Legalize / United Kingdom / Public General Act

Environment Act 1995

Type Public General Act

Publication 1995-07-19

Last updated 2026-03-26

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(1) Section 65A(1) does not enable an English National Park authority to do anything which it is unable to do by virtue of a pre-commencement limitation.

(2) Section 65A(1) does not enable an English National Park authority to do anything which it is unable to do by virtue of a post-commencement limitation which is expressed to apply—

(a) to its power under section 65A(1),

(b) to all of its powers, or

(3) If exercise of a pre-commencement power of an English National Park authority is subject to restrictions, those restrictions apply also to exercise of the power conferred on it by section 65A(1) so far as that power is overlapped by the pre-commencement power.

(4) Section 65A(1) does not authorise an English National Park authority to borrow money.

(5) Section 65A(1)(a) to (c) do not authorise an English National Park authority to charge a person for anything it does otherwise than for a commercial purpose.

(6) Section 65A(1)(d) does not authorise an English National Park authority to do things for a commercial purpose in relation to a person if a statutory provision requires the authority to do those things in relation to the person.

(7) Where under section 65A(1)(d) an English National Park authority does things for a commercial purpose, it must do them through—

(a) a company within the meaning given by section 1(1) of the Companies Act 2006, or

(b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014.

(8) In this section—

“post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—is contained in an Act passed after the end of the Session in which the Cities and Local Government Devolution Act 2016 is passed, oris contained in an instrument made under an Act and comes into force on or after the commencement of section 22 of that 2016 Act;

“pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—is contained in an Act passed no later than the end of the Session in which the Cities and Local Government Devolution Act 2016 is passed, oris contained in an instrument made under an Act and comes into force before the commencement of section 22 of that 2016 Act;

“pre-commencement power” means power conferred by a statutory provision that—is contained in an Act passed no later than the end of the Session in which the Cities and Local Government Devolution Act 2016 is passed, oris contained in an instrument made under an Act and comes into force before the commencement of section 22 of that 2016 Act;

“statutory provision” means a provision of an Act or of an instrument made under an Act.

Power to make provision supplemental to section 65A

65C

(1) The Secretary of State may by regulations make provision preventing an English National Park authority from doing under section 65A(1) anything which is specified, or is of a description specified, in the regulations.

(2) The Secretary of State may by regulations provide for the exercise by English National Park authorities of the power conferred by section 65A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the regulations.

(3) Before making regulations under subsection (1) or (2) the Secretary of State must consult—

(a) such representatives of English National Park authorities, and

(b) such other persons (if any),

as the Secretary of State considers appropriate.

(4) Subsection (3) does not apply to regulations under subsection (1) or (2) which are made only for the purpose of amending earlier such regulations—

(a) so as to extend the earlier regulations, or any provision of the earlier regulations, to English National Park authorities, or

(b) so that the earlier regulations, or any provision of the earlier regulations, cease to apply English National Park authorities.

Procedure etc for regulations under section 65C

65D

(1) The power to make regulations under section 65C—

(a) is exercisable by statutory instrument;

(b) includes power to make different provision for different purposes;

(d) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an Act passed before the Cities and Local Government Devolution Act 2016 or in the same Session as that Act.

(2) A statutory instrument containing regulations under section 65C may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3) Subsection (2) does not apply to a statutory instrument that contains regulations only of the following kind—

(a) regulations under section 65C(1) that make provision for the purpose mentioned in section 65C(4)(b);

(b) regulations under section 65C(2) that make provision for that purpose or for imposing conditions on the doing of things for a commercial purpose;

(c) regulations made by virtue of subsection (1)(c) that do not contain provision amending or repealing a provision of an Act.

(4) A statutory instrument to which subsection (2) does not apply is subject to annulment by resolution of either House of Parliament.

(5) If a draft of regulations under section 65C would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

National Park Management Plans.

66

(1) Subject to subsection (2) below, every National Park authority shall, within three years after its operational date, prepare and publish a plan, to be known as a National Park Management Plan, which formulates its policy for the management of the relevant Park and for the carrying out of its functions in relation to that Park.

(2) A National Park authority for a Park wholly or mainly comprising any area which, immediately before the authority’s operational date, was or was included in an area for which there was a National Park Plan prepared and published under paragraph 18 of Schedule 17 to the 1972 Act (National Park plans) shall not be required to prepare a Management Plan under subsection (1) above if, within six months of that date, it adopts the existing National Park Plan as its Management Plan and publishes notice that it has done so.

