Sets out the acquisition and sale of unauthorised fuels in a smoke control area under the Clean Air Act 1993.
This factsheet sets out the acquisition and sale of unauthorised fuels in a smoke control area, in accordance with the Clean Air Act 1993, as amended by the Environment (Air Quality and Soundscapes) (Wales) Act 2024.
It’s illegal to buy and sell unauthorised fuels for use where a smoke control order applies, unless it’s for an exempt appliance, in a building, fireplace, or a fixed boiler / industrial plant. The list of authorised fuels in Wales can be found on the following website: Authorised/Certified Fuels – Clean Air Act Data Entry System. The list of exempt appliances in Wales can be found on the following website: Exempt Appliances – Clean Air Act Data Entry System
You can prosecute an acquirer of fuel if they break this rule with a fine not exceeding level 3 on the standard scale (£1,000).
You can prosecute a retailer if they break this rule and the level of fine will be decided by the court. You should also check that retailers are taking action to inform customers about these rules for example, by putting a sign next to the fuels or tills, or a message when paying online.
Under the legislation, a retailer can use any of the following as a defence if they can prove reasonable grounds for believing—
(a) that the building was not one to which the smoke control order in question applied, or
(b) that the fuel was acquired for use in—
- a fireplace that was, at the time of the delivery, an exempt fireplace, or
- a boiler or plant to which the smoke control order did not apply.