Notice is hereby given that on 3rd February 2012 the London Borough of Wandsworth (“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 Legislation: Clean Air Act 1993 (“the Act”).

Subject to confirmation by the Secretary of State, the Order will come into operation on 1st November 2012 (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 the Schedule to this Notice.

1.2 The Order will cover the whole of the area within the boundary of the London Borough of Wandsworth. 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 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;

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 were consolidated and listed in the Legislation: Smoke Control Areas (Authorised Fuels) (England) Regulations 2008 (SI 514), as amended by SI 2008/2342, SI 2009/2191, SI 2010/576, SI 2011/715 and SI 2011/2105. The fireplaces currently exempted are contained within a number of smoke control orders from 1970 onwards. The most recent order at the time of writing being The Smoke Control Areas (Exempted Fireplaces) (England) (No.2) Order 2011 (SI 2106). These exempted fireplaces are added to from time to time by orders made by the Secretary of State under section 21 of the Act. Details of all exempted fireplaces are available from: http://smokecontrol.defra.gov.uk/appliances.php?country=e
• 4 Up to and including 10th April 2012 a copy of the Order may be freely viewed from Monday to Friday, 9am to 5pm at the Council offices at: Environment and Community Services reception, 5th Floor, Town Hall Extension, Wandsworth High Street, London, SW18 2PU . A copy will also be available to view on the Council’s internet website, www.wandsworth.gov.uk.
• 5 Any person who may be affected by this Order may by 10th April 2012 object to its confirmation by giving notice in writing to:

Secretary of State for the Environment, Food and Rural Affairs

DEFRA

Nobel House

17 Smith Square

London, SW1P 3JR

Paul Martin

Chief Executive and Director of Administration

Town Hall

Wandsworth

SW18 2PU

16th February 2012

SCHEDULE TO THE NOTICE

List of Smoke Control Orders to be revoked

Legislation: The Metropolitan Borough of Wandsworth (No. 1) Smoke Control Order 1958

The Metropolitan Borough of Wandsworth (No. 2) Smoke Control Order 1959

Legislation: The Metropolitan Borough of Wandsworth (No. 3) Smoke Control Order 1960

The Metropolitan Borough of Wandsworth (No. 4) Smoke Control Order 1961

Legislation: The Metropolitan Borough of Wandsworth (No. 5) Smoke Control Order 1962

The Metropolitan Borough of Wandsworth (No. 6) Smoke Control Order 1964

Legislation: The Metropolitan Borough of Wandsworth (No. 7) Smoke Control Order 1965

The Metropolitan Borough of Battersea (No. 1) Smoke Control Order 1958

Legislation: The Metropolitan Borough of Battersea (No. 2) Smoke Control Order 1960

The Metropolitan Borough of Battersea (No. 3) Smoke Control Order 1962

Legislation: The Metropolitan Borough of Battersea (No. 3) (Variation) Smoke Control Order 1963

The Metropolitan Borough of Battersea (No. 4) Smoke Control Order 1964

Legislation: The London Borough of Wandsworth (No. 1) Smoke Control Order 1966

The London Borough of Wandsworth (No. 2) Smoke Control Order 1967

Legislation: The London Borough of Wandsworth (No. 3) Smoke Control Order 1967

The London Borough of Wandsworth (No. 4) Smoke Control Order 1970

Legislation: The London Borough of Wandsworth (No. 5) Smoke Control Order 1971

The London Borough of Wandsworth (No. 6) Smoke Control Order 1972

Legislation: The London Borough of Wandsworth (No. 7) Smoke Control Order 1977

The Legislation: London Borough of Wandsworth Smoke Control (Variation) Order 1978

Legislation: The London Borough of Wandsworth (No. 2) Smoke Control (Variation) Order 1978