Draft regulations laid before Parliament under section 87(8) of the Environment Act 1995, for 
approval by resolution of each House of Parliament.  
D R A F T  S T A T U T O R Y  I N S T R U M E N T S  
2020 No. 000  
ENVIRONMENTAL PROTECTION, ENGLAND  
The Air Quality (Domestic Solid Fue ls Standards) (England) 
Regulations 2020  
Made  - - - - *** 
Coming into force in accordance with regulation 1(2)  
CONTENTS  
PART 1  
Introduction  
 
1. Citation,  commencement and application  
2. Interpretation  
 
PART 2  
Supply of wood in units less than two cubic me tres 
 
3. Interpretation: Part 2  
4. Prohibition on the supply of a relevant unit of wood  
5. Appointment and functions of an approved wood certification body  
6. Exemption for small foresters  
 
PART 3  
Supply of wood in units of two cubic metres or more  
 
7. Interpretation: Part 3  
8. Prohibition on the supply of a relevant amount of wood without a notice  
 
PART 4  
Supply of manufactured solid fuels  
 
9. Interpretation: Part 4  
10. Prohibition on the supply of certain manufactured solid fuels  
11. Appointment and funct ions of an approved manufacture d solid fuel 
certification body  
12. List of manufactured solid fuels specified by the Secretary of State   
 2  
PART 5  
Coal   
 
13. Interpretation: Part 5  
14. Prohibition on the supply of bituminous coal  
15. Transitional provision  
 
PART 6  
Enforcement  
 
16.–17. Enforcement body  
18. Fixed penalties  
19. Contents of a penalty notice  
20. Amount of penalty and period for payment  
21. Effect of notice and payment  
22. Trial  
23. Withdrawal of notices  
24. Recovery by local authority of the reason able costs of enforcing these 
Regulations  
 
PART 7  
Review  
 
25. Review  
 
 SCHEDULE 1  — Form of logo  
 SCHEDULE 2  — Form of words in respect of wood sold in volumes of two cubic 
metres or more  
The Secretary of State makes these Regulations in exercise of the po wers conferred by section 
87(1)(a) and (b), (2)(c), (e)(i), (j), (m), (n), (o) and (5) of, and paragraph 5 of Schedule 11 to,  the 
Environment Act 1995( a) (“the 1995 Act”).  
The Secretary of State makes these Regulations having determined that it is necessa ry in order to 
meet obligations placed upon the UK under the EU Treaties and international agreements relating 
to air quality( b). 
In accordance with section 87(7)( c) of the 1995 Act, the  Secretary  of State  has consulted  the 
Environment  Agency( d), such bodies or persons  appearing  to the Secretary  of State  to be 
representative  of the interests  of local  government  and of industry  as the Secretary  of State  
 
(a) 1995 c. 25 (“the 1995 Act”); subsection (1) was amended by S.I. 2011/1043.  
(b) In particular Directive 2016/2284/EU of the Euro pean Parliament and the Council relating to national emission ceilings for 
certain atmospheric pollutants (OJ No L 344, 17.12.2016, p 1) and the United Nations Economic Commission for Europe 
1979 Convention on Long -Range Transboundary Air Pollution and its  1999 Protocol to Abate Acidification, Eutrophication 
and Ground -level Ozone, which was revised in 2012.  
(c) As amended by S.I. 2013/755.  
(d) The Environment Agency was established by section 1 of the 1995 Act.   
 3 considers  appropriate,  and such other  bodies  or persons  as the Secretary  of State  considers  
appropriate.  
A draft of this instrument  has been  approved  by a resolution  of each House  of Parliament  pursuant  
to section  87(8)  of the 1995  Act. 
 
