PART 1

AIR QUALITY
CHAPTER 1

NATIONAL TARGETS

Target-setting process
3
1
Before making regulations under section 1 or 2, the Welsh Ministers must—
a
seek advice from persons they consider to be independent and to have relevant expertise, and
b
have regard to scientific knowledge on air pollution.
2
Before making regulations under section 1 or 2 which set or amend a target in respect of a particular pollutant, the Welsh Ministers must have regard to any guidelines for that pollutant published by the World Health Organisation in its most recent global air quality guidelines.
3
Before making regulations under section 1 or 2 which set or amend a target, the Welsh Ministers must be satisfied that the target or amended target can be met.
4
The Welsh Ministers may not make regulations under section 1 or 2 which revoke or lower a target (the “existing target”) unless they are satisfied that—
a
meeting the existing target would have no significant benefit compared with not meeting it or with meeting a lower target, or
b
because of changes in circumstances since the existing target was set or last amended, the environmental, social, economic or other costs of meeting it would be disproportionate to the benefits.
5
Before making regulations under section 1 or 2 which revoke or lower a target, the Welsh Ministers must lay before Senedd Cymru, and publish, a statement explaining why the Welsh Ministers are satisfied as mentioned in subsection (4).
6
Regulations lower a target if, to any extent, they—
a
replace the specified standard with a lower standard, or
b
replace the specified date with a later date.
7
Regulations under section 1 may not revoke the air quality target that has been set to comply with subsection (2) of that section (but may amend it in accordance with this section).
8
Regulations under section 2 may not revoke a PM2.5 air quality target (but may amend it in accordance with this section).
9
For the purposes of this Chapter, a target is met if the specified standard is achieved by the specified date.
10
The Welsh Ministers must lay a draft of a statutory instrument containing the regulations required by section 1(2) before Senedd Cymru before the end of the period of 6 years beginning with the date on which this Act receives Royal Assent.
11
The Welsh Ministers must lay a draft of a statutory instrument containing regulations setting a PM2.5 air quality target before Senedd Cymru before the end of the period of 3 years beginning with the date on which this Act receives Royal Assent.
S. 3 in force at 14.4.2024, see s. 30(2)(a)