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Part IVE+W+S Air Quality

Modifications etc. (not altering text)

C1Pt. IV (ss. 80-91) amended (3.7.2000) by 1999 c. 29, s. 364 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

80 National air quality strategy.E+W+S

(1)The Secretary of State shall as soon as possible prepare and publish a statement (in this Part referred to as “the strategy”) containing policies with respect to the assessment or management of the quality of air.

(2)The strategy may also contain policies for F1...—

[F2(a)securing that any [F3assimilated] obligation is met, or]

(b)[F4the implementation of] international agreements to which the United Kingdom is for the time being a party,

so far as relating to the quality of air.

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The Secretary of State—

(a)shall keep under review his policies with respect to the quality of air; and

(b)may from time to time modify the strategy.

[F6(4A)The strategy must be reviewed, and if appropriate modified—

(a)within the period of 12 months beginning with the day on which this subsection comes into force, and

(b)within each period of 5 years beginning with the day on which the person carrying out the review completed their most recent review under this subsection.]

(5)Without prejudice to the generality of what may be included in the strategy, the strategy must include statements with respect to—

(a)standards relating to the quality of air;

(b)objectives for the restriction of the levels at which particular substances are present in the air; and

(c)measures which are to be taken by local authorities and other persons for the purpose of achieving those objectives.

(6)In preparing the strategy or any modification of it, the Secretary of State shall consult—

(a)the [F7appropriate agency];

(b)such bodies or persons appearing to him to be representative of the interests of local government as he may consider appropriate;

(c)such bodies or persons appearing to him to be representative of the interests of industry as he may consider appropriate; and

(d)such other bodies or persons as he may consider appropriate.

(7)Before publishing the strategy or any modification of it, the Secretary of State—

(a)shall publish a draft of the proposed strategy or modification, together with notice of a date before which, and an address at which, representations may be made to him concerning the draft so published; and

(b)shall take into account any such representations which are duly made and not withdrawn.

[F8(8)The Welsh Ministers may by regulations amend this section for the purpose of changing the period within which they must review the strategy.]

[F9(9)Subsections (6) and (7) do not apply in relation to the Welsh Ministers.

(10)In reviewing the strategy, the Welsh Ministers must consult—

(a)the Natural Resources Body for Wales;

(b)every local authority in Wales;

(c)every Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;

(d)every National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006;

(e)every public services board (within the meaning of Part 4 of the Well-being of Future Generations (Wales) Act 2015);

(f)the Future Generations Commissioner for Wales‍;

(g)Transport for Wales; and

(h)the public.]

[F1080ADuty to report on air quality in EnglandE+W+S

As soon as reasonably practicable after the end of each financial year, beginning with the financial year in which this section comes into force, the Secretary of State must lay a statement before Parliament that sets out—

(a)the Secretary of State’s assessment of the progress made in meeting air quality objectives, and air quality standards, in relation to England, and

(b)the steps the Secretary of State has taken in that year in support of the meeting of those objectives and standards.]

81 Functions of the new Agencies.E+W+S

(1)In discharging its pollution control functions, each new Agency [F11and the Natural Resources Body for Wales] shall have regard to the strategy.

(2)In this section “pollution control functionsF12... [F13means]

(a)[F14means] in the case of the Agency [F15or the Natural Resources Body for Wales], the functions conferred on it by or under the enactments specified in section 5(5) above [F16(subject, in the case of the Body, to section 5(6) above)] ; or

(b)in the case of SEPA, [F17the functions conferred on it by or under the enactments specified in section 33(5) above] [F17has the same meaning as in section 108(15) below in relation to SEPA].

[F1881AFunctions of relevant public authorities etcE+W+S

(1)The following persons must have regard to the strategy when exercising any function of a public nature that could affect the quality of air—

(a)relevant public authorities;

(b)local authorities in England;

(c)county councils for areas in England for which there are district councils.

(2)In this Part, “relevant public authority” means a person designated in accordance with subsection (3) as a relevant public authority in relation to an area in England.

(3)The Secretary of State may by regulations designate a person as a relevant public authority in relation to an area in England if the person’s functions include functions of a public nature in relation to that area.

(4)Before making regulations under subsection (3) the Secretary of State must consult—

(a)the person that is proposed to be designated, and

(b)such other persons as the Secretary of State considers appropriate.

