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The Air Quality Standards Regulations 2010

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This is the original version (as it was originally made).

PART 7General

Power to give directions

31.—(1) For the purposes of implementing any obligations of the United Kingdom under Directive 2008/50/EC, Directive 2004/107/EC and Council Decision 97/101/EC establishing a reciprocal exchange of information and data from networks and individual stations measuring ambient air pollution within the member States(1), the Secretary of State has the same power to give directions under these Regulations to—

(a)local authorities in Greater London; and

(b)the Mayor of London,

as the Secretary of State has under section 85(5)(a) of the Environment Act 1995(2) in relation to local authorities outside Greater London.

(2) The provisions of subsections (6) and (7) of section 85 of the Environment Act 1995 apply to directions given under this regulation as they apply to directions given under section 85(5)(a) and in the case of paragraph (1)(b) of this regulation, as if the Mayor of London were a local authority.

Transboundary air pollution

32.—(1) For the purpose of this Regulation a transboundary pollution issue arises when any of the following is exceeded within any part of a member State due to significant transport of air pollutants or their precursor substances from any other member State—

(a)a limit value or target value together with any relevant margin of tolerance;

(b)an alert threshold;

(c)a long-term objective.

(2) The relevant administration must notify the Secretary of State where any transboundary pollution issue affects their territory.

(3) Where the Secretary of State—

(a)considers that a transboundary pollution issue has arisen in England;

(b)is notified under paragraph (2); or

(c)is notified by another member state as to a transboundary pollution issue in their territory which arises from the United Kingdom,

the Secretary of State must consult the relevant member State as to any remedial action that might be appropriate.

(4) The Secretary of State must inform any relevant administration affected of any notification from another member State and consult the relevant administration about any action he proposes to take.

(5) Where information or alert thresholds are exceeded in locations close to the border of the United Kingdom—

(a)any relevant administration affected must inform the Secretary of State,

(b)the Secretary of State must provide prompt information in relation to England or as provided by the relevant administration under paragraph (a), as the case may be, to any relevant neighbouring member State.

Revocations

33.  The Air Quality Standards Regulations 2007(3) are revoked.

(1)

OJ No L 35,5.2.97, p 14.

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