Clean Air Act 1956

Sections 11, 31.

FIRST SCHEDULE Confirmation and coming into operation of orders of local authorities under section eleven

1 In this Schedule "order" means an order made by a local authority under section eleven of this Act.

2 After making an 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 relates a notice—

(a) stating that the order has been made 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 therein 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 the said period any person who will be affected by the order may by notice in writing to the Minister object to the confirmation of the order.

3 Besides publishing such a notice as aforesaid, the local authority who have made an order shall post, and keep posted throughout the said period, copies of the notice in such number of conspicuous places within the area to which the order relates as appear to them necessary for the purpose of bringing the making of the order to the notice of persons affected.

4 If no objection is duly made to the Minister within the said period, or if every objection so made is withdrawn, the Minister may, if he thinks fit, confirm the order either with or without modifications, and in any other case he shall before confirming the order cause a local inquiry to be held and consider any objection not withdrawn and the report of the person holding the inquiry and may then confirm the order either with or without modifications.

5 Subsections (2) to (5) of section two hundred and ninety of the Local Government Act, 1933 (which relate to the summoning of witnesses and the production of documents before, and the costs incurred at, local inquiries held under that section), shall apply to an inquiry held under this Schedule by the Minister of Housing and Local Government as they apply to inquiries held under that section.

6 An order when confirmed shall come into operation on such date as may be specified therein, not being a date earlier than six months from the date of the confirmation:

Provided that if, before the date on which the order is to come into operation, the local authority—

(a) pass a resolution postponing the coming into operation thereof; 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 relates,

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

7 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.