Environment (Air Quality and Soundscapes) (Wales) Act 2024

(introduced by section 21)

SCHEDULE 1 SMOKE CONTROL

PART 1 FURTHER PROVISION IN RELATION TO FINANCIAL PENALTIES

1 The Clean Air Act 1993 (c. 11) is amended as follows.

2 In the heading of Schedule 1A, after “IN ENGLAND” insert “OR WALES”.

3 In paragraph 1 of Schedule 1A (key definitions)—

(a) after the definition of “person liable” insert—

• ““relevant national authority” means—

  (a)

  in relation to a smoke control order in England, the Secretary of State;

  (b)

  in relation to a smoke control order in Wales, the Welsh Ministers;”

(b) in paragraphs (a) and (b) of the definition of “relevant chimney”, after “in England” insert “or in Wales”.

4 In paragraph 3 of Schedule 1A (amount of penalty)—

(a) in sub-paragraph (3), for “Secretary of State” substitute “relevant national authority”;

(b) in sub-paragraph (4), after “may not be made” insert “by the Secretary of State”;

(c) after sub-paragraph (4) insert—

“(5) Regulations under sub-paragraph (3) may not be made by the Welsh Ministers unless a draft of the regulations has been laid before, and approved by a resolution of, Senedd Cymru.”

5 In paragraph 4 of Schedule 1A (right to object to proposed financial penalty)—

(a) in sub-paragraph (4), for “Secretary of State” substitute “the relevant national authority”;

(b) in sub-paragraph (5), at both places it occurs, for “Secretary of State” substitute “the relevant national authority”;

(c) in sub-paragraph (6), after “may not be made” insert “by the Secretary of State”;

(d) after sub-paragraph (6) insert—

“(7) Regulations under sub-paragraph (4) may not be made by the Welsh Ministers unless a draft of the regulations has been laid before, and approved by resolution of, Senedd Cymru.”

6 In paragraph 5 of Schedule 1A (decision regarding a final notice), in the opening words of sub-paragraph (1), omit “in England”.

7 In paragraph 6 of Schedule 1A (final notice), in sub-paragraph (1), omit “in England”.

PART 2 EXPENDITURE ON OLD PRIVATE DWELLINGS

8 The Clean Air Act 1993 (c. 11) is amended as follows.

9 In Schedule 2 (smoke control orders: expenditure on old private dwellings)—

(a) omit paragraphs 1, 2 and 3;

(b) in paragraph 4(1), omit paragraphs (a) and (b);

(c) in paragraph 4(2), omit paragraphs (a) and (b).

PART 3 MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS

Clean Air Act 1993 (c. 11)

10 The Clean Air Act 1993 is amended as follows.

11 In section 18 (declaration of smoke control area by local authority)—

(a) in subsection (2)(b), for the words from “section 20” to “in England)” substitute “Schedule 1A (penalty for emission of smoke in England or in Wales)”;

(b) in subsection (2A), after “England” insert “or in Wales (as the case may be)”.

12 Sections 20 to 23 (including the italic headings above sections 20 and 23) are repealed.

13 In section 24 (power of local authority to require adaptation of fireplaces in private dwellings), in subsection (1), for the words from “contraventions” to the end substitute “the imposition of a financial penalty under Schedule 1A (penalty for emission of smoke in England or Wales)”.

14 In section 26 (power of local authority to make grants towards adaptations to fireplaces in certain buildings), in subsection (1), for the words from “contraventions” to “England)” substitute “the imposition of a financial penalty under Schedule 1A (penalty for emission of smoke in England or Wales)”.

15 In section 27 (references to adaptations for avoiding contraventions of section 20 or Schedule 1A)—

(a) in the heading, omit “section 20 or”;

(b) in subsection (1)—

(i) in the opening words, for the words from “contraventions” to “England)” substitute “the imposition of a financial penalty under Schedule 1A (penalty for emission of smoke in England or Wales)”;

(ii) in the words after paragraph (e), omit “contraventions of section 20 or”;

(c) in subsection (3), omit “contraventions of section 20 of this Act or”.

16 In section 29 (interpretation of Part 3)—‍

(a) omit the definition of “authorised fuel”;

(b) after the definition of “smoke control order in England” insert—

• ““smoke control order in Wales” means a smoke control order made by a local authority in Wales.”

17 In section 45 (exemption for purposes of investigations and research)—

(a) in subsection (1)(a), omit “, 20 (smoke in smoke control area)”;

(b) in subsection (1)(e), for “section 23” substitute “section 19F”.

18 In section 51 (duty to notify occupiers of offences)—

(a) in subsection (1)(a), for “, 2 or 20” substitute “or 2”;

(b) in subsection (3), for “, 2 or 20” substitute “or 2”.

19 In section 61 (joint exercise of local authority functions), in subsection (3)(b) for “, Schedule 1 and paragraph 1 of Schedule 2” substitute “and Schedule 1”.

20 In section 63 (regulations and orders)—

(a) in subsection (2), after “made under this Act” insert “by the Secretary of State”;

(b) after subsection (2) insert—

“(2A) Any statutory instrument containing regulations made under this Act by the Welsh Ministers, except an instrument containing regulations a draft of which is required by section 6(3), 10(5) or 47(2) or paragraph 3(5) or 4(7) of Schedule 1A to be approved by a resolution of Senedd Cymru, is subject to annulment in pursuance of a resolution of Senedd Cymru.”

