Environment Act 1995 (c. 25)

Part IV E+W+S Air Quality

Modifications etc. (not altering text)

C1 Pt. IV (ss. 80-91) amended (3.7.2000) by 1999 c. 29, s. 364 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

C2 Pt. 4 applied (E.W.) (1.2.2005) by Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), arts. 1, 8(2)(a)

91 Interpretation of Part IV. E+W+S

(1) In this Part—

• [F1 “action plan” is to be construed—

  (a)

  in relation to England, in accordance with section 83A;

  (b)

  otherwise, in accordance with section 84(2);]

• “air quality objectives” means objectives prescribed by virtue of section 87(2)(b) above;

• [F2 “air quality partner” has the meaning given by section 85A(1);]

• “air quality review” means a review under section 82 or 85 above;

• “air quality standards” means standards prescribed by virtue of section 87(2)(a) above;

• [F3 “the appropriate agency” means—

  (a)

  in relation to England, the Agency;

  (b)

  in relation to Wales, the Natural Resources Body for Wales;

  (c)

  in relation to Scotland, SEPA;]

• “designated area” has the meaning given by section 83(1) above;

• “local authority”, in relation to England and Wales, means—

  (a)

  any unitary authority,

  (b)

  any district council, so far as it is not a unitary authority,

  (c)

  the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively,

  and, in relation to Scotland, means a council for an area constituted under section 2 of the M1 Local Government etc. (Scotland) Act 1994;

• [F2 “neighbouring authority”, in relation to a local authority (“the principal authority”), means another local authority whose area is contiguous with the area of the principal authority;]

• “new Agency” means the Agency or SEPA;

• “prescribed” means prescribed, or of a description prescribed, by or under regulations;

• “regulations” means regulations made by the Secretary of State;

• “the relevant period”, in the case of any provision of this Part, means such period as may be prescribed for the purposes of that provision;

• [F2 “relevant public authority” has the meaning given by section 81A(2);]

• [F4 “relevant Welsh public authority” has the meaning given by section 81B(2);]

• “the strategy” has the meaning given by section 80(1) above;

• “unitary authority” means—

  (a)

  the council of a county, so far as it is the council of an area for which there are no district councils;

  (b)

  the council of any district comprised in an area for which there is no county council;

  (c)

  the council of a London borough;

  (d)

  the council of a county borough in Wales.

(2) Any reference in this Part to it appearing that any air quality standards or objectives are not likely within the relevant period to be achieved includes a reference to it appearing that those standards or objectives are likely within that period not to be achieved.

Textual Amendments

F1 Words in s. 91(1) substituted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 13(a) (with s. 144); S.I. 2022/48, reg. 4(c)

F2 Words in s. 91(1) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 13(b) (with s. 144); S.I. 2022/48, reg. 4(c)

F3 Words in s. 91(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 380 (with Sch. 7)

F4 Words in s. 91(1) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 14(4), 30(2)(d)

Marginal Citations

M1 1994 c. 39.