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Heta INSPIRE 45 - Appendix A: Legal Information

Heta INSPIRE 45
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27
4. Appendix A
The Clean Air Act 1993 and Smoke Control
Areas Under the Clean Air Act local authorities
may declare the whole or part of the district of
the authority to be a smoke control area. It is
an offence to emit smoke from a chimney of a
building, from a furnace or from any fixed boiler
if located in a designated smoke control area. It
is also an offence to acquire an ”unauthorised
fuel” for use within a smoke control area unless
it is used in an ”exempt” appliance (”exempted”
from the controls which generally apply in the
smoke control area).
The Secretary of State for Environment, Food
and Rural Affairs has powers under the Act to
authorise smokeless fuels or exempt applian-
ces for use in smoke control areas in England.
In Scotland and Wales this power rests with
Ministers in the devolved administrations for
those countries. Separate legislation, the Clean
Air (Northern Ireland) Order 1981, applies in
Northern Ireland. Therefore it is a requirement
that fuels burnt or obtained for use in smoke
control areas have been ”authorised” in Regula-
tions and that appliances used to burn solid fuel
in those areas (other than ”authorised” fuels)
have been exempted by an Order made and sig-
ned
by the Secretary of State or Minister in the
devolved administrations.
The Inspire 40 have all been recommended as
suitable for use in smoke control areas when
burning dry wood logs.
Further information on the requirements of the
Clean Air Act can be found here: https://www.
gov.uk/ smoke-control-area-rules
Your local authority is responsible for imple-
menting the Clean Air Act 1993 including desig-
nation and supervision of smoke control areas
and you can contact them for details of Clean
Air Act requirements.

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