PART 1

Environmental governance
CHAPTER 1

Improving the natural environment

Environmental targets

Environmental targets: process
4
1
Before making regulations under sections 1 to 3 the Secretary of State must seek advice from persons the Secretary of State considers to be independent and to have relevant expertise.
2
Before making regulations under sections 1 to 3 which set or amend a target the Secretary of State must be satisfied that the target, or amended target, can be met.
3
The Secretary of State may make regulations under sections 1 to 3 which revoke or lower a target (the “existing target”) only if 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.
4
Before making regulations under sections 1 to 3 which revoke or lower a target the Secretary of State must lay before Parliament, and publish, a statement explaining why the Secretary of State is satisfied as mentioned in subsection (3).
5
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.
6
Regulations under section 2 may not revoke the PM2.5 air quality target (but may amend it in accordance with this section).
7
For the purposes of this Part a target is met if the specified standard is achieved by the specified date.
8
Regulations under sections 1 to 3 are subject to the affirmative procedure.
9
A draft of a statutory instrument (or drafts of statutory instruments) containing regulations setting—
a
each of the targets required by section 1(2),
b
the PM 2.5 air quality target, and
c
the species abundance target,
must be laid before Parliament on or before 31 October 2022.
S. 4 not in force at Royal Assent, see s. 147(3)
S. 4 in force at 24.1.2022 by S.I. 2022/48, reg. 2(a)