(3) Where a National Park authority is proposing to adopt a plan under subsection (2) above, it may review the plan before adopting it and shall do so if the plan would have fallen to be reviewed under paragraph 18 of Schedule 17 to the 1972 Act in the period of twelve months beginning with the authority’s operational date.

(4) A National Park authority shall review its National Park Management Plan within the period of five years of its operational date and, after the first review, at intervals of not more than five years.

(5) Where a National Park authority has adopted a plan under subsection (2) above as its National Park Management Plan and has not reviewed that Plan before adopting it, the first review of that Plan under subsection (4) above shall take place no later than the time when the adopted plan would otherwise have fallen to be reviewed under paragraph 18 of Schedule 17 to the 1972 Act.

(6) Where a National Park authority reviews any plan under this section, it shall—

(a) determine on that review whether it would be expedient to amend the plan and what (if any) amendments would be appropriate;

(b) make any amendments that it considers appropriate; and

(7) A National Park authority which is proposing to publish, adopt or review any plan under this section shall—

(a) give notice of the proposal to every principal council and corporate joint committee whose area is wholly or partly comprised in the relevant Park and, according to whether that Park is in England or in Wales, to Natural England or to the Natural Resources Body for Wales;

(b) send a copy of the plan, together (where appropriate) with any proposed amendments of the plan, to every body to which notice of the proposal is required to be given by paragraph (a) above; and

(7A) A National Park authority for a park in Wales which is proposing to publish, adopt or review any plan under this section must have regard to—

(a) the state of natural resources report published under section 8 of the Environment (Wales) Act 2016, ...

(b) any area statement published under section 11 of that Act for an area that includes all or part of the park , and

(8) A National Park authority shall send to the Secretary of State a copy of every plan, notice or report which it is required to publish under this section.

(9) In this section “operational date”, in relation to a National Park authority, means the date on which the authority becomes the local planning authority for the relevant Park.

(10) In this section “corporate joint committee” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.

National Park Management Plans (England): further provision

66A

(1) The Secretary of State may by regulations make provision—

(a) requiring a National Park Management Plan for a park in England to contribute to the meeting of any target set under Chapter 1 of Part 1 of the Environment Act 2021;

(b) setting out how such a Management Plan must contribute to the meeting of such targets;

(c) setting out how such a Management Plan must further the purposes specified in section 5(1) of the National Parks and Access to the Countryside Act 1949.

(2) The Secretary of State may by regulations make provision—

(a) requiring a relevant authority other than a devolved Welsh authority to contribute to the preparation, implementation or review of a National Park Management Plan for a park in England;

(b) setting out how such a relevant authority may or must do so.

(3) In this section—

“devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act);

“relevant authority” has the same meaning as in section 11A of the National Parks and Access to the Countryside Act 1949.

Regulations under section 66A: procedure etc

66B

(1) The power to make regulations under section 66A—

(a) is exercisable by statutory instrument;

(b) includes power to make different provision for different purposes or different areas;

(2) A statutory instrument containing regulations under section 66A is subject to annulment in pursuance of a resolution of either House of Parliament.

National Park authority to be local planning authority.

67

(1) After section 4 of the Town and Country Planning Act 1990 (National Parks) there shall be inserted—

(4A) (1) Where a National Park authority has been established for any area, this section, instead of section 4(1) to (4), shall apply, as from such time as may be specified for the purposes of this section in the order establishing that authority, in relation to the Park for which it is the authority. (2) Subject to subsections (4) and (5) below, the National Park authority for the Park shall be the sole local planning authority for the area of the Park and, accordingly— (a) functions conferred by or under the planning Acts on a planning authority of any description (including the functions of a mineral planning authority under those Acts and under the Planning and Compensation Act 1991) shall, in relation to the Park, be functions of the National Park authority, and not of any other authority; and (b) so much of the area of any other authority as is included in the Park shall be treated as excluded from any area for which that other authority is a planning authority of any description. (3) For the purposes of subsection (2) above functions under the planning Acts which (apart from this section) are conferred— (a) in relation to some areas on the county or district planning authorities for those areas, and (b) in relation to other areas on the councils for those areas, shall be treated, in relation to those other areas, as conferred on each of those councils as the local planning authority for their area. (4) The functions of a local planning authority by virtue of sections 198 to 201, 206 to 209 and 211 to 215, so far as they are functions of a National Park authority by virtue of this section, shall be exercisable as respects any area which is or is included in an area for which there is a district council, concurrently with the National Park authority, by that council. (5) For the purposes of any enactment relating to the functions of a district planning authority, the functions of a district council by virtue of subsection (4) above shall be deemed to be conferred on them as a district planning authority and as if the district were the area for which they are such an authority.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Before section 148 of that Act of 1990 (interpretation of provisions relating to purchase notices) there shall be inserted—

