§ 135 After Clause 75, insert the following clause:—
§ Functions of the new Agencies
§ '.—(1) In discharging its pollution control functions, each new Agency shall have regard to the strategy.
§ (2) In this section "pollution control functions", in relation to a new Agency, means—
- (a) in the case of the Agency, the functions conferred on it by or under the enactments specified in section 5(5) above; or
- (b) in the case of SEPA, the functions conferred on it by or under the enactments specified in section 31(5) above.'.
§ 136 After Clause 75, insert the following clause:—
§ Local authority reviews
§ '.—(1) Every local authority 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.
§ (2) Where a local authority causes a review under subsection (1) 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) If, 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, the local authority shall identify any parts of its area in which it appears that those standards or objectives are not likely to he achieved within the relevant period.'.
§ 137 After Clause 75. insert the following clause:—
1552§ Designation of air quality management areas
§ '.—(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.'.
§ 138 After Clause 75, insert the following clause:—
§ Duties of local authorities in relation to designated areas
§ '.—(1) Where an order under section (Designation of air quality management areas) above comes into operation, the local authority which made the order shall, for the purpose of supplementing such information as it has in relation to the designated area in question, cause an assessment to be made of—
- (a) the quality for the time being, and the likely future quality within the relevant period, of air within the designated area to which the order relates: and
- (b) 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 that designated area.
§ (2) A local authority which is required by subsection (1) above to cause an assessment to be made shall also he under a duty—
- (a) to prepare, before the expiration of the period of twelve months beginning with the coming into operation of the order mentioned in that subsection, a report of the results of that assessment; and
- (b) to 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) This subsection applies in any case where the local authority preparing an action plan or a revision of an action plan is the council of a district in England which is comprised in an area for which there is a county council; and if, in a case where this subsection applies, the county council disagrees with the authority about the contents of the proposed action plan or revision of the action plan—
- (a) either of them may refer the matter to the Secretary of State;
- (b) on any such reference the Secretary of State may confirm the authority's proposed action plan or revision of the action plan, with or without modifications (whether or not proposed by the county council) or reject it and, if he rejects it, he may also exercise any powers of his under section (Reserve powers of the Secretary of State or SEPA) below: and
- (c) the authority shall not finally determine the content of the action plan, or the revision of the action plan, except in accordance with his decision on the reference or in pursuance of directions under section (Reserve powers of the Secretary of State or SEPA)below.'.
Earl FerrersMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 135 to 138.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 135 to 138.—(Earl Ferrers.)
§ On Question, Motion agreed to.