Clean Air

Clean Air Act 19932023-11-172023-12-062024-06-01TSO (The Stationery Office), customer.services@thegazette.co.uk450576664250

THE LONDON BOROUGH OF HILLINGDON

SMOKE CONTROL ORDER 2023

Notice is hereby given that on 17th November 2023 the London Borough of Hillingdon (“the Council”) made 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”)

Subject to confirmation by the Secretary of State, the Order will come into operation on the 1st June 2024 (being 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 2 to this Notice

1.2 The Order will cover the whole of the area within the boundary of the London Borough of Hillingdon. The Order consolidates all earlier orders into a single Order and takes into account the borough 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 or moored vessel 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 they prove that the emission of smoke was caused by the use of an authorised fuel or by the use of an exempted fireplace / stove 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 or moored vessel otherwise than in a building or moored vessel containing a fireplace / stove exempted from the operation of the provisions prohibiting smoke emissions in a smoke control area;

(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 them or on their behalf to a building, moored vessel or premises in which there is any fixed boiler or industrial plant; will be guilty of an offence and liable to a fine, unless they can prove that the defences given in section 23 of the Act apply