1. Notice is hereby given that the Borough Council of Sandwell (“the Council”) of Oldbury Council House, Freeth Street, Oldbury, B69 3DB has made the above-mentioned Order (“the Order”) in the exercise of its powers under Section 18 and Schedule 1 of the Clean Air Act 1993 (“the Act”) to revoke previous Smoke Control Orders as listed in Schedule 2, in so far as they apply to the Borough of Sandwell and to declare its whole area to be a Smoke Control Area.

2. The Order entitled the ‘Borough Council of Sandwell Smoke Control Order 2022’ shall come into operation on a date not less than six months after it is confirmed by the Secretary of State.

3. The area covered by the Order is the whole of the Borough of Sandwell.

4. The Order will take effect if it is confirmed by the Secretary of State.

5. If, on any day after the Order comes into operation, smoke is emitted from a chimney of any building or vessel moored within the Borough of Sandwell, the occupier of that building or moored vessel will be guilty of an offence and liable to a fine.

6. If, on any day after the Order comes into operation, any person acquires for use in a fireplace/stove other than an approved appliance, or sells by retail, unauthorised fuel within the area covered by the Order, they will be guilty of an offence and liable to a fine, unless, in the case of an offence consisting of the sale of unauthorised fuel for delivery, they prove they believed and had reasonable grounds for believing that the fuel was acquired for use in an exempt appliance.

7. The offences referred to in paragraph 6 carry a fine on summary conviction up to level 3 on the standard scale (currently £1000).

8. The Order will revoke all the of the Smoke Control Orders listed in Schedule 2 in so far as they apply to the area of the Borough of Sandwell and replace them with one Smoke Control Order covering the whole area of the Borough.

9. Copies of the Order and accompanying map may be inspected free of charge during normal office hours from 27 February 2023 to 11 April 2023 at the One Stop Shop, Oldbury Council House, Freeth Street, Oldbury, B69 3DB between the hours 9am to 5pm Monday to Friday and at the following libraries:

The Order and accompanying map is also available to view on the Council’s website: www.sandwell.gov.uk/SmokeControlArea

10. Within this period, (27 February 2023 and 11 April 2023) any person who will be affected by the Order may object to the making of the Order by 11 April 2023 by giving notice in writing either by email or post to: Air.Quality@defra.gov.uk

Or to the following address:

Air Quality and Industrial Emissions

Defra

Seacole Building

2 Marsham Street

London

SW1P 4DF

All objections should be clearly headed ‘Objection to the revision of Smoke Control Orders in Sandwell’.

SCHEDULE TO THE NOTICE

List of Smoke Control Orders revoked

The Smethwick No. 1 Smoke Control Order, 1958

Smethwick No. 2 Smoke Control Order, 1959

Smethwick No. 3 Smoke Control Order, 1960

Smethwick No. 4 Smoke Control Order, 1961

Smethwick No. 5 Smoke Control Order, 1962

Smethwick No. 6 Smoke Control Order, 1963

Smethwick No. 7 Smoke Control Order, 1965

Oldbury No. 1 (Brandhall) Smoke Control Order, 1961

The Oldbury No. 2 (Cakemore) Smoke Control Order, 1962

Tipton No. 1 Smoke Control Order, 1963

Warley No. 1 Smoke Control Order, 1968

Warley No. 2 Smoke Control Order, 1968

Warley No. 3 Smoke Control Order, 1968

Warley No. 4 Smoke Control Order, 1968

Warley No. 5 Smoke Control Order, 1968

Warley No. 6 Smoke Control Order, 1968

Warley No. 7 Smoke Control Order, 1968

Warley No. 8 Smoke Control Order, 1968

Warley No. 9 Smoke Control Order, 1969

Warley No. 10 Smoke Control Order, 1972

Warley No. 11 Smoke Control Order, 1973

The Borough of Wednesbury No. 1 Smoke Control Order, 1961

The Borough of Wednesbury No. 2 Smoke Control Order, 1962

The County Borough of West Bromwich Smoke Control Order No. 1, 1957

The County Borough of West Bromwich Smoke Control Order No. 2, 1958

The County Borough of West Bromwich Smoke Control Order No. 3, 1958

The County Borough of West Bromwich Smoke Control Order No. 4, 1959

The County Borough of West Bromwich Smoke Control Order No. 5, 1959

The County Borough of West Bromwich Smoke Control Order No. 6, 1959

The County Borough of West Bromwich Smoke Control Order No. 7, 1961

The County Borough of West Bromwich Smoke Control Order No. 8, 1962

The County Borough of West Bromwich Smoke Control Order No. 9, 1961

The County Borough of West Bromwich Smoke Control Order No. 10, 1962

The County Borough of West Bromwich Smoke Control Order No. 11, 1962

The County Borough of West Bromwich Smoke Control Order No. 12, 1963

The County Borough of West Bromwich Smoke Control Order No. 13, 1963

The County Borough of West Bromwich Smoke Control Order No. 14, 1964

The County Borough of West Bromwich Smoke Control Order No. 15, 1965

The County Borough of West Bromwich Smoke Control Order No. 16, 1966

The County Borough of West Bromwich Smoke Control Order No. 17, 1967

The County Borough of West Bromwich Smoke Control Order No. 18 - 1970

The County Borough of West Bromwich No. 18 Smoke Control (Variation) Order - 1973

The County Borough of West Bromwich Smoke Control Order No. 19 - 1970

The County Borough of West Bromwich No. 19 Smoke Control (Variation) Order - 1973

The County Borough of West Bromwich Smoke Control Order No. 20 - 1972

The County Borough of West Bromwich Smoke Control Order No. 21 - 1972

The County Borough of West Bromwich Smoke Control Order No. 22 - 1972

The County Borough of West Bromwich Smoke Control Order No. 23 - 1972

The County Borough of West Bromwich Smoke Control Order No. 24 - 1972

The County Borough of West Bromwich Smoke Control Order No. 25 - 1973

The County Borough of West Bromwich Smoke Control Order No. 26 - 1973

The County Borough of West Bromwich Smoke Control Order No. 27 - 1974