Schedule 11: Local air quality management framework
- The Schedule makes amendments to the cited sections of the Environment Act 1995.
- Paragraph 2 amends section 80 (national air quality strategy) of the Environment Act 1995. Sub-paragraph (2) omits subsection (3); sub-paragraph (3) inserts new subsections (4A). New subsection (4A) requires that the National Air Quality Strategy be reviewed, and, following that review, amended if that is considered necessary. New subsection (4A)(a) and (b) sets out the minimum review periods, requiring a review initially within 12 months of the schedule coming into force, and then subsequent reviews to happen at least once every five years after that.
- Paragraph 3 inserts new section 80A into the Environment Act 1995.
New section 80A Duty to report on air quality in England
- New section 80A requires the Secretary of State to lay a statement annually before Parliament which sets out an assessment of progress made towards meeting air quality objectives and standards in England, as well as the steps the Secretary of State has taken in support of meeting those standards and objectives. These are the standards and objectives for local air quality that the Secretary of State must include in the National Air Quality Strategy and enact in secondary legislation, which are then the levels that local authorities must assess against under the Local Air Quality Management Framework.
- Paragraph 4 inserts new section 81A into the Environment Act 1995.
New section 81A: Functions of relevant public authorities
- New section 81A applies a legislative requirement to certain relevant public authorities to co-operate with local authority air quality action planning, once the relevant public authority has been designated under subsection (3) below by the Secretary of State.
- Subsection (1) applies the duty to have regard to the National Air Quality Strategy when carrying out functions and services which might affect air quality to additional bodies who may be relevant to meeting air quality standards and objectives.
- Subsection (2) defines a "relevant public authority" as a body or person prescribed by the Secretary of State in regulations.
- Subsection (3) gives Secretary of State the power to designate a relevant public authority in England if it is determined that the person carries out functions of a public nature that are relevant to air quality in local authority areas.
- Subsection (4) ensures that the Secretary of State consults with both the person who is proposed to be designated as a relevant public authority and anyone else considered appropriate, ahead of making regulations that designate the relevant public body or bodies.
- Subsection (5) provide that the consultation requirement in inserted section 81A(4) of the Environment Act 1995 may be met by a consultation before this paragraph comes into force.
- Subsection (6) clarifies that references to England include the territorial sea adjacent to England, but not the territorial sea adjacent to Wales or Scotland.
- Paragraph 5 amends section 82 (local authority reviews) of the Environment Act 1995. Sub-paragraph (2) provides drafting to allow for the insertion of further subsections into that Act. Sub-paragraph (3) inserts new subsections (4), (5) and (6).
- New subsection (4) of section 82 replicates the former duty on local authorities to identify where air quality standards or objectives are not likely to be achieved within the "relevant period" (a period to be prescribed by regulations).
- New subsection (5) of section 82 provides that local authorities in England must also identify which sources of emissions they believe are responsible for failure to achieve air quality standards or objectives; identify neighbouring authorities who may be responsible for emissions; and identify other relevant public authorities or the Environment Agency who may be responsible for emissions.
- New subsection (6) of section 82 defines a source of pollution as relevant if it is: within the local authority; within a neighbouring local authority in England; or within an area where a relevant public authority has functions of a public nature and the local authority considers these functions as relevant to the source of the emissions.
- Paragraph 6 inserts new section 83A into the Environment Act 1995.
New section 83A Duties of English local authorities in relation to designated areas
- Subsection (1) sets out the application of this section.
- Subsection (2) applies a duty on local authorities to prepare an action plan to ensure air quality standards and objectives are achieved in the Air Quality Management Area it has designated in accordance with section 83. This tightens the requirement to ensure that action plans should secure the required standards and objectives.
- Subsection (3) sets out that an action plan’s purpose is to set out how the local authority will secure air quality standards and objectives in the air quality management area.
- Subsection (4) sets out that the action plan must also maintain air quality standards and objectives in the Air Quality Management Area, once achieved.
- Subsection (5) provides that action plans must set out measures the local authority will take to secure and maintain air quality standards and objectives within the Air Quality Management Area, and requires a date by which these measures must be carried out to be set out in the plan.
- Subsection (6) provides that local authorities may revise the action plan, and must revise the action plan if new or different measures are required. This will be applicable if the existing plan is not securing compliance, or if there are new circumstances which need to be taken into account.
- Subsection (7) sets out that the following two subsections apply where a district council preparing a plan is in a two-tier authority.
- Subsection (8) provides that, in the case of disagreement between a county and district council on the contents of the plan, either the county council or the district council preparing the plan can refer the matter to the Secretary of State.
- Subsection (9) gives Secretary of State the power to confirm or reject the proposed action plan and the actions to be taken, where there is disagreement between the district and county council. This would apply where the Secretary of State considers the plan to be inadequate and not likely to secure compliance with air quality objectives.
- Subsection (10) requires that, if an action plan has been referred to the Secretary of State under subsection (8), the district council must abide by the Secretary of State’s decision.
- Paragraph 7 amends section 84 of the Environment Act 1995 to clarify that this section now applies only to Scottish and Welsh local authorities.
- Paragraph 8 inserts new sections 85A and 85B into the Environment Act 1995. These new sections define the new duties of air quality partners. These could be neighbouring authorities, relevant public authorities or the Environment Agency, where relevant to a local pollution exceedance or likely future exceedance.
