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The Air Quality Limit Values Regulations 2003

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Programmes and measures to address ozone levels

12.  (1)  The Secretary of State shall draw up three lists of zones, namely zones in which—

(a)levels of ozone in ambient air, as assessed in accordance with regulations 7 and 9, are higher than target values;

(b)levels of ozone in ambient air, as assessed in accordance with regulations 7 and 9, are higher than the long-term objectives, but equal to or below the target levels;

(c)ozone levels meet the long-term objectives.

(2) The Secretary of State shall draw up and implement for each zone listed under paragraph (1)(a) a plan or programme for attaining the target values from the date specified in Part II of Schedule 2.

(3) The obligation in paragraph (2) will not apply if the Secretary of State considers that attaining the target values would not be achievable through proportionate measures.

(4) The Secretary of State shall, in drawing up and implementing plans or programmes under paragraph (2) ensure that, where appropriate, these are integrated with plans drawn up under regulation 10.

(5) Plans or programmes drawn up under paragraph (2) shall contain at least the information specified in Schedule 9, and shall be made available to the public.

(6) The Secretary of State shall prepare and implement for each zone listed under paragraph (1)(b) measures which she considers to be cost-effective with the aim of achieving the long-term objectives.

(7) The Secretary of State shall ensure that the measures described in paragraph (6) are, at least, consistent with the plans or programmes drawn up under paragraph (2).

(8) The Secretary of State shall, for zones to which paragraph (1)(c) applies—

(a)as far as factors including the transboundary nature of ozone pollution and meteorological conditions permit, ensure that ozone levels are kept below long-term objectives; and

(b)preserve through proportionate measures the best ambient air quality which she considers to be compatible with sustainable development and a high level of protection for the environment and human health.

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