken to have occurred at the point of sale, or if later, on the dispatch of the fuel;

PART 2 — Supply of wood in units less than two cubic metres

Interpretation: Part 2

3

In this Part—

Prohibition on the supply of a relevant unit of wood

4

Appointment and functions of an approved wood certification body

5

as referred to in the firewood fuel specification BS EN ISO 17225-5.

Exemption for small foresters

6

PART 3 — Supply of wood in units of two cubic metres or more

Interpretation: Part 3

7

In this Part, “relevant amount of wood” means an amount of wood to be supplied—

Prohibition on the supply of a relevant amount of wood without a notice

8

PART 4 — Supply of manufactured solid fuels

Interpretation: Part 4

9

Prohibition on the supply of certain manufactured solid fuels

10

Appointment and functions of an approved manufactured solid fuel certification body

11

List of manufactured solid fuels specified by the Secretary of State

12

PART 5 — Coal

Interpretation: Part 5

13

In this Part—

Prohibition on the supply of bituminous coal

14

Transitional provision

15

Nothing in this Part applies for the 24-month period beginning with 1st May 2021 in respect of the supply of loose coal directly to a consumer by a person who on that day is a member of the Approved Coal Merchant Scheme[^f00011].

PART 6 — Enforcement

Enforcement body

16

Powers of enforcement

17

Fixed penalties

18

Contents of a penalty notice

19

Amount of penalty and period for payment

20

Effect of notice and payment

21

Trial

22

Withdrawal of notices

23

Recovery by local authority of the reasonable costs of enforcing these Regulations

24

A local authority may recover the expenses reasonably incurred by it in enforcing these Regulations from a person in respect of whom it has taken any action under these Regulations.

PART 7 — Review

Review

25

[image omitted]

SCHEDULE 2 — Form of words in respect of wood sold in volumes of two cubic metres or more

This wood is not suitable for burning until it has been dried. You should not burn wood until it has a moisture content of 20% or less.

Wet wood contains moisture which creates smoke and harmful particulates when burnt. As well as being harmful to your health and the environment, this can damage your stove and chimney and is an inefficient way to heat your home. Dry it in a sunny, well-aired space for at least two years, keeping rain off in the winter.

Radial cracks and bark that comes off easily suggests wood that is ready for burning. Test the wood when you think it is ready for burning, ideally with a moisture meter. First calibrate the meter and then measure a freshly split surface to get the best reading.

Signed

Rebecca Pow — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 7th October 2020

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made under section 87 of the Environment Act 1995 (c. 25). They make provision restricting the sale of certain solid fuels, and provide for the enforcement of breaches of these Regulations by a local authority.

Part 1 of the Regulations provides that they come into force, for the purpose of appointing a certification body under either regulation 5 or 11, on the day after they are made, and for all other purposes on 1st May 2021.

Part 2 of the Regulations relates to the supply of wood in amounts of under two cubic metres. It is an offence to supply such wood unless it has been certified, under regulation 5 of that Part, and unless it is accompanied by the information specified in regulation 4. The penalty for an offence committed under Part 2 is a fine. However, under regulation 6, nothing in Part 2 of the Regulations applies to a small forester (as defined in regulation 6(2)) for a year following the coming into force of the offences in the Regulations.

Part 3 of the Regulations relates to the supply of wood in amounts of two cubic metres or more. It is an offence punishable by a fine to supply such an amount of wood without the accompanying words specified in Schedule 2.

Part 4 of the Regulations makes provision in respect of the supply of manufactured solid fuels. A person must not supply a manufactured solid fuel that is not an authorised fuel within the meaning of that Part, or supply a manufactured solid that is not on the list maintained by the Secretary of State under regulation 12. Regulation 11 provides for the appointment by the Secretary of State of an approved manufactured solid fuel certification body. It also deems a fuel that is on the list under Part 3 of the Clean Air Act 1993 (c. 11) immediately before the coming into force of these Regulations to be an authorised fuel (but only for as long as that fuel remains on the list).

Part 5 makes provision relating to the supply of bituminous coal. It is an offence to supply pre-bagged and loose bituminous coal. However, an Approved Coal Merchant will not commit the offence of selling loose bituminous coal to a consumer where the coal is sold directly to a consumer during the two-year period ending with 30th April 2023.

Part 6 makes provision for the enforcement of the Regulations by a local authority.

Part 7 provides for review of the operation of the Regulations for the purpose of the Small Business, Enterprise and Employment Act 2015 (c. 26).

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Environment, Food and Rural Affairs, 2 Marsham Street, London SW1P 4DF, and is published with an Explanatory Memorandum alongside these Regulations on https://legislation.gov.uk.

