Schedule 11: Local air quality management framework New section 85B Role of air quality partners in relation to action plans
Subsection (1) places a duty on local authorities in England to notify all of their identified air quality partners if they intend to prepare an action plan.
	Subsection (2) places a duty on air quality partners to propose measures for inclusion in the plan they will take to contribute to achievement or maintenance of air quality standards. It is for the air quality partner to propose measures they deem reasonable taking into account their wider legal responsibilities, disproportionate cost and feasibility.
	Subsection (3) provides that an air quality partner should specify a date by when they will carry out the measures they have proposed and, as far as possible, meet those commitments.
	Subsection (4) requires action plans to include the proposals and dates provided by air quality partners.
	Subsection (5) provides for the Secretary of State to direct air quality partners to make further proposals for action by a date specified by the Secretary of State where existing proposals are considered insufficient. This is a last resort measure, and is limited to directing that an air quality partner propose further actions; it does not give the Secretary of State the power to determine the measures the air quality partner will take. This power of direction would not be utilised unilaterally by the Secretary of State where a relevant public body falls under the governance of another government department – agreement with the relevant government department would be sought. If agreement was reached that ministerial direction was necessary, the lead department could legitimately opt to use existing governance structures instead.
	Subsection (6) sets out that directions given under subsection (5) may specify the extent to which further proposals are designed to augment or replace existing actions proposed by air quality partners. So a direction could require the partner to go further in respect of a particular action it intends to take, such as extending its scope, or it could ask the partner to come up with new measures.
	Subsection (7) requires air quality partners to comply with directions as above.
	Paragraph 9 amends section 86 of the Environment Act 1995.
	Paragraph 9(2) omits subsection (1) relating to the role of district and county councils, which is now covered in new section 83A.
	Paragraph 9(3) sets out that county councils may make recommendations to district councils in respect of meeting air quality objectives.
	Paragraph 9(4) inserts new subsection (2A) into section 86, providing that district councils in areas of England where there is a county council must inform county councils if they intend to prepare an action plan.
	Paragraph 9(5) substitutes subsections (3) to (5) of section 86. New subsection (3) provides that if, as above, a county council has been informed of a district council’s intention to prepare an action plan, the county council should propose measures that they will take to help secure the achievement and maintenance of air quality standards and objectives in the local authority’s area. New subsection (4) sets out proposals should have a date specified for the carrying out of the measures and, as far as possible, those dates should be met. New subsection (5) sets out district councils should incorporate county council proposals and dates in their action plans.
	Paragraph 9(6) applies the definition of a district council to England.
	Paragraph 9(7) makes consequential amendments.
	Paragraph 10 substitutes section 86A in the Environment Act 1995 with new sections 86A and 86B.