Explanatory Note

(This note is not part of the Regulations)

By virtue of section 20 of the Clean Air Act 1993, where smoke is emitted from a chimney, in a smoke control area, and that chimney is either—

(a)a chimney of a building, or

(b)a chimney serving the furnace of a fixed boiler or industrial plant (not being a chimney of a building),

the occupier of the building or, as the case may be, the person having possession of the boiler or plant, is guilty of an offence.The section provides that it is a defence to show that any alleged emission was caused solely by the use of an authorised fuel.

These Regulations, which apply to Great Britain, amend the Smoke Control Areas (Authorised Fuels) Regulations 1991 so that the following additional fuels are now authorised—

(a)BFL Fireside;

(b)Gloco coke;

(c)Homefire (R) briquettes;

(d)Long Beach Lump nuts; and

(e)Sunbrix briquettes.

The Regulations further amend the 1991 Regulations so as to take account of the change in name of two authorised fuels (Ancit briquettes are now called Phurnacite Plus, and Roomheat briquettes are now called Homefire ovals), and so as to take account of the corporate restructuring which has resulted in the authorised fuel New Taybrite briquettes now being manufactured by Ryan Mining Limited.