(5)The requirement in subsection (4) may be met by consultation carried out before this section comes into force.

(6)For the purposes of subsections (2) and (3), reference to England includes the territorial sea adjacent to England, which for this purpose does not include—

(a)any part of the territorial sea which is adjacent to Wales for the purposes of the Government of Wales Act 2006 (see section 158 of that Act), or

(b)any part of the territorial sea which is adjacent to Scotland for the purposes of the Scotland Act 1998 (see section 126 of that Act).]

[F1981BFunctions of relevant Welsh public authorities etc.W

(1)The following persons must have regard to the policies published by the Welsh Ministers in the strategy when exercising any function of a public nature that could affect the quality of air in Wales—

(a)local authorities in Wales;

(b)relevant Welsh public authorities.

(2)In this Part, “relevant Welsh public authority” means a person designated in accordance with subsection (3) as a relevant Welsh public authority.

(3)The Welsh Ministers may by regulations designate a person as a relevant Welsh public authority if (and only if) that person is a “devolved Welsh authority” within the meaning of section 157A(1)(a) of the Government of Wales Act 2006.

(4)Before making regulations under subsection (3), the Welsh Ministers must consult—

(a)the person that is proposed to be designated, and

(b)such other persons as the Welsh Ministers consider appropriate.]

Textual Amendments

82 Local authority reviews.E+W+S

(1)Every local authority shall from time to time cause a review to be conducted of the quality for the time being, and the likely future quality within the relevant period, of air within the authority’s area.

(2)Where a local authority causes a review under subsection (1) above to be conducted, it shall also cause an assessment to be made of whether air quality standards and objectives are being achieved, or are likely to be achieved within the relevant period, within the authority’s area.

(3)[F20This subsection applies to a local authority where], on an assessment under subsection (2) above, it appears that any air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the local authority’s areaF21...

[F22(4)Where subsection (3) applies to a local authority, it must identify any parts of its area in which it appears that air quality standards or objectives are not likely to be achieved within the relevant period.

(5)Where subsection (3) applies to a local authority in England, it must also—

(a)identify relevant sources of emissions that it considers are, or will be, responsible (in whole or in part) for any failure to achieve air quality standards or objectives in its area,

(b)in the case of a relevant source within the area of a neighbouring authority, identify that authority, and

(c)in the case of a relevant source within an area in relation to which a relevant public authority or the Agency has functions of a public nature, identify that person in relation to that source.

(6)For the purposes of subsection (5), a source is “relevant” if—

(a)it is within the area of the local authority,

(b)it is within the area of a neighbouring authority in England, or

(c)it is within an area in relation to which a relevant public authority or the Agency has functions of a public nature and the local authority considers that the exercise of those functions is relevant to the source of the emissions.]

Textual Amendments

Modifications etc. (not altering text)

C3S. 82 functions made exercisable concurrently (E.W.) (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 3

83 Designation of air quality management areas.E+W+S

(1)Where, as a result of an air quality review, it appears that any air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the area of a local authority, the local authority shall by order designate as an air quality management area (in this Part referred to as a “designated area”) any part of its area in which it appears that those standards or objectives are not being achieved, or are not likely to be achieved within the relevant period.

(2)An order under this section may, as a result of a subsequent air quality review,—

(a)be varied by a subsequent order; or

(b)be revoked by such an order, if it appears on that subsequent air quality review that the air quality standards and objectives are being achieved, and are likely throughout the relevant period to be achieved, within the designated area.

Modifications etc. (not altering text)

C5S. 83 functions made exercisable concurrently (E.W.) (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 4

[F2383ADuties of English local authorities in relation to designated areasE+W+S

(1)This section applies in relation to a local authority in England.

(2)A local authority must, for the purpose of securing that air quality standards and objectives are achieved in an air quality management area designated by that authority, prepare an action plan in relation to that area.

(3)An action plan is a written plan that sets out how the local authority will exercise its functions in order to secure that air quality standards and objectives are achieved in the area to which the plan relates.

(4)An action plan must also set out how the local authority will exercise its functions to secure that air quality standards and objectives are maintained after they have been achieved in the area to which the plan relates.

(5)An action plan must set out particular measures the local authority will take to secure the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates, and must in relation to each measure specify a date by which it will be carried out.

