Environment Bill (HC Bill 3)

2 (1) Section 80 (national air quality strategy) is amended as follows.

(2) Omit subsection (3).

(3) After subsection (4) insert—

“(4A) The strategy must be reviewed, and if appropriate modified, at least
5once in every review period.

(4B) “Review period” means—

(a) in relation to the first review, the period of 12 months
beginning with the day on which subsection (4A) comes into
force, and

(b) 10in relation to subsequent reviews, the period of 5 years
beginning with the day on which the previous review was
completed.”

3 After that section insert—

“80A Duty to report on air quality in England

15 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
20meeting 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 objective and standards.”

4 After section 81 insert—

“81A 25Functions of relevant public authorities

(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) 30local authorities in England;

(c) county councils for areas in England for which there are
district councils.

(2) In this Part, “relevant public authority” means a person designated
in accordance with subsection (3) as a relevant public authority in
35relation 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) 40Before 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) 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
5the 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).”

5 (1) 10Section 82 (local authority reviews) is amended as follows.

(2) In subsection (3)—

(a) for “If” substitute “This subsection applies to a local authority
where”;

(b) omit the words from “, the local authority shall” to the end.

(3) 15After subsection (3) insert—

“(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
20also—

(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
25neighbouring 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) 30For 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
35authority 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.”

6 After Section 83 insert—

“83A Duties of English local authorities in relation to designated areas.

(1) 40This section applies in relation to a local authority in England.

(2) A local authority must, for the purpose of securing that air quality
standards 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
5its functions to secure that air quality standards and objectives are to
be 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
10standards 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
15different 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 a proposed action plan,
20or revision of an action plan.

(8) Where the county council disagrees with the contents of the plan, or
the revision of a plan, a referral of the matter may be made to the
Secretary of State by—

(a) the county council;

(b) 25the 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
30council 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.”

7 (1) Section 84 (duties of local authorities in relation to designated areas) is
35amended as follows.

(2) In the heading, after “of” insert “Scottish and Welsh”.

(3) Before subsection (2) insert—

“(1A) This section applies in relation to a local authority in Scotland or
Wales.”

(4) 40Omit subsection (5).

8 After section 85 insert—

“85A Duty of air quality partners to co-operate

(1) For the purposes of this Part, an “air quality partner” of a local
authority means a person identified by that authority in accordance
45with 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
5the extent it considers the request unreasonable.

85B Role of air quality partners in relation to action plans

(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
10notification 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) 15An 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
20by 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) 25The 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) 30A 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
35under this section.”

9 (1) Section 86 (functions of county councils for areas for which there are district
councils) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2), for the words before paragraph (a) substitute “A county
40council 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—”.

(4) After subsection (2) insert—

“(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.”

(5) 5For subsections (3) to (5) substitute—

“(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
10achievement, 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
15by 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
20provided to it by the county council under subsection (3) (including
the dates specified by the county council by virtue of subsection
(4)(a)).”

(6) In subsection (6), in paragraph (a), after “district council” insert “of a district
in England for which there is a county council”.

(7) 25In subsection (7)—

(a) in paragraph (a), omit the words from “above or” to the end;

(b) in paragraph (b)—

(i) omit “or statement”;

(ii) omit “or (4) above”;

(c) 30in paragraph (c)—

(i) omit “or statement”;

(ii) omit “or (4) above”.

10 For section 86A substitute—

“86A Role of the Mayor of London in relation to action plans

(1) 35Where 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
40relevant 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
45Mayor 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) 5An 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)).

86B Role of combined authorities in relation to action plans

(1) 10Where 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
15with 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) 20in 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
25combined 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
30Act 2009 (see section 120 of that Act).”

11 (1) Section 87 (regulations) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (c), after “authorities” insert “, relevant county councils,
relevant public authorities or the Agency”;

(b) 35in paragraph (j), after “otherwise)” insert “, relevant county councils,
relevant public authorities, the Agency”;

(c) in paragraph (l), after “authorities” insert “, relevant county councils,
relevant public authorities or the Agency”;

(d) in paragraph (m)—

(i) 40after “local authority” insert “, a relevant county council, a
relevant public authority or the Agency”;

(ii) after “the authority” insert “, council or Agency”.

(3) After that subsection insert—

“(2A) In subsection (2) “relevant county council” means a county council
45for an area in England for which there are district councils.”

12 In section 88, in subsection (3), after “district councils” insert “, relevant
public authorities and the Agency”.

13 In section 91 (interpretation), in subsection (1)—

(a) for the definition of “action plan” substitute—

• 5“““action plan” is to be construed—

  (a)

  in relation to England, in accordance with
  section 83A;

  (b)

  otherwise, in accordance with section 84(2);”;

(b) at the appropriate places insert—

• 10“““air quality partner” has the meaning given by section
  85A(1);”;

• ““neighbouring authority”, in relation to a local
  authority (“the principal authority”), means another
  local authority whose area is contiguous with the area
  15of the principal authority;”;

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

14 In Schedule 11 (air quality: supplemental provisions), in paragraph 1(2), for
paragraph (d) substitute—

“(d) 20every neighbouring authority;”.

Section 68

SCHEDULE 13 Smoke control in England and Wales

Part 1 Principal amendments to the Clean Air Act 1993: England

1 25The Clean Air Act 1993 is amended as follows.

2 After section 19 insert—

““Regulation of smoke and fuel in smoke control areas in England

19A Penalty for emission of smoke in smoke control area in England

Schedule 1A makes provision for financial penalties in relation to the
30emission of smoke in smoke control areas in England.”