Footnotes

[^f00001]: 1995 c. 25 (“the 1995 Act”); subsection (1) was amended by S.I. 2011/1043.

[^f00002]: In particular Directive 2016/2284/EU of the European Parliament and the Council relating to national emission ceilings for certain atmospheric pollutants (OJ No L 344, 17.12.2016, p 1) and the United Nations Economic Commission for Europe 1979 Convention on Long-Range Transboundary Air Pollution and its 1999 Protocol to Abate Acidification, Eutrophication and Ground-level Ozone, which was revised in 2012.

[^f00003]: As amended by S.I. 2013/755.

[^f00004]: The Environment Agency was established by section 1 of the 1995 Act.

[^f00005]: The standards are available for purchase from https://www.iso.org/home.html, or https://shop.bsigroup.com (as the case may be) and are available for inspection the offices of the Department for Environment, Food and Rural Affairs, 2 Marsham Street, London SW1P 4DF.

[^f00006]: The standards are available for purchase from https://www.iso.org/home.html, or https://shop.bsigroup.com (as the case may be) and are available for inspection at the offices of the Department for Environment, Food and Rural Affairs, 2 Marsham Street, London SW1P 4DF

[^f00007]: 1993 c 11; section 20(5ZA) to (5ZC) was inserted by section 15(2) of the Deregulation Act 2015 (c. 20).

[^f00008]: Information relating to Combined Nomenclature (CN) is available at https://ec.europa.eu/taxation_customs/business/calculation-customs-duties/what-is-common-customs-tariff/combined-nomenclature_en as that information applies on the day that these Regulations come into force, and is also available for inspection from the offices of the Department for Environment, Food and Rural Affairs, 2 Marsham Street, London SW1P 4DF.

[^f00009]: 1838 c. 43 (1 and 2 Vict).

[^f00010]: 1861 c. 40 (24 and 25 Vict).

[^f00011]: Details of the Approved Coal Merchant Scheme may be obtained from the Approved Coal Merchant Scheme, 95 High Street, Clay Cross, Derbyshire, S45 9DZ and are available for inspection from the offices of the Department for Environment, Food and Rural Affairs, 2 Marsham Street, London SW1P 4DF.

[^f00012]: 2018 c. 12.

[^f00013]: 2015 c. 26. Section 30(3) was amended by section 19 of the Enterprise Act 2016 (c. 12).

Editorial notes

[^key-1bac15a48443860f2ec709414850d99f]: Reg. 1 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-a7b2ec07d64563fd3c05c6bb26b4cfb7]: Reg. 2 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-7f66200e6fc81676674d605f2c42e0bd]: Reg. 3 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-0fcf93b742640be58cad4dca813145f2]: Reg. 4 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-d9227eb63281f7182bdd2b2883077f14]: Reg. 5 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-724d6a2ed9d7a0092c0779f24738fdf1]: Reg. 6 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-33d02045f8b338c86ecb6b6521891640]: Reg. 7 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-e66164b7f0bfaad7f5e87dd17e182cc4]: Reg. 8 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-d2388528a7e42c332d1e8cb7ea98d988]: Reg. 9 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-4d21bcb954a3f9394c9efb1573bffdd8]: Reg. 10 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-ca9f532dbaca79b722aa3368a51820f6]: Reg. 11 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-e1cf104d953916a2465c7ef3bdd12cdc]: Reg. 12 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-ae271dc6c30a7e4026f67b79b0cf0141]: Reg. 13 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-b4e4c01b55fb5973fcc8c4a8b38d1466]: Reg. 14 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-111b466afa583d95dd30f0c5c00b4b87]: Reg. 15 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-55b0106f4366d07b11a06d22b65fd2b1]: Reg. 16 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-fea95e1f7b412af838b147421968b64e]: Reg. 17 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-424fc5646b324900d23be6bf7c845fdb]: Reg. 18 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-b919a97db105876d714facb0611ca28b]: Reg. 19 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-afa6c310bd352ac379cdcd3c658e2905]: Reg. 20 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-6e1f4bc8e251029c4f7056505070e191]: Reg. 21 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-accbda07d971b2e45fb9004373bca027]: Reg. 22 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-16ed5714950f9640dcc75ae6b14dcb74]: Reg. 23 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-ffb23a28388f3851de4fe95b0295ae4c]: Reg. 24 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-991bfcb3f585bc87b40c930b3590d3a1]: Reg. 25 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-6e6777c3960652251d6e003d1491b3cb]: Sch. 1 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

[^key-9ca5cfcf732c4cc86d309ff27e64e74b]: Sch. 2 in force at 8.10.2020 for specified purposes and 1.5.2021 in so far as not already in force, see reg. 1(2)

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