(6)A local authority may revise an action plan at any time, and must revise an action plan if it considers that there is a need for further or different measures to be taken to secure that air quality standards and objectives are achieved or maintained in the area to which the plan relates.

(7)Subsections (8) to (10) apply where a district council in an area for which there is a county council is preparing an action plan, or a revision of an action plan.

(8)Where the county council disagrees with the contents of the proposed plan, or the proposed revision of a plan, a referral of the matter may be made to the Secretary of State by—

(a)the county council;

(b)the district council preparing the plan or revision.

(9)The Secretary of State may, on a reference made under subsection (8), confirm (with or without modifications) or reject the proposed action plan, or revision of an action plan.

(10)Where a reference has been made under subsection (8), the district council may not finally determine the proposed action plan or revision of an action plan, except in accordance with the decision of the Secretary of State on the reference or in pursuance of a direction made by the Secretary of State under section 85.]

84 Duties of [F24Scottish and Welsh] local authorities in relation to designated areas.E+W+S

F25(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26(1A)This section applies in relation to a local authority in Scotland or Wales.]

(2)[F27Where an order under section 83 above comes into operation, the local authority which made the order shall] prepare, in accordance with the following provisions of this Part, a written plan (in this Part referred to as an “action plan”) for the exercise by the authority, in pursuit of the achievement of air quality standards and objectives in the designated area, of any powers exercisable by the authority.

(3)An action plan shall include a statement of the time or times by or within which the local authority in question proposes to implement each of the proposed measures comprised in the plan.

(4)A local authority may from time to time revise an action plan.

F28(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25S. 84(1) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 49(a), 61(2); S.S.I. 2014/160, art. 2(1)(2) and s. 84(1) omitted (E.W.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(q), Sch. 13 para. 7(a)

F27Words in s. 84(2) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 49(b), 61(2); S.S.I. 2014/160, art. 2(1)(2) and substituted (E.W.) (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(q), Sch. 13 para. 7(b)

Modifications etc. (not altering text)

C7S. 84 functions made exercisable concurrently (E.W.) (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 5

85 Reserve powers of the Secretary of State or SEPA.E+W+S

(1)In this section, “the appropriate authority” means—

(a)in relation to [F29local authorities in England and Wales other than local authorities in Greater London, the Secretary of State;]

[F30(aa)in relation to local authorities in Greater London, the Mayor of London; and]

(b)in relation to Scotland, SEPA acting with the approval of the Secretary of State.

(2)The appropriate authority may conduct or make, or cause to be conducted or made,—

(a)a review of the quality for the time being, and the likely future quality within the relevant period, of air within the area of any local authority;

(b)an assessment of whether air quality standards and objectives are being achieved, or are likely to be achieved within the relevant period, within the area of a local authority;

(c)an identification of any parts of the area of a local authority in which it appears that those standards or objectives are not likely to be achieved within the relevant period; or

(d)an assessment of the respects (if any) in which it appears that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the area of a local authority or within a designated area.

(3)If it appears to the appropriate authority—

(a)that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the area of a local authority,

(b)that a local authority has failed to discharge any duty imposed on it under or by virtue of this Part,

(c)that the actions, or proposed actions, of a local authority in purported compliance with the provisions of this Part are inappropriate in all the circumstances of the case, or

(d)that developments in science or technology, or material changes in circumstances, have rendered inappropriate the actions or proposed actions of a local authority in pursuance of this Part,

the appropriate authority may give directions to the local authority requiring it to take such steps as may be specified in the directions.

(4)Without prejudice to the generality of subsection (3) above, directions under that subsection may, in particular, require a local authority—

(a)to cause an air quality review to be conducted under section 82 above in accordance with the directions;

(b)to cause an air quality review under section 82 above to be conducted afresh, whether in whole or in part, or to be so conducted with such differences as may be specified or described in the directions;

(c)to make an order under section 83 above designating as an air quality management area an area specified in, or determined in accordance with, the directions;

(d)to revoke, or modify in accordance with the directions, any order under that section;

(e)to prepare in accordance with the directions an action plan for a designated area;

(f)to modify, in accordance with the directions, any action plan prepared by the authority; or

(g)to implement, in accordance with the directions, any measures in an action plan.