(147A) This Chapter shall have effect as if— (a) the bodies on whom a purchase notice may be served under section 137 included any National Park authority which is the local planning authority for the area in which the land is situated; and (b) a National Park authority were a local authority for the purposes of this Act and the National Park for which it is the local planning authority were its area; and the references in this Chapter and in section 288(10)(a) to a council and to a local authority shall be construed accordingly.

Planning authority functions under National Parks legislation etc.

68

(1) Where a National Park authority is the local planning authority for any National Park, section 184 of the 1972 Act and paragraph 37 of Schedule 17 to that Act (functions under certain legislation relating to the National Parks and the countryside) shall not apply as respects that Park in relation to any of the functions conferred by or under—

(a) the National Parks and Access to the Countryside Act 1949 (“the 1949 Act”), or

(b) the Countryside Act 1968 (“the 1968 Act”),

on a planning authority of any description.

(2) In consequence of subsection (1) above, but subject to subsections (3) to (7) below—

(a) functions which are conferred on a local planning authority by or under the 1949 Act or the 1968 Act, and the functions conferred on a county planning authority (or, in relation to Wales, a local planning authority) by section 69 of the 1949 Act (suspension of access to avoid risk of fire), shall, as respects the whole or any part of a National Park for which a National Park authority is the local planning authority, be functions of that authority and not of any other authority;

(b) references in those Acts to a local planning authority whose area consists of or includes the whole or any part of a National Park shall be construed, in relation to any National Park for which a National Park authority is the local planning authority, as references to the National Park authority; and

(c) other references in those Acts to a local planning authority and the references to a local authority in section 103 of the 1949 Act and sections 10 and 43 to 45 of the 1968 Act (which contain provision applying in relation to local authorities in their capacity as local planning authorities) shall have effect accordingly.

(3) Section 11 of the 1949 Act (which makes provision in relation to a local planning authority that corresponds to provision made by section 65 above in relation to a National Park authority) shall not apply in relation to any National Park authority.

(4) The functions conferred by or under section 12 of the 1949 Act or section 12 of the 1968 Act (facilities for National Parks) which are exercisable by virtue of this section by a National Park authority in a National Park—

(a) shall be exercisable by that authority outside the relevant Park on any land in the neighbourhood of that Park; but

(b) shall be so exercisable only under arrangements made with the local planning authority for the area where they are exercised.

(5) Sections 61 to 63 of the 1949 Act (survey of access requirements and action in response to the survey) shall have effect in accordance with subsection (2) above as respects the area of any National Park for which a National Park authority has become the local planning authority—

(a) in the case of a Park designated after the commencement of this section, as if section 61(1) applied with the substitution for the reference to the commencement of that Act of a reference to the time when that authority became the local planning authority for that Park;

(b) as if no area were required by virtue of subsection (3) of section 61 of that Act, or of any previous review under that section, to be excluded from any area to be reviewed by virtue of paragraph (a) above; and

(i) the power (if any) to make a resolution for the purposes of the proviso to that subsection (3) as respects any part of the area of the Park which has not previously been reviewed under that section, and

(ii) the functions which, where such a resolution has been so made, are conferred on the authority which made it or on any authority which has conducted a review in pursuance of the resolution,

were a power or, as the case may be, functions of the National Park authority, and not of any other authority.

(6) The following functions, so far as exercisable by a National Park authority in relation to land or countryside in a National Park in England for which that authority is the local planning authority, that is to say—

(a) those conferred by or under section 89 of the 1949 Act (planting of trees and treatment of derelict land), and

(b) those conferred by section 10 of the 1968 Act (camping and picnic sites),

shall be exercisable in relation to so much of that Park as is comprised in a district for which there is a district council, concurrently with the National Park authority, by that district council.

(7) For the purposes of any enactment relating to the functions of a district planning authority, the functions of a district council by virtue of subsection (6) above shall be deemed to be conferred on them as a district planning authority and as if the district were the area for which they are such an authority.

