1974 No. 855
CLEAN AIR

The Smoke Control Areas (Exempted Fireplaces) (Variation) (No. 2) Order 1974

Made
Laid before Parliament
Coming into Operation
The Secretary of State for the Environment, in exercise of the powers conferred by section 11(8) of the Clean Air Act 1956 and now vested in him1 and of all other powers enabling him in that behalf, hereby orders as follows:—

Title and commencement1.

This order may be cited as the Smoke Control Areas (Exempted Fireplaces) (Variation) (No. 2) Order 1974 and shall come into operation on 29th May 1974.

Interpretation2.

The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.

Variation of conditions for class of fireplace exempted from section 11 of the Clean Air Act 19563.

In Schedule 1 to the Smoke Control Areas (Exempted Fireplaces) Order 19702, for the condition specified in column (2) against the class of fireplace numbered 6 in column (1), there shall be substituted the following condition:—

“No fuel shall be used other than selected washed coal marketed under the name “Housewarm” by agreement with the National Coal Board. ”

Revocation4.

The Smoke Control Areas (Exempted Fireplaces) (Variation) Order 19743 shall be amended by omitting from the Schedule thereto the reference to the Smoke Control Areas (Exempted Fireplaces) Order 1970.
Anthony Crosland
Secretary of State for the Environment
EXPLANATORY NOTE

Section 11 of the Clean Air Act 1956 empowers the creation of smoke control areas. Certain classes of fireplace, as specified by order, are exempt from control, upon conditions as to proper operation. This Order amends one of the conditions (as to type of fuel) attaching to the Housewarmer fireplace, manufactured for the National Coal Board by Ideal Standards Ltd. This is effected by way of amendment to the Smoke Control Areas (Exempted Fireplaces) Order 1970, and consequentially a reference to this order is removed from the Smoke Control Areas (Exempted Fireplaces) (Variation) Order 1974 (which comes into operation on the same date as this Order—namely, 29th May 1974).