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Environment Act 1995
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- 1995 c. 25
- Part IV
- Section 86
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Changes and effects
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- Act amendment to earlier affecting provision SI 1999/672 Sch. 1 by 2003 c. 37 s. 100(5)-(7)
- Act modified by S.I. 2006/1379 reg. 18
- Act power to amend conferred by 2010 c. 29 s. 28
- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 11A(1) text amended by 2006 c. 16 s. 62 Sch. 12
- s. 16A 16B inserted by 2003 c. 37 s. 67
- s. 16A(6) repealed by S.I. 2007/1388 Sch. 1 para. 46
- s. 18A inserted by 2003 c. 37 s. 66(2)
- s. 41A inserted by S.I. 2005/925 Sch. 6 para. 1(2)
- s. 41A heading words substituted by S.I. 2011/2911 Sch. para. 23(a)
- s. 41A(1) words omitted by S.I. 2011/2911 Sch. para. 23(b)
- s. 41A(2)(a) words inserted by S.I. 2011/2911 Sch. para. 23(c)
- s. 41A(5) words inserted by S.I. 2011/2911 Sch. para. 23(d)
- s. 41A(6)(a) words inserted by S.I. 2011/2911 Sch. para. 23(e)
- s. 41A(7) substituted by S.I. 2011/2911 Sch. para. 23(f)
Commencement Orders yet to be applied to the Environment Act 1995:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2006/934 art. 2 commences (1995 c. 25)
- S.S.I. 2003/206 art. 2 commences (1995 c. 25)
- S.S.I. 2004/541 art. 2 commences (1995 c. 25)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/272 art. 2 commences (2000 c. 37)
- S.I. 2003/2938 art. 2-7 commences (2003 c. 26)
- S.I. 2003/3034 art. 2 commences (2003 c. 26)
- S.I. 2004/641 art. 2-5 commences (2003 c. 37)
- S.I. 2004/690 art. 2-4 commences (2003 c. 38)
- S.I. 2004/910 art. 2 commences (2003 c. 37)
- S.I. 2004/999 art. 2 commences (2003 c. 38)
- S.I. 2004/2097 art. 2 commences (2004 c. 5)
- S.I. 2004/2202 art. 2 3 commences (2004 c. 5)
- S.I. 2004/2528 art. 2-3 commences (2003 c. 37)
- S.I. 2004/2916 art. 2 commences (2003 c. 37)
- S.I. 2005/2847 art. 2 commences (2004 c. 5)
- S.I. 2005/2896 art. 2 3 commences (2005 c. 16)
- S.I. 2006/768 art. 2-4 commences (2005 c. 16)
- S.I. 2006/984 art. 2 commences (2003 c. 37)
- S.I. 2006/2541 art. 2 commences (2006 c. 16)
- S.I. 2006/3257 art. 2 commences (2000 c. 37)
- S.I. 2007/456 art. 2 3 commences (2006 c. 26)
- S.I. 2007/816 art. 2 3 commences (2006 c. 16)
- S.I. 2007/1021 art. 2 commences (2003 c. 37)
- S.I. 2007/2386 art. 2 3 commences (2006 c. 26)
- S.I. 2007/2584 art. 2 commences (2006 c. 26)
- S.I. 2007/3136 art. 2 commences (2007 c. 28)
- S.I. 2008/172 art. 2-9 commences (2007 c. 28)
- S.I. 2008/917 art. 2-5 commences (2007 c. 28)
- S.I. 2008/1960 art. 2 commences (2006 c. 26)
- S.I. 2009/3250 art. 2 commences (2007 c. 29)
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2009/3345 art. 2 commences (2009 c. 23)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2010/630 art. 3 commences (2009 c. 23)
- S.I. 2010/2169 art. 3-5 commences (2010 c. 29)
- S.I. 2011/556 art. 1-3 commences (2009 c. 23)
- S.I. 2011/694 art. 3 4 commences (2010 c. 29)
- S.I. 2011/2204 art. 3 4 commences (2010 c. 29)
- S.I. 2011/2460 art. 2 commences (2006 c. 26)
- S.I. 2011/2896 art. 2 commences (2011 c. 20)
- S.S.I. 2004/495 art. 2 commences (2004 asp 6)
- S.S.I. 2009/319 art. 2 Sch. 1 commences (2008 asp 5)
- S.S.I. 2009/341 art. 2 commences (2009 asp 12)
- S.S.I. 2009/393 art. 2 Sch. commences (2009 asp 6)
- S.S.I. 2010/221 art. 3 commences (2010 asp 8)
86 Functions of county councils for areas for which there are district councils.E+W+S
(1)This section applies in any case where a district in England for which there is a district council is comprised in an area for which there is a county council; and in this paragraph—
(a)any reference to the county council is a reference to the council of that area; and
(b)any reference to a district council is a reference to the council of a district comprised in that area.
(2)The county council may make recommendations to a district council with respect to the carrying out of—
(a)any particular air quality review,
(b)any particular assessment under section 82 or 84 above, or
(c)the preparation of any particular action plan or revision of an action plan,
and the district council shall take into account any such recommendations.
(3)Where a district council is preparing an action plan, the county council shall, within the relevant period, submit to the district council proposals for the exercise (so far as relating to the designated area) by the county council, in pursuit of the achievement of air quality standards and objectives, of any powers exercisable by the county council.
(4)Where the county council submits proposals to a district council in pursuance of subsection (3) above, it shall also submit a statement of the time or times by or within which it proposes to implement each of the proposals.
(5)An action plan shall include a statement of—
(a)any proposals submitted pursuant to subsection (3) above; and
(b)any time or times set out in the statement submitted pursuant to subsection (4) above.
(6)If it appears to the Secretary of State—
(a)that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the area of a district council,
(b)that the county council has failed to discharge any duty imposed on it under or by virtue of this Part,
(c)that the actions, or proposed actions, of the county council in purported compliance with the provisions of this Part are inappropriate in all the circumstances of the case, or
(d)that developments in science or technology, or material changes in circumstances, have rendered inappropriate the actions or proposed actions of the county council in pursuance of this Part,
the Secretary of State may give directions to the county council requiring it to take such steps as may be specified in the directions.
(7)Without prejudice to the generality of subsection (6) above, directions under that subsection may, in particular, require the county council—
(a)to submit, in accordance with the directions, proposals pursuant to subsection (3) above or a statement pursuant to subsection (4) above;
(b)to modify, in accordance with the directions, any proposals or statement submitted by the county council pursuant to subsection (3) or (4) above;
(c)to submit any proposals or statement so modified to the district council in question pursuant to subsection (3) or (4) above; or
(d)to implement, in accordance with the directions, any measures included in an action plan.
(8)The Secretary of State shall also have power to give directions to county councils for areas for which there are district councils requiring them to take such steps specified in the directions as he considers appropriate for the implementation of—
(a)any obligations of the United Kingdom under the Community Treaties, or
(b)any international agreement to which the United Kingdom is for the time being a party,
so far as relating to the quality of air.
(9)Any direction given under this section shall be published in such manner as the Secretary of State considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by them; and—
(a)copies of the direction shall be made available to the public; and
(b)notice of the giving of the direction, and of where a copy of the direction may be obtained, shall be given in the London Gazette.
(10)It is the duty of a county council for an area for which there are district councils to comply with any direction given to it under or by virtue of this Part.
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