Schedule 11: Local air quality management framework New section 81A: Functions of relevant public authorities
New section 81A applies a legislative requirement to certain relevant public authorities to co-operate with local authority air quality action planning, once the relevant public authority has been designated under subsection (3) below by the Secretary of State.
	Subsection (1) applies the duty to have regard to the National Air Quality Strategy when carrying out functions and services which might affect air quality to additional bodies who may be relevant to meeting air quality standards and objectives.
	Subsection (2) defines a "relevant public authority" as a body or person prescribed by the Secretary of State in regulations.
	Subsection (3) gives Secretary of State the power to designate a relevant public authority in England if it is determined that the person carries out functions of a public nature that are relevant to air quality in local authority areas.
	Subsection (4) ensures that the Secretary of State consults with both the person who is proposed to be designated as a relevant public authority and anyone else considered appropriate, ahead of making regulations that designate the relevant public body or bodies.
	Subsection (5) provide that the consultation requirement in inserted section 81A(4) of the Environment Act 1995 may be met by a consultation before this paragraph comes into force.
	Subsection (6) clarifies that references to England include the territorial sea adjacent to England, but not the territorial sea adjacent to Wales or Scotland.
	Paragraph 5 amends section 82 (local authority reviews) of the Environment Act 1995. Sub-paragraph (2) provides drafting to allow for the insertion of further subsections into that Act. Sub-paragraph (3) inserts new subsections (4), (5) and (6).
	New subsection (4) of section 82 replicates the former duty on local authorities to identify where air quality standards or objectives are not likely to be achieved within the "relevant period" (a period to be prescribed by regulations).
	New subsection (5) of section 82 provides that local authorities in England must also identify which sources of emissions they believe are responsible for failure to achieve air quality standards or objectives; identify neighbouring authorities who may be responsible for emissions; and identify other relevant public authorities or the Environment Agency who may be responsible for emissions.
	New subsection (6) of section 82 defines a source of pollution as relevant if it is: within the local authority; within a neighbouring local authority in England; or within an area where a relevant public authority has functions of a public nature and the local authority considers these functions as relevant to the source of the emissions.
	Paragraph 6 inserts new section 83A into the Environment Act 1995.