Local Government, Planning and Land Act 1980

5The following Schedule shall be substituted for Schedule 1 (smoke control orders) except in relation—

(a)to order made but not confirmed before the passing of this Act; and

(b)to order made after the passing of this Act which revoke or vary orders made before its passing:—

SCHEDULE 1E+W+S Coming Into Operation of Orders of Local Authorities Under Section Eleven

1Before making an order under section 11 of this Act 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 will relate a notice—

(a)stating that the local authority propose to make the order, 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 in it 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 local authority object to the making of the order.

2Besides publishing such a notice, the local authority 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 will relate as appeat to them to be necessary for the purpose of bringing the proposal to make the order to the notice of persons who will be affected.

3If an objection is duly made to the local authority within the said period, and is not withdrawn, the local authority shall not make the order without first considering the objection.

4Subject to paragraphs 5 and 6 below, an order shall come into operation on such date not less than six months after it is made as may be specified in it.

5An order varying a previous order so as to exempt specified buildings or classes of building or specified fireplaces or classes of fireplace from the operation of section 11 of this Act may come into operation on, or at any time after, the date on which it is made.

6If, before the date on which the order is to come into operation, the local authority—

(a)pass a resolution postponing its coming into operation; and

(b)publish a notice stating the effect of the resolution in the London Gazette and once at lease in each of two successive weeks in the s ome newspaper circulating in the area to which the orderr will relate,

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

7In the applcation of this Schedule to Scotland, for any reference to the London Gazette there shall be substituted a reference to the Edinburgh Gazette..