3 After Schedule 1 insert—

““Schedule 1A Penalty for emission of smoke in smoke control area in England

Key definitions

1 In this Schedule—

• 35“relevant chimney” means—

  Environment BillPage 187

  (a)

  a chimney of a building to which a smoke control
  order in England applies, or

  (b)

  a chimney which serves the furnace of any fixed
  boiler or industrial plant to which a smoke control
  5order in England applies;

• “person liable”, in relation to a relevant chimney, means—

  (a)

  if the chimney is the chimney of a building, the
  occupier of the building, or

  (b)

  if the chimney serves the furnace of any fixed boiler or
  10industrial plant, the person having possession of the
  boiler or plant.

Notice of intent

2 (1) This paragraph applies where a local authority is satisfied, on the
balance of probabilities, that on a particular occasion smoke has
15been emitted from a relevant chimney within a smoke control area
declared by that authority.

(2) The local authority may give to the person liable a notice under
this paragraph (a “notice of intent”).

(3) A notice of intent must—

(a) 20inform the person that the local authority is satisfied as
specified in sub-paragraph (1),

(b) specify the occasion referred to in sub-paragraph (1),

(c) inform the person that the local authority proposes to
impose a financial penalty under this Schedule (including
25the proposed amount of the penalty), and

(d) give details regarding the person’s right to object to the
imposition of a financial penalty.

Amount of penalty

3 (1) The minimum amount of a financial penalty that may be imposed
30under this Schedule is £175.

(2) The maximum amount of a financial penalty that may be imposed
under this Schedule is £300.

(3) The Secretary of State may by regulations amend sub-paragraph
(1) or (2) so as to substitute a different amount for the amount
35specified there.

(4) Regulations under sub-paragraph (3) may not be made unless a
draft of the regulations has been laid before, and approved by
resolution of, each House of Parliament.

Right to object to proposed financial penalty

4 (1) 40A person to whom a notice of intent is given may, within the
period of 28 days beginning with the day after that on which the
notice was given—

(a) object in writing to the local authority on a ground
specified in sub-paragraph (2), and

(b) provide evidence that supports the objection.

(2) The grounds of objection referred to in sub-paragraph (1) are—

(a) that there was no emission of smoke from the chimney on
the occasion specified in the notice of intent;

(b) 5that the chimney was not a chimney to which a smoke
control order applied on the occasion specified in the
notice of intent;

(c) that the person to whom the notice of intent was given was
not a person liable in relation to the chimney on the
10occasion specified in the notice of intent;

(d) that there are other compelling reasons why the financial
penalty should not be imposed.

(3) Where a person objects on the ground specified in sub-paragraph
(2)(c), the objection must include the name and address of the
15person who was the person liable on the occasion specified in the
notice of intent (if known).

(4) The Secretary of State may by regulations amend this paragraph
so as to amend the grounds of objection listed in sub-paragraph
(2).

(5) 20Before making regulations under sub-paragraph (4) the Secretary
of State must consult anyone that the Secretary of State considers
may have an interest in the proposed regulations.

(6) Regulations under sub-paragraph (4) may not be made unless a
draft of the regulations has been laid before, and approved by
25resolution of, each House of Parliament.

Decision regarding a final notice

5 (1) Where a local authority in England has given a notice of intent to
a person, the authority may impose a financial penalty on the
person if the local authority so decides within—

(a) 30the period of 56 days beginning with the day on which an
objection is made under paragraph 4, or

(b) if no such objection is made, the period of 56 days
beginning with the day after the day on which the period
mentioned in paragraph 4(1) ended.

(2) 35If the local authority decides not to impose a financial penalty on
a person, or does not decide to impose a financial penalty on the
person within the period specified in sub-paragraph (1), the
authority must give a notice to that person that informs the person
that a financial penalty will not be imposed.

40Final notice

6 (1) This paragraph applies where a local authority in England decides
to impose a financial penalty on a person who was given a notice
of intent.

(2) The local authority may impose a financial penalty by a notice
45given to that person (a “final notice”).

(3) A final notice must specify—

(a) the amount of the financial penalty,

(b) the reasons for imposing the penalty,

(c) information about how to pay the penalty,

(d) 5the period for payment of the penalty, and

(e) information about rights of appeal.

(4) The final notice must require the financial penalty to be paid
within the period of 28 days beginning with the day after that on
which the notice was given.

10Withdrawal or amendment of notices

7 (1) A local authority may at any time—

(a) withdraw a notice of intent or a final notice, or

(b) reduce the amount of the financial penalty specified in a
final notice.

(2) 15The power in sub-paragraph (1) is to be exercised by giving notice
to the person to whom the notice of intent or final notice was
given.

Appeals

8 (1) A person on whom a financial penalty is imposed by a final notice
20may, within the period of 28 days beginning with the day after
that on which the notice was given, appeal against the notice to the
First-tier Tribunal.

(2) The grounds for an appeal under this paragraph are that the
decision to impose the financial penalty was—

(a) 25based on an error of fact,

(b) wrong in law, or

(c) unreasonable.

(3) If a person appeals under this paragraph, the final notice is
suspended until the appeal is finally determined or withdrawn.

(4) 30On an appeal under this paragraph the First-tier Tribunal may—

(a) quash the final notice,

(b) confirm the final notice,

(c) vary the final notice by reducing the amount of the
financial penalty, or

(d) 35remit to the local authority the decision whether to—

(i) withdraw or confirm the final notice, or

(ii) vary the final notice by reducing the amount of the
financial penalty.

Recovery of penalties

9 40A financial penalty is recoverable as a civil debt due to the local
authority that imposed the penalty.