The Air Quality Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

Part IV of the Environment Act 1995 requires local authorities to review the quality of air within their area. The reviews have to consider the air quality for the time being and the likely future air quality during the “relevant period” (a period to be prescribed by regulations). Such reviews have to be accompanied by an assessment of whether any prescribed air quality standards or objectives are being achieved or are likely to be achieved within the relevant period.

These Regulations prescribe the period beginning with the date on which these Regulations come into force and ending on 31st December 2005 as the relevant period referred to above (regulation 3(2)) and set out the air quality objectives to be achieved by the end of that period (regulation 4 and the Schedule). Copies of ISO 7708: 1995(E) referred to in the definition of “PM₁₀” in the Schedule can be obtained from the British Standards Institution, Customer Services, 389 Chiswick High Road, London W4 4AL. The Regulations do not prescribe any air quality objectives which have to be achieved before the year 2005 or any air quality standards.

Where any of the prescribed objectives are not likely to be achieved within any part of a local authority’s area within the relevant period, the authority concerned will have to designate that part of its area as an air quality management area (section 83(1) of the 1995 Act). An action plan covering the designated area will then have to be prepared setting out how the authority intends to exercise its powers in relation to the designated area so as to achieve the prescribed objectives (section 84(2) of the 1995 Act). The Regulations prescribe the period within which a county council will have to submit proposals to a district council which is preparing an action plan within the county council’s area (regulation 3(1)). This situation will only arise in England.