(c) in subsection (3), omit “, 21 or 22”.

21 In Schedule 1 (coming into operation of smoke control orders)—

(a) after paragraph 1 insert—

“1A If the local authority is in Wales, it must also publish the notice electronically and keep it published throughout the period mentioned in paragraph 1(b).

(1B The requirement in paragraph 1A to publish the notice electronically is a requirement to publish the notice on the local authority’s website, if it has one.”

(b) in paragraph 5, for the words from “section 20” to “in England)” substitute “Schedule 1A (penalty for emission of smoke in England or Wales)”;

(c) after paragraph 6A insert—

“6B When a local authority in Wales has made an order, the authority must—

(a) inform the Welsh Ministers that it has done so, and

(b) provide the date on which the order is to come, or came, into operation.”

22 In Schedule 5 (transitional provisions)—

(a) after paragraph 12 insert—

“12A If the local authority is in Wales, it must also publish the notice electronically and keep it published throughout the period mentioned in paragraph 12(b)

“12B The requirement in paragraph 12A to publish the notice electronically is a requirement to publish the notice on the local authority’s website, if it has one.”

(b) in paragraph 13, after “paragraph 12” insert ”and (if relevant) paragraph 12A”.

Environment Act 2021 (c. 30)

23 In the Environment Act 2021—

(a) in section 147(4) (commencement powers of Welsh Ministers), omit paragraph (f);

(b) Part 2 of Schedule 12 (principal amendments to the Clean Air Act 1993: Wales) is repealed.

(introduced by section 23)

SCHEDULE 2 TRUNK ROAD CHARGING SCHEMES: APPLICATION OF PROCEEDS

1 The Transport Act 2000 (c. 38) is amended as follows.

2 In paragraph 2(4) of Schedule 12 (financial provision about road user charging), after “section 167(2)(b)” insert “or (3)(c)”.

3 In paragraph 3(2) of that Schedule, in the opening words, after “section 167(2)(b)” insert “or (3)(c)”.

4 In the cross-heading before paragraph 13 of that Schedule, omit “and Assembly”.

5 In paragraph 13 of that Schedule—

(a) in sub-paragraph (1), for “relevant authority’s” substitute “Secretary of State’s”;

(b) in sub-paragraph (4), for “appropriate national authority” substitute “Secretary of State”;

(c) in sub-paragraph (5)—

(i) for “relevant authority’s” substitute “Secretary of State’s”;

(ii) for “appropriate national authority” substitute “Secretary of State”.

6 After paragraph 13 of that Schedule insert—

“Application of proceeds by Welsh Ministers

14 (1) In the case of a trunk road charging scheme—

(a) which is made by virtue of subsection (3) of section 167, and

(b) which is made wholly or partly for the purpose of reducing or limiting air pollution,

the Welsh Ministers must publish a statement and lay it before Senedd Cymru as soon as reasonably practicable after the scheme is made.

(2) The statement must—

(a) state that the scheme is made wholly or partly for the purpose of limiting or reducing air pollution;

(b) provide an estimate of the net proceeds of the scheme for at least the first five financial years in which the scheme will be in operation;

(c) specify how the Welsh Ministers propose to apply their share of those net proceeds, and

(d) provide an assessment of the expected effect of those proposals on air quality (if any).

15 (1) In the case of a trunk road charging scheme—

(a) which is made by virtue of subsection (3) of section 167, and

(b) which is not made (either wholly or partly) for the purpose of reducing or limiting air pollution,

the Welsh Ministers’ share of the net proceeds of the scheme is available only for application for the purpose of directly or indirectly facilitating the achievement of any policies or proposals relating to transport.

(2) Where the scheme is made by virtue of paragraph (a) of subsection (3) of section 167, sub-paragraph (1) applies only during the period of ten years beginning with the coming into force of the scheme.

(3) The Welsh Ministers may by regulations make provision as to circumstances in which—

(a) the same scheme is to be regarded as continuing in force in spite of a variation of the scheme or the revocation and replacement (with or without modifications) of the scheme, or

(b) a different scheme is, or is not, to be regarded as coming into force,

for the purposes of determining when the period specified in sub-paragraph (2) begins or expires in the case of a scheme.

(4) Where sub-paragraph (1) no longer applies to a scheme made by virtue of paragraph (a) of subsection (3) of section 167, the Welsh Ministers’ share of the net proceeds of the scheme is available to be applied only as may be specified in, or determined in accordance with, regulations made by the Welsh Ministers.

(5) The provision that may be made by regulations under sub-paragraph (4) includes provision for sub-paragraph (2) to apply with the substitution for the number of years for the time being mentioned in it of a number of years greater than ten.”

7 In section 197 (Part 3: regulations and orders)—

(a) in subsection (6), for “National Assembly for Wales” substitute “Welsh Ministers”;

(b) after subsection (6) insert—

“(7) Regulations shall not be made by the Welsh Ministers under—

(a) section 182(5), or

(b) paragraph 15(4) of Schedule 12,

unless a draft of the regulations has been laid before, and approved by a resolution of, Senedd Cymru.

(8) A statutory instrument containing regulations made by the Welsh Ministers under any other provision of this Part shall be subject to annulment in pursuance of a resolution of Senedd Cymru.

(9) The references in subsections (7) and (8) to regulations made by the Welsh Ministers include regulations made by them jointly with the Secretary of State.”