PART 1 
Introduction  
Citation,  commencement and application  
1.—(1) These  Regulation s may be cited as the Air Quality (Domestic Solid Fuels Standards) 
(England) Regulations 20 20. 
(2) These Regulations come into force — 
(a) for the purposes of making appointments under regulation 5 or 11 (approved bodies), on 
the day after the day on which they are  made;  
(b) for all other purposes, on [***] February 2021.  
(3) These Regulations apply in relation to England only.  
Interpretation  
2.—(1) In these Regulations — 
 “domestic premises” means premises which are used wholly or mainly as a private dwell ing, 
including boats designed or adapted for use solely as a place of permanent habitation;  
“relevant solid fuel” means — 
(a) a relevant unit of wood within the meaning of Part 2;  
(b) a relevant amount of wood within the meaning of Part 3;  
(c) a manufactured solid fuel  within the meaning of Part 4;  
(d) bituminous coal within the meaning of Part 5.  
(2) In these Regulations —  
(a) a person supplies a relevant solid fuel if the person supplies such a fuel by way of sale 
from or by means of — 
(i) any retail premises, whether movable or immov able;  
(ii) a retail website or similar online sales facility;  
(iii) a telephone service; or  
(iv) any other place or method of sale,  
and for these purposes the supply is to be taken to have occurred at the point of sale, or if 
later, on the dispatch of the fuel;  
(b) a person w ho supplies a relevant solid fuel is a supplier.  
  
 4 PART 2  
Supply of wood in units less than two cubic metres  
Interpretation: Part 2  
3. In this Part — 
“approved wood certification body” means a person appointed by the Secretary of State under 
regulation 5;  
 “prohibited level” , in respect of a relevant unit of wood , means a moisture content of more 
than 20% ; 
“relevant unit of wood” means wood  that is supplied —  
(a) for the purposes of  combustion  in domestic premises in England;   
(b) in a unit , whether comprising one piec e of wood or more,  the volume of which is less 
than two cubic metres.  
Prohibition on the supply of a relevant unit of wood  
4.—(1) A person must not supply a relevant unit of wood if the wood is not authorised wood.  
(2) A person must not suppl y a relevant unit of wood if, after the issue of a certificate under 
regulation 5(5) in relation to the wood, there is reason to believe that the moisture content of the 
wood exceeds the prohibited level.  
(3) A person must not supply a relevant unit of wood th at is not accompanied, whether on its 
packaging or otherwise, with — 
(a) the relevant information; and  
(b) the logo shown in Schedule 1.  
(4) A person who contravenes any of the prohibitions in paragraphs (1) to (3) commits an 
offence and is liable on summary conviction  to a fine.  
(5) In this regulation — 
“authorised wood” means wood  in respect of which a certificate has been issued by  an 
approved wood certification body in accordance with regulation  5(5); 
“relevant information” means — 
(a) the name of the person who obtained the certificate from the approved wood certification 
body in respect of the relevant unit of wood in question;  and 
(b) the number of the certificate issued by the approved wood certification body under 
regulation 5(5).  
Appointment and functions of an approved wood  certification body  
5.—(1) The Secretary of State must appoint at least one person to be an approved wood 
certification body  for the purposes of this Part.  
(2) A person who intends to supply a relevant unit of wood must, where that person is the first 
person in the chain of supply in respect of such wood, apply to an approved wood certification 
body for a certificate under this regulation.  
(3) The application must be accompanied by a sample of the wood.  
(4) On an application under this regulation the approved wood certification body must test the 
sample in accordance with the standard in paragraph (8).   
(5) If the result of the test under paragraph (4) determines that the wood has  a moisture  content 
of less than the prohibited level, the approved wood cert ification body must issue a certificate 
recording this to the applicant.  
(6) A person to whom a certificate is issued under paragraph (5) —  
 5 (a) may use the logo shown in Schedule 1  when supplying a relevant unit of wood to which 
the sample relates;  
(b) must use best e ndeavours to ensure that when supplying a relevant unit of word to which 
the sample submitted under paragraph (3) relates, that the wood to be supplied has the 
same characteristics as the sample.  
(7) A person who fails to comply with paragraph (6)(b) commits a n offence and is liable on 
summary convictions to a fine.  
(8) The standard( a) is either —  
(a) ISO 18134 -1; or  
(b) ISO 18134 -2,  
as refer red to  in the firewood fuel specification BS EN ISO 17225 -5. 
Exemption for small foresters  
6.—(1) In its applicat ion to a supplier who is a small forester, regulation 4 has effect only after 
the end of 12 months beginning with [***] February 2021.  
(2) A person is a small forester for the purposes of this regulation if, during the period of one 
year ending with [***] Febr uary 2021 the person supplied less than 600 cubic metres of wood.  
(3) In this regulation, “supplied” is to be construed in accordance with regulation 2(2).  
PART 3  
Supply of wood in units of two cubic metres or more  
Interpretation: Part 3  
7. In this Part, “releva nt amount of wood” means  an amount of wood  to be supplied —  
(a) for the purposes of combustion in domestic premises in England;   
(b) in a unit, whether comprising one piece of wood or more , the volume of which is two 
cubic metres or more . 
Prohibition on the supply  of a relevant amount of wood without a notice  
8.—(1) A person must not supply a relevant amount  of wood unless the  wood is accompanied 
by a notice comprising the words specified in Schedule 2.   
(2) A person who contravenes the prohibition in  paragraph (1) commits an offence and is liable 
on summary conviction to a fine.  
PART 4  
Supply of manufactured solid fuels  
Interpretation: Part 4  
9.—(1) In this Part —  
“approved manufactured solid fuel certification body” means a person a uthorised by the 
Secretary of State under regulation 11(1) ; 
 