[F31(4A)The powers of the Mayor of London to give directions under this section to a local authority in Greater London may only be exercised after consultation with the local authority concerned.

(4B)In exercising any function under subsection (2), (3) or (4) above [F32or (5A) below] the Mayor of London shall have regard to any guidance issued by the Secretary of State to local authorities under section 88(1) below.]

(5)The Secretary of State shall also have power to give directions to local authorities [F33, other than local authorities in Greater London,] requiring them to take such steps specified in the directions as he considers appropriate F34...—

[F35(a)for securing that any [F36assimilated] obligation is met, or]

(b)[F37for the implementation of] any international agreement to which the United Kingdom is for the time being a party,

so far as relating to the quality of air.

[F38(5A)The Mayor of London shall also have the same power to give directions to local authorities in Greater London as the Secretary of State has under subsection (5) above in relation to other local authorities.]

(6)Any direction given under this section shall be published in such manner as the body or person giving it considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by them; and—

(a)copies of the direction shall be made available to the public; and

(b)notice shall be given—

(i)in the case of a direction given to a local authority in England and Wales, in the London Gazette, or

(ii)in the case of a direction given to a local authority in Scotland, in the Edinburgh Gazette,

of the giving of the direction and of where a copy of the direction may be obtained.

[F39(6A)The Mayor of London shall send a copy of any direction he gives under this section to the Secretary of State.]

(7)It is the duty of a local authority to comply with any direction given to it under or by virtue of this Part.

Textual Amendments

F29Words in s. 85(1)(a) substituted (3.7.2000) by 1999 c. 29, s. 367(1)(2)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F31S. 85(4A)(4B) inserted (3.7.2000) by 1999 c. 29, s. 367(1)(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F32Words in s. 85(4B) inserted (20.11.2001) by S.I. 2001/3719, art. 2, Sch. para. 6(1)(2)

F33Words in s. 85(5) inserted (3.7.2000) by 1999 c. 29, s. 367(1)(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F38S. 85(5A) inserted (20.11.2001) by S.I. 2001/3719, art. 2, Sch. para. 6(1)(3)

Modifications etc. (not altering text)

C12S. 85(6)(7) applied (with modifications) (E.) (11.6.2010) by The Air Quality Standards Regulations 2010 (S.I. 2010/1001), regs. 1(1), 31(2)

C14S. 85(6)(6A)(7) applied (19.7.2001) by S.I. 2001/2315, reg. 11(2)

C15S. 85(7) applied (with modifications) by S.I. 2001/2315, reg. 11(2)

[F4085ADuty of air quality partners to co-operateE+W+S

(1)For the purposes of this Part, an “air quality partner” of a local authority means a person identified by that authority in accordance with section 82(5)(b) or (c).

(2)An air quality partner of a local authority must provide the authority with such assistance in connection with the carrying out of any of the authority’s functions under this Part as the authority requests.

(3)An air quality partner may refuse a request under subsection (2) to the extent it considers the request unreasonable.

85BRole of air quality partners in relation to action plansE+W+S

(1)Where a local authority in England intends to prepare an action plan it must notify each of its air quality partners that it intends to do so.

(2)Where an air quality partner of a local authority has been given a notification under subsection (1) it must, before the end of the relevant period, provide the authority with proposals for particular measures the partner will take to contribute to the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates.

(3)An air quality partner that provides proposals under subsection (2) must—

(a)in those proposals, specify a date for each particular measure by which it will be carried out, and

(b)as far as is reasonably practicable, carry out those measures by those dates.

(4)An action plan prepared by a local authority in England must set out any proposals provided to it by its air quality partners under subsection (2) (including the dates specified by those partners by virtue of subsection (3)(a)).

(5)The Secretary of State may direct an air quality partner to make further proposals under subsection (2) by a date specified in the direction where the Secretary of State considers the proposals made by the partner under that subsection are insufficient or otherwise inappropriate.

(6)A direction under subsection (5) may make provision about the extent to which the further proposals are to supplement or replace any other proposals made under subsection (2) by the air quality partner.

(7)An air quality partner must comply with any direction given to it under this section.]

