Lords amendment: No. 467, in page 156, line 4, leave out from beginning to ("The") in line 10 and insert—
("(3) After subsection (4) there shall be inserted—
§ Mr. Hill
This group of amendments corrects an anomaly in the Bill relating to the mayor's powers to direct London local authorities in respect of Community air quality obligations and international agreements.
As hon. Members are aware, clause 294 devolves to the mayor the powers of direction under section 85 of the Environment Act 1995. Those powers relate to the local air quality management functions of London local authorities. For example, the mayor could direct a London authority to carry out a review and assessment of air quality in its area, or to prepare an action plan if it appears that air quality standards are unlikely to be met. However, section 85(5) of the 1995 Act includes the power to direct London local authorities "for the implementation of Community air quality obligations and international agreements. That power can be used in an essentially legislative manner to transpose such obligations.
It has never been intended that the mayor should have the legislative function of transposition. After all, the mayor is not a law-making body. Rather, he should police Community obligations once they have been transposed by the Secretary of State, as well as policing the operation of the local air quality management system in London.
§ Lords amendment agreed to.
§ Lords amendments Nos. 468 to 471 agreed to.