§ 142 After Clause 75, insert the following clause:—
§ Guidance for the purposes of Part (Air Quality)
§ '.—(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 shall apply in relation to county councils for areas for which there are district councils as it applies in relation to local authorities.'.
§ 143 After Clause 75, insert the following clause:—
§ Application of Part (Air Quality) to the Isles of Scilly
§ '.—(1) Subject to the provisions of any order under this section, this Part, other than section (National air quality strategy), 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 (National air quality strategy)) 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and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.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.'.
§ 144 After Clause 75, insert the following clause:—
§ Supplemental provisions
§ '. Schedule (Air quality: supplemental provisions) to this Act shall have effect.'.
§ 145 After Clause 75, insert the following clause:—
§ Interpretation of Part (Air Quality)
§ '.—(1) In this Part—
- "action plan" shall be construed in accordance with section (Duties of local authorities in relation to designated areas)(2) (b) above;
- "air quality objectives" means objectives prescribed by virtue of section (Regulations for the purposes of Part (Air Quality))(2) (b) above;
- "air quality review" means a review under section (Local authority reviews) or (Reserve powers of the Secretary of State or SEPA) above;
- "air quality standards" means standards prescribed by virtue of section (Regulations for the purposes of Part (Air Quality))(2) (a) above;
- "the appropriate new Agency" means—
- (a) in relation to England and Wales, the Agency;
- (b) in relation to Scotland, SEPA;
- "designated area" has the meaning given by section (Designation of air quality management areas)(1) above;
- "local authority", in relation to England and Wales, means—
- (a) any unitary authority,
- (b) any district council, so far as it is not a unitary authority,
- (c) 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;
- "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;
- "the strategy" has the meaning given by section (National air quality strategy)(1) above;
- "unitary authority" means—
- (a) the council of a county, so far as it is the council of an area for which there are no district councils;
- (b) the council of any district comprised in an area for which there is no county council;
- (c) the council of a London borough;
- (d) 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.'.
1562Earl FerrersMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 142 to 145 en bloc.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 142 to 145.—(Earl Ferrers.)
§ On Question, Motion agreed to.