86 Functions of county councils for areas for which there are district councils.E+W+S

F41(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F42A county council for an area in England for which there are district councils may make recommendations to any of those district councils with respect to the carrying out of—]

(a)any particular air quality review,

(b)any particular assessment under section 82 [F43or 84] above, or

(c)the preparation of any particular action plan or revision of an action plan,

and the district council shall take into account any such recommendations.

[F44(2A)Where a district council of a district in England for which there is a county council intends to prepare an action plan it must notify the county council that it intends to do so.]

[F45(3)Where a county council has been given a notification by a district council under subsection (2A) it must, before the end of the relevant period, provide the district council with proposals for particular measures the county council will take to contribute to the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates.

(4)A county council that provides proposals under subsection (3) must—

(a)in those proposals, specify a date for each particular measure by which it will be carried out, and

(b)as far as is reasonably practicable, carry out those measures by those dates.

(5)An action plan prepared by a district council of a district in England for which there is a county council must set out any proposals provided to it by the county council under subsection (3) (including the dates specified by the county council by virtue of subsection (4)(a)).]

(6)If it appears to the Secretary of State—

(a)that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the area of a district council [F46of a district in England for which there is a county council],

(b)that the county council has failed to discharge any duty imposed on it under or by virtue of this Part,

(c)that the actions, or proposed actions, of the county council in purported compliance with the provisions of this Part are inappropriate in all the circumstances of the case, or

(d)that developments in science or technology, or material changes in circumstances, have rendered inappropriate the actions or proposed actions of the county council in pursuance of this Part,

the Secretary of State may give directions to the county council requiring it to take such steps as may be specified in the directions.

(7)Without prejudice to the generality of subsection (6) above, directions under that subsection may, in particular, require the county council—

(a)to submit, in accordance with the directions, proposals pursuant to subsection (3) F47... ;

(b)to modify, in accordance with the directions, any proposals F48... submitted by the county council pursuant to subsection (3) F49... ;

(c)to submit any proposals F50... so modified to the district council in question pursuant to subsection (3) F51... ; or

(d)to implement, in accordance with the directions, any measures included in an action plan.

(8)The Secretary of State shall also have power to give directions to county councils for areas for which there are district councils requiring them to take such steps specified in the directions as he considers appropriate F52...—

[F53(a)for securing that any retained EU obligation is met, or]

(b)[F54for the implementation of] any international agreement to which the United Kingdom is for the time being a party,

so far as relating to the quality of air.

(9)Any direction given under this section shall be published in such manner as the Secretary of State considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by them; and—

(a)copies of the direction shall be made available to the public; and

(b)notice of the giving of the direction, and of where a copy of the direction may be obtained, shall be given in the London Gazette.

(10)It is the duty of a county council for an area for which there are district councils to comply with any direction given to it under or by virtue of this Part.

Textual Amendments

F43Words in s. 86(2)(b) omitted (E.W.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(q), Sch. 13 para. 8(2)(a)

[F5586ARole of the Mayor of London in relation to action plans.E+W+S

(1)Where a local authority in London intends to prepare an action plan it must notify the Mayor of London (referred to in this section as “the Mayor”).

(2)Where the Mayor has been given a notification under subsection (1) by a local authority in London the Mayor must, before the end of the relevant period, provide the authority with proposals for particular measures the Mayor will take to contribute to the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates.

(3)Where the Mayor provides proposals under subsection (2), the Mayor must—

(a)in those proposals, specify a date for each particular measure by which it will be carried out, and

(b)as far as is reasonably practicable, carry out those measures by those dates.

(4)An action plan prepared by a local authority in London must set out any proposals provided to it by the Mayor under subsection (2) (including the dates specified by the Mayor by virtue of subsection (3)(a)).

Textual Amendments

F55Ss. 86A, 86B substituted for s. 86A (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 10 (with s. 144); S.I. 2022/48, reg. 4(c)

86BRole of combined authorities in relation to action plansE+W+S

(1)Where a local authority in the area of a combined authority intends to prepare an action plan it must notify the combined authority.

(2)Where a combined authority has been given a notification under subsection (1) by a local authority, the combined authority must, before the end of the relevant period, provide the local authority with proposals for particular measures the combined authority will take to contribute to the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates.

(3)Where a combined authority provides proposals under subsection (2), the combined authority must—

(a)in those proposals, specify a date for each particular measure by which it will be carried out, and

(b)as far as is reasonably practicable, carry out those measures by those dates.

