Notice is hereby given that Liverpool City Council (the Council), in the exercise of its powers under Part III of the Clean Air Act 1993 (the Act), as amended: -

(a) on 17th February 2025, made an Order entitled "Liverpool City Council Smoke Control (Revocation) Order 2025" (the Revocation Order); and

(b) propose to make an order entitled “Liverpool City Council Smoke Control Order 2025” (the Proposed Order) declaring that the whole of the administrative area of the Council shall be a smoke control area for the purposes of the Act, subject to consideration by the Council of any objections which are not withdrawn.

The effect of the Revocation Order is to revoke all existing smoke control orders made prior to 13th November 1980 in operation in the administrative area of the Council, subject to confirmation by the Secretary of State.

If confirmed, it will revoke all such smoke control orders for those parts of the Council’s administrative area previously declared smoke control areas, including those orders set out in Schedule 1 below. If the Revocation Order is confirmed, with or without modification, it will not come into operation any earlier than six months from the date of confirmation by the Secretary of State.

The Proposed Order if made would declare the whole of the administrative area of the Council to be a smoke control area. It will also revoke all smoke control orders made by the council after 12th November 1980 for those parts of the Council’s administrative area previously declared smoke control areas including those as set out in Schedule 2 below. The effect of this would be that if, on any day after the Proposed Order comes into operation: -

1. smoke is emitted from a chimney of any building within the administrative area of the Council, the occupier of that building is liable for a civil financial penalty currently of between £175 and £300, subject to any objection on the grounds specified by Schedule 1A to the Act.

2. any person who: -

a. acquires any controlled solid fuel for use in a building or fireplace, other than an approved fireplace at the time of acquisition;

b. offers controlled solid fuel for sale by retail where the fuel is to be taken away by the purchaser and fails to take reasonable steps to notify potential purchasers that it is an offence to acquire controlled solid fuel for any of the uses in 2.a. above; or

c. sells any controlled solid fuel by retail for delivery to a building covered by the Proposed Order

will be guilty of a criminal offence and liable on summary conviction to level 3 fine on the standard scale (£1,000) for the offences under 2.a., or an unlimited fine for the offences in 2.b. and c., subject to the statutory defence set out in Section 19B(6) of the Act in the case of a 2.c. offence. For clarity, moored vessels have not been included within the scope of the Proposed Order and therefore if the Proposed Order is made it will not apply to moored vessels.

(Note: An “approved fireplace” means a fireplace of a type specified in a list published by the Secretary of State, “controlled solid fuel” means any solid fuel other than an approved fuel, and “approved fuel” means a solid fuel specified in a list published by the Secretary of State.)

If the Proposed Order is made, it will come into operation on the date specified in the order being not less than six months after it is made, or such later date as the Council may specify.

Copies of the Revocation Order and the Proposed Order may be inspected free of charge at Environmental Protection, Liverpool City Council, Cunard Building, Water Street, Liverpool, L3 1AH at all reasonable times during the period of 8 weeks from 20th February 2025. Alternatively, either may be viewed on the Council’s Website: http://www.liverpool.gov.uk/smokefreeconsultation

Within that period any person who will be affected by the Revocation Order or the Proposed Order may object by notice in writing as follows:

1. Objections to the confirmation of the Revocation Order must be sent to the Secretary of State at: -

Air Quality and Industrial Emissions, Defra, Seacole Building,

2 Marsham Street, London SW1P 4DF Or by e-mail to: Air.Quality@defra.gov.uk 2. Objections to the making of the Proposed Order must be sent to the Council at: -

Planning & Regulatory Team Legal Services Liverpool City Council Cunard Building Water Street Liverpool L3 1AH

Or by e-mail to: roger.mann@liverpool.gov.uk

Dated 20th February 2025

Iolanda Puzio, Director of City Law & Governance, Liverpool City Council

The City of Liverpool (No.1) Smoke Control Order 1957

The City of Liverpool (No.2) Smoke Control Order 1958

The City of Liverpool (No.3) Smoke Control Order 1958

The City of Liverpool (No.4) Smoke Control Order 1958

The City of Liverpool (No.5) Smoke Control Order 1958

The City of Liverpool (No.6) Smoke Control Order 1958

The City of Liverpool (No.7) Smoke Control Order 1958

The City of Liverpool (No.8) Smoke Control Order 1959

The City of Liverpool (No.9) Smoke Control Order 1959

The City of Liverpool (No.10) Smoke Control Order 1960

The City of Liverpool (No.11) Smoke Control Order 1960

The City of Liverpool (No.12) Smoke Control Order 1960

The City of Liverpool (No.14) Smoke Control Order 1962

The City of Liverpool (No.15) Smoke Control Order 1962

The City of Liverpool (No.16) Smoke Control Order 1963

The City of Liverpool (No.17) Smoke Control Order 1964

The City of Liverpool (No.18) Smoke Control Order 1964

The City of Liverpool (No.19) Smoke Control Order 1966

The City of Liverpool (No.20) Smoke Control Order1966

The City of Liverpool (No.21) Smoke Control Order 1966

The City of Liverpool (No.22) Smoke Control Order 1966

The City of Liverpool (No.23) Smoke Control Order 1966

The City of Liverpool (No.24) Smoke Control Order 1966

The City of Liverpool (No.25) Smoke Control Order 1966

The City of Liverpool (No.26) Smoke Control Order 1967

The City of Liverpool (No.27) Smoke Control Order 1967

The City of Liverpool (No.28) Smoke Control Order 1975

The City of Liverpool (No.29) Smoke Control Order 1978

The City of Liverpool (No.30) Smoke Control Order 1978

The City of Liverpool (No.31) Smoke Control Order 1979

The City of Liverpool (No.32) Smoke Control Order 1979

The City of Liverpool (No.33) Smoke Control Order 1979

The City of Liverpool (No.34) Smoke Control Order 1980

The City of Liverpool (No.35) Smoke Control Order 1980

The City of Liverpool (No.36) Smoke Control Order 1981

The City of Liverpool (No.37) Smoke Control Order 1982

The City of Liverpool (No.38) Smoke Control Order 1983

The City of Liverpool (No.39) Smoke Control Order 1983 The City of Liverpool (No.40) Smoke Control Order 1987