Notice is hereby given that Kingston upon Hull City Council (“the Council”) propose to make the above mentioned Order (“the Order”) in exercise of its powers under section 18 of, and Part III of Schedule 5 to, the Clean Air Act 1993 (“the Act”) as amended by section 15 of the Deregulation Act 2015.

Subject to confirmation by the Secretary of State, the Order will come into operation on a date not earlier than 6 months from the date of its confirmation.

1 The general effect of the Order is set out in paragraphs 1.1 to 1.4 below.

1.1 The coming into operation of this Order will revoke all earlier Smoke Control Orders, which are listed in Schedule 1 of this Notice.

1.2 The Order will cover the whole of the area within the boundary of Kingston upon Hull City Council. The Order consolidates all earlier orders into a single Order and takes into account the boundary changes and redevelopments of local areas that have occurred in the time since the earlier Orders commenced.

1.3 If on any day after the Order comes into operation smoke is emitted from a chimney of any building within the area covered by the Order, or from a chimney not fixed to a building but serving a fixed boiler furnace or industrial plant, the occupier of that building or the person having possession of the boiler or plant will be guilty of an offence and liable to a fine, unless he proves that the emission of smoke was caused by the use of an authorised fuel or by the use of an exempted fireplace used in accordance with the associated exemption conditions.

1.4 If on any day after the Order comes into operation, and within the Council’s area, a person who –

(i) acquires any solid fuel for use in a building otherwise than in a building or fireplace exempted from the operation of the provisions prohibiting smoke emissions in smoke control areas;

(ii) acquires any solid fuel for use in any fixed boiler or industrial plant, not being a boiler or plant so exempted; or

(iii) sells by retail any solid fuel for delivery by him or on his behalf to a building or premises in which there is any fixed boiler or industrial plant; will be guilty of an offence and liable to a fine, unless he can prove that the defences given in section 23 of the Act apply.

2 The offences referred to in the preceding paragraphs carry a fine on summary conviction up to level 3 on the standard scale (currently £1000).

3 The authorised fuels for the purpose of this part of the Act at the time of making this Order under the Clean Air Act 1993 as amended by section 15 of the Deregulation Act 2015. The fireplaces currently exempted were designated under the Clean Air Act 1993 as amended by section 15 of the Deregulation Act 2015.

These exempted fireplaces are added to from time to time by orders made by the Secretary of State under the Clean Air Act 1993 as amended by section 15 of the Deregulation Act 2015.

Details of all exempted fireplaces are available from: http://smokecontrol.defra.gov.uk/appliances.php?country=e

4 For not less than six weeks from the last date of publication of the notice a copy of the draft Order may be freely viewed from Monday to Friday 09:00 to 17:00 at the Council offices at: The Guildhall, Alfred Gelder Street, Hull, HU1 2AA

A copy will also be available to view on the Council’s internet website www.hullcc.gov.uk.

5 Any person who may be affected by this Order may within six weeks of the date of the last date of publication of the notice of the Order object to its confirmation by giving notice in writing to:

Environmental Regulation Section,

Kingston upon Hull City Council

33, Witham,

Kingston upon Hull

HU9 1DB

OR

Secretary of State for the Environment,

Food and Rural Affairs

DEFRA

Nobel House

17 Smith Square

London, SW1P 3JR

Trevor Todd, Assistant City Manager (Public Protection)

(Delegated Authority - Ref. CMH&WB.2019.003)