(4)An action plan prepared by a local authority in the area of a combined authority must set out any proposals provided to it under subsection (2) (including the dates specified by virtue of subsection (3)(a)).

(5)In this section “combined authority” has the meaning it has in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act).]

Textual Amendments

F55Ss. 86A, 86B substituted for s. 86A (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 10 (with s. 144); S.I. 2022/48, reg. 4(c)

[F5686CRole of combined county authorities in relation to action plansE+W

(1)Where a local authority in the area of a combined county authority intends to prepare an action plan it must notify the combined county authority.

(2)Where a combined county authority has been given a notification under subsection (1) by a local authority, the combined county authority must, before the end of the relevant period, provide the local authority with proposals for particular measures the combined county authority will take to contribute to the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates.

(3)Where a combined county authority provides proposals under subsection (2), the combined county authority must—

(a)in those proposals, specify a date for each particular measure by which it will be carried out, and

(b)as far as is reasonably practicable, carry out those measures by those dates.

(4)An action plan prepared by a local authority in the area of a combined county authority must set out any proposals provided to it under subsection (2) (including the dates specified by virtue of subsection (3)(a)).

(5)In this section “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.]

Textual Amendments

87 Regulations for the purposes of Part IV.E+W+S

(1)Regulations may make provision—

(a)for, or in connection with, implementing the strategy;

(b)for, or in connection with F57...—

[F58(i)securing that any [F59assimilated] obligation is met, or]

(ii)[F60the implementation of any] international agreements to which the United Kingdom is for the time being a party,

so far as relating to the quality of air; or

(c)otherwise with respect to the assessment or management of the quality of air.

(2)Without prejudice to the generality of subsection (1) above, regulations under that subsection may make provision—

(a)prescribing standards relating to the quality of air;

(b)prescribing objectives for the restriction of the levels at which particular substances are present in the air;

(c)conferring powers or imposing duties on local authorities [F61, relevant county councils, relevant public authorities [F62, relevant Welsh public authorities] or the Agency];

(d)for or in connection with—

(i)authorising local authorities (whether by agreements or otherwise) to exercise any functions of a Minister of the Crown on his behalf;

(ii)directing that functions of a Minister of the Crown shall be exercisable concurrently with local authorities; or

(iii)transferring functions of a Minister of the Crown to local authorities;

(e)prohibiting or restricting, or for or in connection with prohibiting or restricting,—

(i)the carrying on of prescribed activities, or

(ii)the access of prescribed vehicles or mobile equipment to prescribed areas,

whether generally or in prescribed circumstances;

(f)for or in connection with the designation of air quality management areas by orders made by local authorities in such cases or circumstances not falling within section 83 above as may be prescribed;

(g)for the application, with or without modifications, of any provisions of this Part in relation to areas designated by virtue of paragraph (f) above or in relation to orders made by virtue of that paragraph;

(h)with respect to—

(i)air quality reviews;

(ii)assessments under this Part;

(iii)orders designating air quality management areas; or

(iv)action plans;

(j)prescribing measures which are to be adopted by local authorities (whether in action plans or otherwise) [F63, relevant county councils, relevant public authorities, [F64relevant Welsh public authorities,] the Agency] or other persons in pursuance of the achievement of air quality standards or objectives;

(k)for or in connection with the communication to the public of information relating to quality for the time being, or likely future quality, of the air;

(l)for or in connection with the obtaining by local authorities [F65, relevant county councils, relevant public authorities [F66, relevant Welsh public authorities] or the Agency] from any person of information which is reasonably necessary for the discharge of functions conferred or imposed on them under or by virtue of this Part;

(m)for or in connection with the recovery by a local authority [F67, a relevant county council, a relevant public authority [F68, a relevant Welsh public authority] or the Agency] from prescribed persons in prescribed circumstances, and in such manner as may be prescribed, of costs incurred by the authority [F69, council or Agency] in discharging functions conferred or imposed on the authority [F69, council or Agency] under or by virtue of this Part;

(n)for a person who contravenes, or fails to comply with, any prescribed provision of the regulations to be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or such lower level on that scale as may be prescribed in relation to the offence;

(o)for or in connection with arrangements under which a person may discharge any liability to conviction for a prescribed offence—

[F70(i)]by payment of a penalty of a prescribed amount [F71, or

(ii)by payment of a penalty of an amount that falls within a prescribed range, where the prescribed offence is a stationary idling offence prescribed by the Welsh Ministers and such a range is prescribed;]

(p)for or in connection with appeals against determinations or decisions made, notices given or served, or other things done under or by virtue of the regulations.