(a) The standards are available for purchase from https://www.iso.org/home.html , or https://shop.bsigroup.com  (as the case 
may be) and are available for inspection the offices of the Department for Environment, Food and Rural Affairs, 2 Marsham 
Street, London SW1P 4DF.   
 6 “authorised fuel” means a manufactured solid fuel in relation to which a certificate has been 
issued in accordance with regulation 11(6);  
“exempt fuel” means any of the following — 
(a) coffee logs;  
(b) olive logs;  
(c) wine logs; or  
(d) fuels where the majority of the fuel comprises — 
(i) wheat husks;  
(ii) straw;  
(iii) miscanthus;  
(iv) bamboo; or  
(v) compressed food waste;  
“manufactured solid fuel” means a fuel  manufactured from coal, wood, plant -derived 
materials , waxes or petroleum produc ts with other ingredients , for the purposes of combustion 
in domestic premises in England , but does not include an exempt fuel;  
“relevant information” means — 
(a) the name of the person who obtained the certificate from the approved manufactured solid 
fuel cert ification body in respect of the manufactured solid fuel in question;  
(b) the number of the certificate provided by the  approved manufactured solid fuel 
certification body  under regulation 11.  
Prohibition on the supply of certain manufactured solid fuels  
10.—(1) A person must not supply a manufactured solid fuel that is not an authorised fuel.  
(2) A person must not supply a manufactured solid fuel that is not listed on the list maintained 
by the Secretary of State under regulation 12.  
(3) A person must  not supply a manufactured solid fuel that is not accompanied, whether on its 
packaging or otherwise, with — 
(a) the relevant information; and  
(b) the logo shown in Schedule 1.  
(4) A person who contravenes any of the prohibition s in paragraph s (1) to (3)  commits an 
offence and is liable on summary conviction to a fine.  
Appointment and functions of an approved manufacture d solid fuel certification body  
11.—(1) The Secretary of State must appoint a t least one  person to be an approved 
manufactured solid fu el certification body  for the purposes of this Part.  
(2) A manufacturer  of a manufactured solid fuel who intends  to supply such a fuel in England 
must apply to an approved manufactured solid fuel certification body for a ce rtificate under this 
regulation . 
(3) The application must be accompanied by results from a person (“the analyst”) who has 
purported to determine whether the fuel in question does not have th e prohibited  characteristics.    
(4) On an application under this regulation the approved manufactured solid fu el certification 
body must determine whether the analyst m et the standards in paragraph (7 ) when conducting the 
determination under paragraph ( 3).  
(5) If the approved manufactured solid fuel certification body  considers that the analyst  meets 
the standards in  paragraph ( 7), the body must issue a certificate recording this  to the manufacturer . 
(6) A manufacturer  issued with a certificate under paragraph ( 5) may use the logo shown in 
Schedule 1  when supplying a manufactured solid fuel.   
 7 (7) The standards( a) are— 
(a) in respe ct of sulphur content, either —  
(i) BS1016 – 106.5: 1996 ; or  
(ii) ISO 157:1996 ; and  
(b) in respect of smoke emissions, BS3841 . 
(8) Where immediately before [***] February 2021 a fuel is listed on the list maintained by the 
Secretary of State for the purposes of Part 3 of the Clean Air Act 1993 (b), that fuel is to be treated 
as if it were an authorised fuel for the purposes of this Part, only for so long as it remains on that 
list, and a manufacturer  supplying such a fuel is entitled to use the logo shown in Schedule 1 when  
supplying it for as long as it remains on that list.  
(9) In this regulation, “prohibited characteristics” in respect of a manufactured solid fuel 
means — 
(a) a sulphur content of 2% or more calculated on an ash -free dry basis; and  
(b) the emission of smoke at a rate o f five grams or more an hour.  
List of manufactured solid fuels specified by the Secretary of State  
12.—(1) The Secretary of State must  publish and maintain a list of authorised  fuels  for the 
purposes of this Part.  
(2) The list must be publishe d in such manner as the Secretary of State considers appropriate.  
PART 5  
Coal   
Interpretation: Part 5  
13. In this Part — 
“bituminous coal” means coal falling within CN Code 2701 12 (c) placed on the market for  the 
purposes of combustion in domestic premises ; 
“exempt coal” means any bituminous coal extracted in accordance with th e Dean Forest 
(Mines) Act 1838( d) or the Dean Forest Act 1861( e); 
“loose coal” means bituminous coal supplied for the purposes of combustion in domestic 
premises sold otherwise than in a securely closed container;  
“pre-packed” means packaged in a securely closed container intended for supply . 
Prohibition on the supply of bituminous coal  
14.—(1) A person must not supply bituminous coal that is pre -packed, unless the coal is  exempt 
coal.  
(2) A person must not supply loose coal directly to a consumer, unless the coal is exempt coal.  
 
