(This note is not part of the Regulations)
Part IV of the Environment Act 1995 requires local authorities in Scotland to conduct a review of the quality of air within their area. That review has to consider the air quality for the time being and the likely future air quality within 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 relevant period for the purpose of that review (regulation 3) and sets the air quality objectives to be achieved by the end of that period (regulation 4 and the Schedule). The objectives are the same as those set out in the Air Quality Strategy for England, Scotland, Wales and Northern Ireland (SE 2000/3, January 2000), published by the Scottish Executive in accordance with section 80 of the 1995 Act. Guidance entitled “Review and Assessment: Pollutant Specific Guidance LAQM TG4” has been issued in respect of the appropriate methodology to be used by local authorities in undertaking their air quality review and assessment. The Strategy and the Guidance are available from the Scottish Executive, Air Climate & Engineering Unit (Air Quality Team), Victoria Quay, Edinburgh, EH6 6QQ.
Where any of the prescribed objectives are not likely to be achieved within any part of the area of a local authority within the relevant period, the local authority concerned requires 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 local 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).
These Regulations replace the provisions of the Air Quality Regulations 1997 in relation to Scotland, which are therefore revoked to that extent.