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The Sulphur Content of Solid Fuel Regulations (Northern Ireland) 1998

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Explanatory Note

(This note is not part of the Regulations.)

These Regulations contribute towards the implementation, as respects Northern Ireland, of Council Directive 80/779/EEC on air quality limit values and guide values for sulphur dioxide and suspended particulates (“the Directive”).

Regulation 3 prohibits the retail sale or delivery, with certain exceptions, of solid fuel with a sulphur content greater than 2 per cent. (dry basis). That regulation allows such fuel to be delivered to premises other than a private dwelling, and its possession for the purposes of manufacturing solid fuel or its export from Northern Ireland.

Regulation 4 permits existing stocks of fuel held on trade premises on the commencement date of the Regulations to be sold or delivered, despite the prohibition in regulation 3.

Regulation 5 places a duty on district councils to enforce the Regulations.

Regulation 6 enables authorised officers to enter trade premises, to inspect and to take samples of solid fuel, and to submit any such samples for testing to an approved laboratory. Authorised officers are also empowered to inspect any relevant information and to seize and detain any records held on such premises.

Regulation 7 prohibits the obstruction of an authorised officer or the furnishing of false or misleading information, while regulation 8 creates offences and provides that a person guilty of an offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale (currently £5,000).

Copies of the Directive may be obtained from the Stationery Office, 16 Arthur Street, Belfast BT1 4GD.

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