(8) The following powers, that is to say—

(a) those conferred on a local authority by or under section 92 of the 1949 Act (wardens), and

(b) those conferred on a local authority by or under section 41 of the 1968 Act (byelaws),

so far as they are conferred in relation to any of the functions which by virtue of this section are functions of a National Park authority as respects the relevant Park, shall be exercisable by that authority and also, in the case of those conferred by or under section 41 of the 1968 Act, by a district council in relation to that council’s functions by virtue of subsection (6)(b) above, but not by any other authority.

(9) Section 104 of the 1949 Act (general provisions as to appropriation and disposal of land), except subsection (11), shall have effect as if references in that section to a local authority included references to a National Park authority.

(10) For the purposes of any functions conferred on a National Park authority by virtue of this section references in any enactment to the area of the authority shall be construed as references to the relevant Park.

Planning authority functions under the Wildlife and Countryside Act 1981.

69

(1) A National Park authority which is the local planning authority for any National Park, and not any other authority, shall have all the functions under the Wildlife and Countryside Act 1981 which are conferred as respects that Park on a planning authority of any description.

(2) Accordingly—

(a) a National Park authority shall be the relevant authority for the purposes of sections 39, 41 and 50 of that Act (management agreements and duties of agriculture Ministers in relation to the countryside) as respects any land in any National Park for which that authority is the local planning authority; and

(b) section 52(2) of that Act (construction of references to a local planning authority) shall not apply as respects any National Park for which a National Park authority is the local planning authority.

(3) Section 43 of that Act (maps of National Parks) shall have effect in accordance with the preceding provisions of this section—

(a) in the case of a National Park designated after the commencement of this section, as if the relevant date for the purposes of that section were the date on which a National Park authority becomes the local planning authority for the Park; and

(b) in any other case, as if the function of reviewing and revising any map of a part of the Park in question included a power, in pursuance of the review and revisions, to consolidate that map with other maps prepared under that section as respects other parts of that Park.

(4) In section 44 of that Act (grants and loans for purposes of National Parks), after subsection (1) there shall be inserted the following subsection—

(1A) Subsection (1) above shall not apply in relation to any National Park for which a National Park authority is the local planning authority; but the National Park authority for such a Park may give financial assistance by way of grant or loan, or partly in one way and partly in the other, to any person in respect of expenditure incurred by him in doing anything which, in the opinion of the authority, is conducive to the attainment in the Park in question of any of the purposes mentioned in section 5(1) of the 1949 Act (purposes of conserving and enhancing the natural beauty, wildlife and cultural heritage of National Parks and of promoting opportunities for the understanding and enjoyment of the special qualities of those Parks by the public).

Other statutory functions.

70

In addition to its functions under the enactments mentioned in sections 67 to 69 above and to such of its functions under any other enactment as are conferred by virtue of its being a local planning authority within the meaning of the Town and Country Planning Act 1990, a National Park authority shall have the further miscellaneous functions conferred on it by virtue of Schedule 9 to this Act.

Finances of National Park authorities

National Park authorities to be levying bodies.

71

(1) A National Park authority shall have power in respect of every financial year beginning after the establishment of that authority to issue levies to the councils by whom the local authority members of that authority fall to be appointed.

(2) Subject to the following provisions of this section, a levy issued by virtue of this section shall be issued in accordance with regulations under section 74 of the Local Government Finance Act 1988 (power to make regulations authorising a levying body to issue a levy); and, accordingly, a National Park authority shall be deemed to be a levying body within the meaning of that section.

(3) Subject to any maximum specified in or determined in accordance with any regulations under that section 74, the amount of the levies issued by a National Park authority in respect of any financial year shall be equal to the sum by which the aggregate of the amounts specified in subsection (4) below is exceeded by the aggregate of the sums which it estimates it will require in respect of that year for the following purposes, that is to say—

(a) meeting the expenditure of the authority which will fall to be charged for that year to any revenue account;

(b) making such provision as may be appropriate for meeting contingencies the expenditure on which would fall to be so charged;

(d) providing the authority with the funds required for covering any deficit carried forward from a previous financial year in any revenue account.

(4) The amounts mentioned in subsection (3) above in relation to any financial year are—

(a) any amounts to be received by the authority in respect of that year by way of grant under section 72 below;

(b) the authority’s estimate of the amounts which are likely for that year to be credited to any revenue account in respect of sums payable to the authority for things done in the course of, or in connection with, the carrying out of its functions; and

(c) the authority’s estimate of the amounts not falling within paragraph (a) or (b) above which apart from this section are, or are likely to be, available to it for that year for the purposes mentioned in subsection (3) above.