[F72(2A)In subsection (2) “relevant county council” means a county council for an area in England for which there are district councils.]

[F73(2B)In subsection (2)(o)(ii), “stationary idling offence means an offence under section 42 of the Road Traffic Act 1988 that consists of a contravention of, or failure to comply with, so much of regulation 98 of the Road Vehicle (Construction and Use) Regulations 1986 (stopping of engine when stationary) as relates to the prevention of exhaust emissions.]

(3)Without prejudice to the generality of paragraph (h) of subsection (2) above, the provision that may be made by virtue of that paragraph includes provision for or in connection with any of the following, that is to say—

(a)the scope or form of a review or assessment;

(b)the scope, content or form of an action plan;

(c)the time at which, period within which, or manner in which a review or assessment is to be carried out or an action plan is to be prepared;

(d)the methods to be employed—

(i)in carrying out reviews or assessments; or

(ii)in monitoring the effectiveness of action plans;

(e)the factors to be taken into account in preparing action plans;

(f)the actions which must be taken by local authorities or other persons in consequence of reviews, assessments or action plans;

(g)requirements for consultation;

(h)the treatment of representations or objections duly made;

(j)the publication of, or the making available to the public of, or of copies of,—

(i)the results, or reports of the results, of reviews or assessments; or

(ii)orders or action plans;

(k)requirements for—

(i)copies of any such reports, orders or action plans, or

(ii)prescribed information, in such form as may be prescribed, relating to reviews or assessments,

to be sent to the Secretary of State or to the [F74appropriate agency].

(4)In determining—

(a)any appeal against, or reference or review of, a decision of a local authority under or by virtue of regulations under this Part, or

(b)any application transmitted from a local authority under or by virtue of any such regulations,

the body or person making the determination shall be bound by any direction given by a Minister of the Crown or SEPA to the local authority to the same extent as the local authority.

(5)The provisions of any regulations under this Part may include—

(a)provision for anything that may be prescribed by the regulations to be determined under the regulations and for anything falling to be so determined to be determined by such persons, in accordance with such procedure and by reference to such matters, and to the opinion of such persons, as may be prescribed;

(b)different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities; and

(c)such supplemental, consequential, incidental or transitional provision (including provision amending any enactment or any instrument made under any enactment) as the Secretary of State considers appropriate.

(6)Nothing in regulations under this Part shall authorise any person other than a constable in uniform to stop a vehicle on any road.

(7)Before making any regulations under this Part, the Secretary of State shall consult—

(a)the [F75appropriate agency];

(b)such bodies or persons appearing to him to be representative of the interests of local government as he may consider appropriate;

(c)such bodies or persons appearing to him to be representative of the interests of industry as he may consider appropriate; and

(d)such other bodies or persons as he may consider appropriate.

[F76(7A)Subsection (7) does not apply in relation to the Welsh Ministers.

(7B)Before making any regulations under this Part, the Welsh Ministers must consult—

(a)the Natural Resources Body for Wales;

(b)every local authority in Wales;

(c)the Public Health Wales National Health Service Trust;

(d)every Local Health Board established under section 11 of the National Health Service (Wales) Act 2006; and

(e)the public.]

(8)Any power conferred by this Part to make regulations shall be exercisable by statutory instrument; and no statutory instrument containing regulations under this Part shall be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(9)If, apart from this subsection, the draft of an instrument containing regulations under this Part would be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.

[F77(9A)A statutory instrument containing regulations under section 80(8) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, Senedd Cymru.]

[F78(10)In subsection (5)(c) above, “enactment” includes an enactment comprised in an Act of the Scottish Parliament.]