(a) The standards are available for purchase from https://www.iso.org/home.html, or https://shop.bsigroup.com (as the case 
may be) and are available for inspection at the offices of the Department for Environment, Food and Rural Affairs, 2 
Marsham Street, London SW1P 4DF  
(b) 1993 c 11; section 20(5ZA) to (5ZC) was inserted by section 15(2) of the Deregulation Act 2015 (c. 20).  
(c) Information relating to Combined Nomenclature (CN) is available at 
https://ec.europa.eu/taxation_customs/business/calculation -customs -duties/what -is-common -customs -tariff/combined -
nomenclature_en  as that information applies on the day that these Regulations come into force, and is also available for 
inspection from the offices of the Department for Environment, Food and Rural Affairs, 2 Marsham Street, London SW1P 
4DF.  
(d) 1838 c. 43 (1 and 2 Vict ). 
(e) 1861 c. 40  (24 and 25 Vict ).  
 8 (3) A person guilty of an offence under paragraph (1)  or (2)  is liable on summary conviction to a 
fine. 
Transitional provision  
15. Nothing in this Part appli es for the 24 month period beginning with [***] February 2021 in 
respect of the supply of loose coal directly to a consumer by a person who on that day, is a 
member of the Approved Coal Merchant Scheme( a). 
PART 6  
Enforcement  
Enforcement body  
16.—(1) These Regulations are to be enforced by the relevant local authority.  
(2) In this Part “the relevant local authority” is — 
(a) in the case of a relevant solid fuel supplied at a place in England where such a fuel is 
sold, for the purpose of enabling the goods to be taken away, the local authority with 
responsibility for the area in which the fuel is sold;  
(b) in the case of a relevant solid fuel dispatched from a place in England, in the course of the 
delivery of such a fuel to a person in England, the local authority with responsibility for 
the area from which the fuel is dispatched;  
(c) in the case of a relevant solid fuel dispatched from a place outside England, in the course 
of the delivery of such a fuel to a person in England, the local authority with 
respon sibility for the area for to which the fuel is to be delivered.  
(3) In this regulation — 
“local authority” means —  
(a) the Common Council for the City of London;  
(b) a  London Borough Council;  
(c) the Council of the Isles of Scilly;  
(d) a county council;  
(e) a district council for  an area in which there is no county council.  
(4) A local authority may appoint an officer to discharge its enforcement functions under these 
Regulations.  
Powers of enforcement  
17.—(1) An officer of a  relevant  local authority may, for the pur poses of enforcing these 
Regulations — 
(a) enter a supplier’s premises  at any reasonable time;  
(b) inspect a supplier ’s goods;  
(c) make test purchases of a supplier ’s goods;  
(d) require a supplier  to produce documents or to provide information;  
(e) question a supplier  or offic ers or employees of a s upplier . 
 