(5) Where agreement as to the apportionment of the amount to be raised by a National Park authority in respect of any financial year by way of levies is entered into, before 1st December in the immediately preceding financial year, by all the authorities to whom the levies in respect of that year may be issued by that authority, that amount shall be apportioned between those authorities in accordance with the agreement, instead of in accordance with any provision made by virtue of that section 74.

(6) Regulations under that section 74 may include provision for requiring an authority to anticipate a levy by virtue of this section when making any calculations which fall, for the financial year following that in which any National Park authority is established, to be made (whether originally or by way of substitute) under section 31A or 42A (calculation of council tax requirement by authorities in England) or section 32 or 42 (calculation of budget requirement by authorities in Wales) of the Local Government Finance Act 1992.

(7) A National Park authority shall not by virtue of this section be a local authority within the meaning of the Town and Country Planning Act 1990.

National Park grant.

72

(1) The Secretary of State may make grants to a National Park authority for such purposes, of such amounts and on such terms and conditions as he thinks fit.

(2) Before determining the amount of any grant which he proposes to make to a National Park authority in Wales under this section, or the purpose for which it is to be made, the Secretary of State shall consult, according to whether the relevant Park is in England or in Wales, either Natural England or the Natural Resources Body for Wales.

(3) The consent of the Treasury shall be required for the making of a grant under this section.

Capital finances and borrowing.

73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Validation of certain grants paid to local authorities in respect of expenditure relating to National Parks.

74

(1) No payment made for any year beginning on or after 1st April 1990 and ending on or before 31st March 1996 by the Secretary of State by way of grant to the council of a county or a metropolitan district in respect of the council’s expenditure or estimated expenditure in connection with National Parks shall be regarded as made otherwise than under and in accordance with the relevant enactments by reason only of—

(a) the aggregate amount of such grants for the year to such councils not having been duly prescribed;

(b) the method of determining the proportion of such aggregate amount payable to that council not having been duly prescribed; or

(i) otherwise than in accordance with an approved Rate Support Grant Report or such a Report as varied by an approved supplementary report for the year; or

(ii) without there being an approved Rate Support Grant Report for the year.

(2) Any reference in this section to a payment by way of grant made under and in accordance with the relevant enactments is a reference to a payment of grant made under section 7 of the Local Government Act 1974 (supplementary grants towards expenditure with respect to National Parks) in accordance with the provisions of that section and those of section 60 or 61 of the Local Government, Planning and Land Act 1980 (rate support grant reports and supplementary reports) as they apply in relation to grants under the said section 7.

(3) In this section—

“approved Rate Support Grant Report” means a Rate Support Grant Report which has been laid before and approved by a resolution of the House of Commons;

“approved supplementary report” means a supplementary report which has been laid before and approved by a resolution of the House of Commons;

“duly prescribed” means prescribed by a Rate Support Grant Report or a supplementary report;

“Rate Support Grant Report” means a Rate Support Grant Report made under section 60 of the Local Government, Planning and Land Act 1980;

“supplementary report” means a supplementary report made under section 61 of that Act; and

“year” means a period of 12 months beginning with 1st April.

Supplemental provisions

Powers to make orders.

75

(1) This section applies to every power of the Secretary of State under the preceding provisions of this Part to make an order.

(2) The powers to which this section applies shall, in each case, be exercisable by statutory instrument; and ...

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) The powers to which this section applies shall, in each case, include power to make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks necessary or expedient.

(4) A power of the Secretary of State by an order under this Part to make incidental, supplemental, consequential or transitional provision shall include power for any incidental, supplemental, consequential or, as the case may be, transitional purpose—

(a) to apply with or without modifications,

(b) to extend, exclude or modify, or

any enactment or any instrument made under any enactment.

(5) The provision that may be made for incidental, supplemental, consequential or transitional purposes in the case of any order under this Part which—

(a) establishes a National Park authority or winds up the existing authority for any National Park, or

(b) otherwise has the effect of transferring functions from one person to another or of providing for functions to become exercisable concurrently by two or more persons or to cease to be so exercisable,

shall include provision for the transfer of property, rights and liabilities from one person to another.