New section 85A Duty of air quality partners to co-operate
- Subsection (1) defines an "air quality partner" as a body responsible for emissions contributing to exceedance of local air quality objectives.
- Subsection (2) requires an air quality partner to assist a local authority upon request in connection with meeting air quality standards and objectives in the context of action planning where there is an exceedance. Such requests may include provision of information needed to accurately assess a pollution source’s contribution to a local exceedance.
- Subsection (3) clarifies that an air quality partner may refuse a request for assistance it deems to be unreasonable. It is for the air quality partner to determine whether a request is reasonable – for example, a request may be considered unreasonable on grounds of disproportionate cost, feasibility, relevance, or incompatibility with their wider legal obligations.
New section 85B Role of air quality partners in relation to action plans
- Subsection (1) places a duty on local authorities in England to notify all of their identified air quality partners if they intend to prepare an action plan.
- Subsection (2) places a duty on air quality partners to propose measures for inclusion in the plan they will take to contribute to achievement or maintenance of air quality standards. It is for the air quality partner to propose measures they deem reasonable taking into account their wider legal responsibilities, disproportionate cost and feasibility.
- Subsection (3) provides that an air quality partner should specify a date by when they will carry out the measures they have proposed and, as far as possible, meet those commitments.
- Subsection (4) requires action plans to include the proposals and dates provided by air quality partners.
- Subsection (5) provides for the Secretary of State to direct air quality partners to make further proposals for action by a date specified by the Secretary of State where existing proposals are considered insufficient. This is a last resort measure, and is limited to directing that an air quality partner propose further actions; it does not give the Secretary of State the power to determine the measures the air quality partner will take. This power of direction would not be utilised unilaterally by the Secretary of State where a relevant public body falls under the governance of another government department – agreement with the relevant government department would be sought. If agreement was reached that ministerial direction was necessary, the lead department could legitimately opt to use existing governance structures instead.
- Subsection (6) sets out that directions given under subsection (5) may specify the extent to which further proposals are designed to augment or replace existing actions proposed by air quality partners. So a direction could require the partner to go further in respect of a particular action it intends to take, such as extending its scope, or it could ask the partner to come up with new measures.
- Subsection (7) requires air quality partners to comply with directions as above.
- Paragraph 9 amends section 86 of the Environment Act 1995.
- Paragraph 9(2) omits subsection (1) relating to the role of district and county councils, which is now covered in new section 83A.
- Paragraph 9(3) sets out that county councils may make recommendations to district councils in respect of meeting air quality objectives.
- Paragraph 9(4) inserts new subsection (2A) into section 86, providing that district councils in areas of England where there is a county council must inform county councils if they intend to prepare an action plan.
- Paragraph 9(5) substitutes subsections (3) to (5) of section 86. New subsection (3) provides that if, as above, a county council has been informed of a district council’s intention to prepare an action plan, the county council should propose measures that they will take to help secure the achievement and maintenance of air quality standards and objectives in the local authority’s area. New subsection (4) sets out proposals should have a date specified for the carrying out of the measures and, as far as possible, those dates should be met. New subsection (5) sets out district councils should incorporate county council proposals and dates in their action plans.
- Paragraph 9(6) applies the definition of a district council to England.
- Paragraph 9(7) makes consequential amendments.
- Paragraph 10 substitutes section 86A in the Environment Act 1995 with new sections 86A and 86B.
New section 86A Role of the Mayor of London in relation to action plans
- Subsection (1) provides that local authorities in London must inform the Mayor of London if they intend to prepare an action plan.
- Subsection (2) has the effect that if, as above, the Mayor of London has been informed of a local authority’s intention to prepare an action plan, the Mayor must propose measures that the Mayor will take to help contribute to the achievement and maintenance of air quality standards and objectives. This replicates the duty that now applies to county councils in areas outside of London.
- Subsection (3) sets out that proposals should have a date specified for carrying out of proposed measures and, as far as possible, those dates should be met.
- Subsection (4) requires local authorities to incorporate the Mayor of London’s proposals and dates in their action plans.
New section 86B Role of combined authorities in relation to action plans
- Subsection (1) requires that a local authority in a combined authority area must notify the combined authority of its intention to produce a plan.
- Subsection (2) requires that if, as above, the combined authority has been informed of a local authority’s intention to prepare an action plan, they should propose measures that they will take to help contribute to the achievement and maintenance of air quality standards.
- Subsection (3) requires that proposals should have a date specified for carrying out of proposed measures and that, as far as possible, those dates should be met.
- Subsection (4) requires that local authorities should incorporate combined authority proposals and dates in their action plans.
- Subsection (5) defines "combined authority".
- Paragraph 11 amends section 87 (regulations) of the Environment Act 1995. These amendments broaden the range of bodies the Secretary of State can confer powers on, impose duties on, prescribe measures to be adopted by, require provision of relevant information or enable cost recovery in the realm of measures to improve air quality, to include relevant county councils, relevant public authorities and the Environment Agency.
- Paragraph 12 amends section 88 of the Environment Act 1995. These amendments widen the number of bodies the Secretary of State may issue guidance to relating to local air quality, and to which they must have regard, to include relevant public authorities and the Environment Agency.
- Paragraph 13 amends section 91 (interpretation) of the Environment Act 1995, providing additional definitions.
- Paragraph 14 makes amendments to Schedule 11 (air quality: supplementary provisions) to the Environment Act 1995, simplifying wording.