(a) Details of the Approved Coal Merchant Scheme may be obtained from the Approved Coal Merchant Scheme, 95 High 
Street, Clay Cross, Derbyshire, S45 9DZ and are available for inspection from the offices o f the Department for 
Environment, Food and Rural Affairs, 2 Marsham Street, London SW1P 4DF.   
 9 (2) An officer of a relevant local authority may only exercise the powers in paragraph (1)(d) or 
(e) if they reasonably believe that an offence under these Regulations has been committed.  
(3) An officer of a  relevant local authority  officer seeking to exercise a power under paragraph 
(1) must produce evidence of their identity and authority if requested by a person who is, or 
appears to be — 
(a) the supplier , or an o fficer or employee of the supplier ; 
(b) the owner or occupier of any premises  in which the officer  seeks to exercise the power 
concerned.  
(4) Any person who intentionally  obstructs  an officer of a relevant local authority in the exercise 
of a power under this regulation  is guilty of an offence and liable  on summary conviction to a fine . 
(5) Nothing in paragraph (1) compels —   
(a) any disclosure of information which is prohibited by or under the data protection 
legislation, but where that prohibition arises because the information is in a form which 
allows for the identification of an individual , the person authorised by the local authority 
may require that information to be put in a form which does not allow for the 
identification of that individual;  
(b) the supplying or production of a document which, in England and Wales, the person 
would be entit led to withhold production of an order for discovery in an action in the 
County Court or the High Court on the grounds of legal professional privilege . 
(6) In this regulation —  
(a) “the data protection legislation” has the same meaning as in the Data Protection Ac t 
2018 (a) (see section 3 of that Act);  
(b) “premises” means premises other than those used wholly or mainly as a private dwelling.  
Fixed penalties  
18.—(1) An officer of a relevant local authority  who has reason to believe that a person has 
committed an offence under these Regulations  may issue that person a penalty notice in respect of 
the offence.  
(2) A penalty notice is a notice offering a person the opportunity to discharge any liability to 
conviction for the offence to which the notice relates by paying a penalty in accordance with this 
Part. 
Contents of a penalty notice  
19.—(1) A penalty notice must — 
(a) state the alleged offence; and  
(b) give such particulars of the circumstances alleged to constitute it as are necessary for 
giving re asonable information about it.  
(2) A penalty notice must also state — 
(a) the name and address of the relevant local authority on whose behalf the officer of the 
authority was acting when the notice was given;  
(b) the amount of the penalty and the period for its paymen t; 
(c) the consequences of not paying the penalty before the end of the period mentioned in 
paragraph (b);  
(d) the relevant local authority to whom, and the address at which, payment may be made;  
(e) by what method payment may be made;  
 