(6) A power of the Secretary of State under this Part to provide by order for the transfer of any property, rights or liabilities, or to make transitional provision in connection with any such transfer or with any order by which functions become or cease to be exercisable by any authority, shall include power to provide, in particular—

(a) for the management and custody of any transferred property (whether real or personal);

(b) for any liabilities transferred to include liabilities under any enactment;

(c) for legal proceedings commenced by or against any person to be continued by or against a person to whom property, rights or liabilities are transferred or, as the case may be, any authority by whom any functions are to become exercisable;

(d) for the transfer of staff, compensation for loss of office, pensions and other staffing matters; and

(e) for treating any person to whom a transfer of property, rights or liabilities is made or, as the case may be, by whom any functions are to become exercisable as, for some or all purposes, the same person in law as the person from whom the transfer is made or the authority by whom the functions have previously been exercisable.

(7) The powers to which this section applies shall, in each case, include power to make different provision for different cases, including different provision for different areas or localities and for different authorities.

(8) The powers to which this section applies shall be without prejudice to any powers conferred by Part II of the Local Government Act 1992 Part 1 of the Local Government and Public Involvement in Health Act 2007 or any other enactment.

(9) In this section “enactment” includes an enactment contained in an Act passed after this Act.

Agreements as to incidental matters.

76

(1) Any public authorities affected by an order under this Part may from time to time make agreements with respect to—

(a) any property, income, rights, liabilities or expenses (so far as affected by the order) of the parties to the agreement; or

(b) any financial relations between those parties.

(2) Such an agreement may provide—

(a) for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;

(b) for the making of payments by any party to the agreement in respect of—

(i) property, rights and liabilities transferred or retained,

(ii) the joint use of any property, or

(iii) remuneration or compensation payable to any person;

and

(3) In default of agreement as to any disputed matter, the matter shall be referred to the arbitration of a single arbitrator agreed on by the parties or, in default of agreement, appointed by the Secretary of State; and the award of the arbitrator may make any provision that might be contained in an agreement under this section.

(4) In subsection (3) above “disputed matter” means any matter which—

(a) might be the subject of provision contained in an agreement under this section; and

(b) is the subject of such a dispute between two or more public authorities as is not resolved by or under provision contained in any order under this Part.

Isles of Scilly.

77

(1) This Part shall have effect in relation to the Isles of Scilly subject to any such modifications as may be provided for by the Secretary of State by order made by statutory instrument.

(2) Before making an order under this section the Secretary of State shall consult with the Council of the Isles of Scilly.

(3) The power to make an order under this section shall include power to make such incidental, supplemental, consequential or transitional provision as the Secretary of State thinks necessary or expedient.

Minor and consequential amendments relating to National Parks.

78

The enactments mentioned in Schedule 10 to this Act shall have effect subject to the amendments contained in that Schedule (being minor amendments and consequential amendments in connection with the provisions of this Part).

Interpretation of Part III.

79

(1) In this Part, except in so far as the context otherwise requires—

“the 1972 Act” means the Local Government Act 1972;

“existing authority”, in relation to a National Park, means—any such joint or special planning board for that Park or for any area wholly or partly comprised in that Park as was reconstituted by an order under paragraph 1 or 3 of Schedule 17 to the 1972 Act ...; orany National Park Committee for that Park or for any such area;

“liability”, in relation to the transfer of liabilities from one person to another, does not include any criminal liability;

“principal council” and “principal area” have the same meanings as in the 1972 Act;

“public authority” means any local authority within the meaning of the 1972 Act (including any such authority in their capacity as a local planning authority), any National Park authority, any existing authority for a National Park, any joint authority or residuary body established under Part II of the Local Government Act 1992, or any residuary body established under section 17 of the Local Government and Public Involvement in Health Act 2007 ...;

“the relevant Park”, in relation to a National Park authority, means the area for which that authority is or is to be the National Park authority.

(2) Where—

(a) any enactment that is applied by virtue of this Part in relation to National Park authorities refers, or falls to be construed as referring, to any other enactment, and

(b) that other enactment is also one which is so applied,

the reference shall be construed (so far as it would not be so construed apart from this subsection) as including a reference to the other enactment as it is applied in relation to National Park authorities.

Part IV — Air Quality

National air quality strategy.

80

(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 ...—

(a) securing that any assimilated obligation is met, or

(b) the 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.

(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.

(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

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

(a) the appropriate 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.

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

(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;

(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.

Duty to report on air quality in England

80A

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.

Functions of the new Agencies.

