Clean Air Act 1993

Section 18(4).

SCHEDULE 1 E+W+S Coming into Operation of Smoke Control Orders

1 E+W+S Before making a smoke control order the local authority shall publish in the London Gazette and once at least in each of two successive weeks in some newspaper circulating in the area to which the order will relate a notice—

(a) stating that the local authority propose to make the order, and its general effect;

(b) specifying a place in the district of the local authority where a copy of the order and of any map or plan referred to in it may be inspected by any person free of charge at all reasonable times during a period of not less than six weeks from the date of the last publication of the notice; and

(c) stating that within that period any person who will be affected by the order may by notice in writing to the local authority object to the making of the order.

[F1 1A. E+W If the local authority is in Wales, it must also publish the notice electronically and keep it published throughout the period mentioned in paragraph 1(b).

Textual Amendments

F1 Sch. 1 paras. 1A, 1B inserted (E.W.) (31.7.2025) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(3), Sch. 1 para. 21(a); S.I. 2025/937, art. 2(g)

1B E+W The requirement in paragraph 1A to publish the notice electronically is a requirement to publish the notice on the local authority’s website, if it has one.]

Textual Amendments

F1 Sch. 1 paras. 1A, 1B inserted (E.W.) (31.7.2025) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(3), Sch. 1 para. 21(a); S.I. 2025/937, art. 2(g)

2 E+W+S Besides publishing such a notice, the local authority shall post, and keep posted throughout the period mentioned in paragraph 1(b), copies of the notice in such number of conspicuous places within the area to which the order will relate as appear to them necessary for the purpose of bringing the proposal to make the order to the notice of persons who will be affected.

3 E+W+S If an objection is duly made to the local authority within the period mentioned in paragraph 1(b), and is not withdrawn, the local authority shall not make the order without first considering the objection.

4 E+W+S Subject to paragraphs 5 and 6, an order shall come into operation on such date not less than six months after it is made as may be specified in it.

5 E+W+S An order varying a previous order so as to exempt specified buildings or classes of building or specified fireplaces or classes of fireplace from the operation of [F2 Schedule 1A (penalty for emission of smoke in England or Wales)] may come into operation on, or at any time after, the date on which it is made.

Textual Amendments

F2 Words in Sch. 1 para. 5 substituted (E.W.) (31.7.2025) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(3), Sch. 1 para. 21(b); S.I. 2025/937, art. 2(g)

6 E+W+S If, before the date on which the order is to come into operation, the local authority—

(a) pass a resolution postponing its coming into operation; and

(b) publish a notice stating the effect of the resolution in the London Gazette and once at least in each of two successive weeks in some newspaper circulating in the area to which the order will relate,

the order shall, unless its coming into operation is again postponed under this paragraph, come into operation on the date specified in the resolution.

[F3 6A E+W+S When a local authority in England has made an order, the authority must—

(a) inform the Secretary of State that it has done so, and

(b) provide the date on which the order is to come, or came, into operation.]

Textual Amendments

F3 Sch. 1 para. 6A inserted (E.W.) (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 12 para. 24(3) (with s. 144, Sch. 12 para. 26); S.I. 2022/48, reg. 4(d)

[F4 6B. E+W+S When a local authority in Wales has made an order, the authority must—

(a) inform the Welsh Ministers that it has done so, and

(b) provide the date on which the order is to come, or came, into operation.]

Textual Amendments

F4 Sch. 1 para. 6B inserted (E.W.) (31.7.2025) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(3), Sch. 1 para. 21(c); S.I. 2025/937, art. 2(g)

7 E+W+S In the application of this Schedule to Scotland, for any reference to the London Gazette there shall be substituted a reference to the Edinburgh Gazette.