Commentary on Sections Part 1 – Air quality Local air quality management Section 17 - Action plans in relation to air quality management areas
90.Section 17 inserts a new section 83B into the 1995 Act. This section applies in relation to local authorities in Wales, and in part re-enacts section 84 of the 1995 Act (duties of Scottish and Welsh local authorities in relation to designated areas) which is disapplied in relation to Welsh local authorities by section 17(2) of the Act.
91.New section 83B(2) requires a local authority to prepare an action plan in relation to a designated area and send a copy to the Welsh Ministers for approval. Section 83B(8) provides that the plan does not take effect unless it is approved by the Welsh Ministers.
92.Section 83B(3) requires an action plan to set out how the local authority will exercise its functions to secure that air quality standards and objectives are achieved in the area covered by the plan, and to specify, in relation to each standard and objective, a date by which the local authority will aim to achieve that standard or objective.
93.Section 83B(4) provides that an action plan must also set out how the local authority intends to exercise its functions to secure that air quality standards and objectives are maintained once they have been achieved in the area to which the plan relates. Section 83B(5) provides that an action plan must specify the particular measures to be taken to secure the achievement, and maintenance, of air quality standards and objectives in the area covered by the plan, and specify a date by which each measure will be carried out.
94.Section 83B(6) provides that a local authority may prepare revisions to an action plan at any time. However, the authority must revise an action plan if it considers that further or different measures need to be taken in order to achieve the air quality standards and objectives identified in the plan by the date set under section 83B(3)(b) and in order to maintain those standards and objectives in the area covered by the plan.
95.If an action plan is revised, section 83B(7) provides that the local authority must send copies of the revisions to the Welsh Ministers for approval. Under section 83B(8), the revision to the plan does not take effect unless it is approved by the Welsh Ministers.