81

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

(2) In this section “pollution control functions” ... means—

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

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

Functions of relevant public authorities etc

81A

(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;

(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).

Functions of relevant Welsh public authorities etc.

81B

(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.

Local authority reviews.

82

(1) Every local authority , other than a local authority in Wales, 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.

(1A) Every local authority in Wales must, in each calendar year, 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) or (1A) 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) This 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 area...

(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.

Designation of air quality management areas.

83

(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.

Duties of English local authorities in relation to designated areas

83A

(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.

Duties of Welsh local authorities in relation to designated areas

83B

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

(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 the authority—

(a) prepare an action plan in relation to that area, and

(b) send a copy of the action plan to the Welsh Ministers for approval.

(3) An action plan is a written plan that—

(a) sets out how the local authority will exercise its functions to secure that air quality standards and objectives are achieved in the area to which the plan relates, and

(b) in relation to each standard and objective, specifies a date by which the local authority will aim to achieve the standard or objective.

(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—

(a) 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

(b) in relation to each measure, specify a date by which it will be carried out.

(6) A local authority—

(a) may prepare revisions to an action plan at any time, and

(b) must prepare revisions to 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 by the dates specified under subsection (3)(b), and are maintained, in the area to which the plan relates.

(7) A local authority must send copies of revisions prepared under subsection (6) to the Welsh Ministers for approval.

(8) An action plan, or a revision to an action plan, does not take effect unless the plan or revision is approved (with or without modifications) by the Welsh Ministers.

Duties of Scottish ... local authorities in relation to designated areas.

84

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

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

(2) Where 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.

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

Reserve powers of the Secretary of State or SEPA.

85

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

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

(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, ...

(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,

(e) that a local authority in Wales has failed to carry out a measure specified in an action plan by the date specified in the plan in relation to that measure, or

(f) that an air quality standard or objective has not been achieved, within a designated area in Wales, by the date specified in the action plan for the area as the date by which the standard or objective is expected to be achieved,

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.

(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 or (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 , other than local authorities in Greater London, requiring them to take such steps specified in the directions as he considers appropriate ...—

(a) for securing that any assimilated obligation is met, or

(b) for 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.

(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.

(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.

Duty of air quality partners to co-operate

85A

(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.

Role of air quality partners in relation to action plans

85B

(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.

Functions of county councils for areas for which there are district councils.

86

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

(2) A 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 or 84 above, or

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

(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.

(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 of 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) ... ;

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

(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 ...—

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

(b) for 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.

Role of the Mayor of London in relation to action plans.

86A

(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)).

Role of combined authorities in relation to action plans

86B

(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).

Role of combined county authorities in relation to action plans

86C

(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.

Regulations for the purposes of Part IV.

87

(1) Regulations may make provision—

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

(b) for, or in connection with ...—

(i) securing that any assimilated obligation is met, or

(ii) the 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

(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 , relevant county councils, relevant public authorities , 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) , relevant county councils, relevant public authorities, relevant 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 , relevant county councils, relevant public authorities , 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 , a relevant county council, a relevant public authority , 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 , council or Agency in discharging functions conferred or imposed on the authority , 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—

(i) by payment of a penalty of a prescribed amount , 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.

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

(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 appropriate 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 appropriate 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.

(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;

(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.

(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.

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

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) This section Subsections (1) and (2) shall apply in relation to county councils for areas for which there are district councils , relevant public authorities and the Agency as it applies they apply in relation to local authorities.

(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.

Supplemental provisions.

90

Schedule 11 to this Act shall have effect.

Interpretation of Part IV.

91

(1) In this Part—

“action plan” is to be construed— in relation to England, in accordance with section 83A;in relation to Wales, in accordance with section 83B;otherwise, in accordance with section 84(2);

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

“air 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;

“the appropriate agency” means—in relation to England, the Agency;in relation to Wales, the Natural Resources Body for Wales;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—any unitary authority,any district council, so far as it is not a unitary authority,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 Local Government etc. (Scotland) Act 1994;

“neighbouring 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;

“relevant public authority” has the meaning given by section 81A(2);

“relevant 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—the council of a county, so far as it is the council of an area for which there are no district councils;the council of any district comprised in an area for which there is no county council;the council of a London borough;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.

Part V — Miscellaneous, General and Supplemental Provisions

Waste

National waste strategy.

92

(1) Before section 45 of the Environmental Protection Act 1990 there shall be inserted—

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