(a) 2018 c. 12.   
 10 (f) the person to whom and the addre ss at which any representations relating to the notice 
may be made.  
(3) The person mentioned in sub -paragraphs (2)(d) and (f) must be the relevant local authority.  
(4) A penalty notice must also — 
(a) inform the person to whom it is issued of that person’s right to be tried for the alleged 
offence; and  
(b) explain how that right may be exercised.  
Amount of penalty and period for payment  
20.—(1) The penalty is £300 in respect of the offence in respect of which the penalty notice was 
issued.  
(2) The period for pa yment of the penalty is the period of 28 days beginning with the day on 
which the notice is issued.  
(3)  An unpaid fixed penalty may be enforced by a local authority as a fine, a civil debt or as if it 
were a sum pay able under a county court order.  
Effect of n otice and payment  
21.—(1) Proceedings for the offence in res pect of which a penalty notice is  given may not be 
brought before the end of the period for payment of the penalty  mentioned in regulation 20(2) . 
(2) Paragraph (1) does not apply if t he person to whom the notice is given asks in accordance 
with regulation 22 to be tried for the alleged offence.  
(3) If the penalty is paid in accordance with the penalty notice before the end of the period 
mentioned in regulation 20(2) , no proceedings for the  offence may be brought, and regulation 22  
does not apply.  
(4) If proceedings have been brought pursua nt to a request under regulation  22, but then the 
penalty is paid as mentioned in paragraph 20(1) , those proceedings may not be continued.  
Trial  
22.—(1) If the person to whom a penalty notice has been given asks to be tried for the alleged 
offence , or fails to pay a penalty before the end of the period for payment mentioned in regulation 
19(2) , proceed ings may be brought against that person.  
(2) Any request to be tried must be made — 
(a) by notice given to the relevant local authority before the end of the period for payment of 
the penalty;  
(b) in the manner specified in the penalty notice.  
Withdrawal of notices  
23.—(1) This regulation appli es if a relevant local authority considers that a penalty notice 
which an authorised officer acting on its behalf has given to a person (“P”) ought not to have been 
given.  
(2) The relevant local authority may give a notice to P withdrawing the penalty notice.  
(3) If it does so — 
(a) it must repay any amount which has been paid by way of penalty in pursuance of the 
penalty notice; and  
(b) no proceedings may be brought or continued against P for the offence in question.   
 11 Recovery by local authority of the reasonable costs of e nforcing these Regulations  
24. A local authority may recover the expenses reasonably incurred by it in enforcing these 
Regulations from a person in respect of whom it has taken any action under these Regulations.  
PART 7  
Review  
Review  
25.—(1) The Secretary of State must from time to time —  
(a) carry out a review of the regulatory provision contained in these Regulations; and  
(b) publish a report setting out the conclusions of the review.  
(2) The first report must be published before the end of the period o f five years beginning with 
the day after the day on which they are made.  
(3) Subsequent reports must be published at intervals not exceeding five years.  
(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 (a) requires that a 
report publish ed under this regulation must, in particular —  
(a) set out the objectives intended to be achieved by the regulatory provision referred to in 
paragraph (1)(a);  
(b) assess the extent to whic h those objectives are achieved;  
(c) assess whether those objectives remain app ropriate ; and 
(d) if those objectives remain appropriate, assess the extent to which they could be achieved 
in another way which involves less onerous regulatory provision.  
(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32  of the 
Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).  
 
 Name  
Address  Parliamentary Under Secretary of State  
Date Department for Environment and Rural Affairs  
 SCHEDULE 1  Regulations 4, 5, 10, 11  
Form of logo  
[Logo to be i nserted]  
 SCHEDULE 2  Regulation 8  
Form of words in respect of wood sold in volumes of two cubic metres or 
more  
This wood is not suitable for burning until it has been dried.   You should not burn wood until it 
has a moisture content of 20% or less.  
Wet wood  contains moisture which creates smoke and harmful particulates when burnt.   As well 
as being harmful to your health and the environment, this can damage your stove and chimney  and 
 
(a) 2015 c. 26. Section 30(3) was amended by section 19 of the Enterpri se Act 2016 (c. 12).   
 12 is an inefficient way to heat your home . Dry it in a sunny, well -aired spac e for at least two years , 
keeping rain off in the winter.  
Radial cracks and bark that comes off easily suggests wood that it ready for burning.   Test the 
wood when you think it is ready for burning, ideally with a moisture meter.   First calibrate the 
meter  and then measure a freshly split surface to get the best reading . 
 
EXPLANATORY NOTE  
(This note is not part of the Regulations)  
These Regulations are made under section 87 of the Environment Act 1995 (c. 25). They make 
provision restricting the sale of cer tain 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 th e day after they are made, and for all other 
purposes on [***] February 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, nothing in Part 2 of the Regulations applies to a 
forester who is a small supplier of wood 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 ac companying 
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 manufacture d solid fuel certification body . It also deems a f uel 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 su pply 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 [***] February 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 Emplo yment Act 2015  (c. 26).  
 
A full impact assessment of the effect that this in strument 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.