Textual Amendments

F61Words in s. 87(2)(c) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 11(2)(a) (with s. 144); S.I. 2022/48, reg. 4(c)

F63Words in s. 87(2)(j) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 11(2)(b) (with s. 144); S.I. 2022/48, reg. 4(c)

F65Words in s. 87(2)(l) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 11(2)(c) (with s. 144); S.I. 2022/48, reg. 4(c)

F70Words in s. 87(2)(o) renumbered as s. 87(2)(o)(i) (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 24(2)(a)(i), 30(2)(g)

Modifications etc. (not altering text)

88

(1)The Secretary of State may issue guidance to local authorities with respect to, or in connection with, the exercise of any of the powers conferred, or the discharge of any of the duties imposed, on those authorities by or under this Part.

(2)A local authority, in carrying out any of its functions under or by virtue of this Part, shall have regard to any guidance issued by the Secretary of State under this Part.

(3)[F79This section] [F79Subsections (1) and (2)] shall apply in relation to county councils for areas for which there are district councils [F80, relevant public authorities and the Agency] as [F81it applies] [F81they apply] in relation to local authorities.

[F82(4)The Welsh Ministers may issue guidance to relevant Welsh public authorities with respect to, or in connection with, the exercise of any of the powers conferred, or the discharge of any of the duties imposed, on those authorities by section 81B or regulations made by the Welsh Ministers under this Part.

(5)A relevant Welsh public authority, in exercising those powers and discharging those duties, must have regard to any guidance issued under subsection (4).]

89

(1)Subject to the provisions of any order under this section, this Part, other than section 80, shall not apply in relation to the Isles of Scilly.

(2)The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Part (other than section 80) to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order.

(3)An order under this section may—

(a)make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

(b)contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.

(4)The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

90 Supplemental provisions.E+W+S

Schedule 11 to this Act shall have effect.

Commencement Information

I1S. 90 wholly in force at 23.12.1997; s. 90 not in force at Royal Assent see s. 125(3); s. 90 in force for specified purposes at 1.2.1996 by S.I. 1996/186, art 2; s. 90 in force at 23.12.1997 in so far as it is not already in force by S.I. 1997/3044, art. 2

91 Interpretation of Part IV.E+W+S

(1)In this Part—

  • [F83action plan” is to be construed—

    (a)

    in relation to England, in accordance with section 83A;

    (b)

    otherwise, in accordance with section 84(2);]

  • air quality objectives” means objectives prescribed by virtue of section 87(2)(b) above;

  • [F84air quality partner” has the meaning given by section 85A(1);]

  • air quality review” means a review under section 82 or 85 above;

  • air quality standards” means standards prescribed by virtue of section 87(2)(a) above;

  • [F85“the appropriate agency” means—

    (a)

    in relation to England, the Agency;

    (b)

    in relation to Wales, the Natural Resources Body for Wales;

    (c)

    in relation to Scotland, SEPA;]

  • designated area” has the meaning given by section 83(1) above;

  • local authority”, in relation to England and Wales, means—

    (a)

    any unitary authority,

    (b)

    any district council, so far as it is not a unitary authority,

    (c)

    the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively,

    and, in relation to Scotland, means a council for an area constituted under section 2 of the M1Local Government etc. (Scotland) Act 1994;

  • [F84neighbouring authority”, in relation to a local authority (“the principal authority”), means another local authority whose area is contiguous with the area of the principal authority;]

  • new Agency” means the Agency or SEPA;

  • prescribed” means prescribed, or of a description prescribed, by or under regulations;

  • regulations” means regulations made by the Secretary of State;

  • the relevant period”, in the case of any provision of this Part, means such period as may be prescribed for the purposes of that provision;

  • [F84relevant public authority” has the meaning given by section 81A(2);]

  • [F86relevant Welsh public authority” has the meaning given by section 81B(2);]

  • the strategy” has the meaning given by section 80(1) above;

  • unitary authority” means—

    (a)

    the council of a county, so far as it is the council of an area for which there are no district councils;

    (b)

    the council of any district comprised in an area for which there is no county council;

    (c)

    the council of a London borough;

    (d)

    the council of a county borough in Wales.

(2)Any reference in this Part to it appearing that any air quality standards or objectives are not likely within the relevant period to be achieved includes a reference to it appearing that those standards or objectives are likely within that period not to be achieved.

Textual Amendments

F83Words in s. 91(1) substituted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 13(a) (with s. 144); S.I. 2022/48, reg. 4(c)

Marginal Citations

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