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

Schedule 1

Part 1

109.This part makes various amendments to Schedule 1A to the 1993 Act to allow for the civil sanctions regime contained in that Schedule to apply in relation to Wales.

Part 2

110.This part omits provisions in Schedule 2 to the 1993 Act that require local authorities, in certain circumstances, to reimburse owners or occupiers of old private dwellings for expenditure incurred to avoid a contravention of section 20 of that Act.

Part 3

111.This Part makes other amendments to the 1993 Act in consequence of the provision made by Parts 1 and 2 of this Schedule, and by sections 19 and 20 of this Act.

112.It also makes amendments to Schedules 1 and 5 to the 1993 Act in relation to the publication of notices about smoke control orders by local authorities on their websites.

Vehicle emissions

Section 22 – Trunk road charging schemes

113.Section 22 of the Act amends section 167 of the Transport Act 2000 (3)(c. 38) (referred to as “the 2000 Act” in these Explanatory Notes), which sets out the circumstances in which the Welsh Ministers may make trunk road charging schemes.

114.Section 22(2)(a) amends section 167(2) of the 2000 Act so that it applies only to a charging scheme made by the Secretary of State, and no longer applies to a charging scheme made by the Welsh Ministers.

115.Section 22(2)(b) inserts new subsections (3) and (4) into section 167 of the 2000 Act. These subsections apply to trunk road charging schemes made by the Welsh Ministers.

116.Subsection (3) sets out the circumstances in which the Welsh Ministers may make a trunk road charging scheme. The circumstances set out in subsection (3)(a) and (c) are similar to the circumstances in which the Welsh Ministers were already able to make such charging schemes. However, subsection (3)(b) adds a new set of circumstances in which the Welsh Ministers may make a trunk road charging scheme: the Welsh Ministers may now make a scheme if the purpose of the scheme is to reduce or limit air pollution in the vicinity of that road. The new subsection (4) provides that subsection (3)(b) does not prevent a scheme being made under subsection (3)(c) for the purpose of reducing or limiting air pollution.

Section 23 – Further provision relating to trunk road charging schemes

117.This section introduces Schedule 2 to the Act, which makes provision for and in connection with the application of the net proceeds of trunk road charging schemes made for the purposes of reducing or limiting air pollution.

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Functions conferred on the National Assembly for Wales under the Transport Act 2000 (c. 38) were transferred to the Welsh Ministers by virtue of section 162 of and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32)Back [1]

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Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of Senedd Cymru.

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