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

UK Statutory Instrument 2020 No. 1095 — creates 4 criminal offences.

4offences created

0recorded in force

0revoked

Made: 7 October 2020
In force from: Not determined
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: Schedule 11 to, the Environment Act 1995

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

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.

Offences created by this instrument

Powers of enforcement regulation 17(4) · Status not determined · Requires proof of a state of mind
Prohibition on the supply of a relevant unit of wood regulation 4(4) · Status not determined · Strict liability
Appointment and functions of an approved wood certification body regulation 5(7) · Status not determined · Strict liability
Prohibition on the supply of a relevant amount of wood without a notice regulation 8(2) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Draft Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020 Commons · General Committees · 16 September 2020 · The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)
I beg to move, That the Committee has considered the draft Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020. As ever, it is a pleasure to serve under your chairmanship, Mr Davies. The draft statutory instrument fulfils an important commitment made in the clean air strategy to tackle harmful emissions from domestic burning and to improve air quality. The national statistics on emissions of air pollutants in the UK, published in February, indicated that the domestic burning of wood and coal was a major source of primary emissions of fine particulate matter in 2018. Fine…
Draft Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020 Commons · General Committees · 16 September 2020 · Ruth Jones (Newport West) (Lab)
It is a pleasure to serve under your chairmanship today, Mr Davies. It is also a pleasure to speak on behalf of Her Majesty’s Opposition and to say a few words about the draft Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020. As the Minister has said, these draft regulations are designed to restrict the sale of some types of solid fuels used for domestic purposes. The ultimate purpose, so we hear from Ministers, is to improve air quality and prevent the release of harmful air pollutants. Those are noble aims, but the Opposition are very clear: we need real action, not…
Draft Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020 Commons · General Committees · 16 September 2020
Business without Debate Commons · Commons Chamber · 21 September 2020 · Madam Deputy Speaker (Dame Eleanor Laing)
With the leave of the House, we shall take motions 2 to 6 together. Motion made, and Question put forthwith (Standing Order No. 118(6)), Exiting the European Union That the draft European Structural and Investment Funds Common Provisions and Common Provision Rules etc. (Amendment) (EU Exit) (Revocation) Regulations 2020, which were laid before this House on 13 July, be approved. Infrastructure Planning That the draft Infrastructure Planning (Electricity Storage Facilities) Order 2020, which was laid before this House on 14 July, be approved. Representation of the People That the draft…
Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020 Lords · Lords Chamber · 29 September 2020
Environment Bill Lords · Lords Chamber · 13 September 2021 · Baroness Bloomfield of Hinton Waldrist (Con)
I begin by thanking noble Lords for the quality of their contributions on the important issue of air quality throughout these proceedings, including in Committee. I agree that ambitious action is needed, which is why the Bill requires the Government to set two targets on air quality, including for fine particulate matter, the particulate most harmful to human health. These will be supported by a robust set of measures in the Bill which enable the action required to meet those targets. I can confirm to the noble Baroness, Lady Sheehan, that the department will organise a meeting for her and…

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