Commentary on Sections Part 1 – Air quality Promoting active travel Section 11 – Promoting active travel as a way of reducing or limiting air pollution
52.This section inserts three new sections, 10A, 10B and 10C, into the Active Travel (Wales) Act 2013 (anaw. 7) to create duties for the Welsh Ministers and local authorities to promote active travel as a way of reducing or limiting air pollution. These Explanatory Notes refer to the Active Travel (Wales) Act 2013 as “the 2013 Act”.
53.New section 10A of the 2013 Act sets out the Welsh Ministers’ duties in relation to promoting active travel. Subsection (1) places a duty on the Welsh Ministers to take steps to promote active travel as a way of reducing or limiting air pollution in Wales.
54.Subsections (2) and (3) require the Welsh Ministers to publish a statement about the steps they propose to take in the performance of their duty under subsection (1) as soon as possible after the coming into force of section 10A and to keep the statement under review.
55.Subsection (4) provides that the Welsh Ministers may revise the statement at any time and must publish the statement in its revised form.
56.Subsection (5) requires the Welsh Ministers to publish a report as soon as reasonably practicable after the end of each reporting period (as defined in subsection (6)) specifying the steps they have taken in the performance of their duty under subsection (1). The Welsh Ministers may also publish additional reports (see subsection (7)).
57.Subsection (6) explains that the “reporting period” is the period of 3 years beginning with the day on which section 10A comes into force and each subsequent period of 3 years.
58.New section 10B of the 2013 Act makes provision for the promotion by local and other authorities of active travel as a way of reducing or limiting air pollution.
59.Subsection (1) places a duty on local authorities to take steps to promote active travel as a way of reducing or limiting air pollution in their areas.
60.Subsection (2) provides that when a local authority submits an integrated network map to the Welsh Ministers under section 4(9)(c) of the 2013 Act, it must also publish a report specifying the steps it has taken in performance of its duty under subsection (1) during the period beginning with the coming into force of subsection (1) and ending with the submission of the map or, in the case of subsequent reports, the period since it last published a report under this subsection.
61.Subsection (3) provides that the Welsh Ministers may by regulations impose the duties to take steps to promote active travel as a way of reducing or limiting air pollution and to publish reports on the steps taken on any public authority specified in the regulations.
62.Subsection (4) provides that regulations under subsection (3) may only specify a public authority if it is a “devolved Welsh authority” within the meaning of section 157A(1)(a) of the Government of Wales Act 2006 (c. 32). Under subsection (5) the Welsh Ministers must consult an authority before specifying it in regulations made under subsection (3).
63.Subsections (6) and (7) make provision for the affirmative resolution procedure of Senedd Cymru to apply to regulations made under subsection (3) and for the power to make such regulations to include a power to make transitional or saving provision.
64.New section 10C of the 2013 Act makes provision in relation to guidance to be given to local and other authorities about their functions under new section 10B.
65.Subsections (1) and (2) place duties on the Welsh Ministers to give guidance to local authorities about the authorities’ performance of their duties under section 10B and to give guidance to any public authority specified in regulations made under section 10B(3) about the authority’s performance of its duties under the regulations.
66.Under subsection (3), before giving or revising guidance under section 10C, the Welsh Ministers must consult the authority or authorities to which the guidance relates and any other persons the Welsh Ministers consider appropriate.
67.Subsection (4) places a duty on any authority to which guidance is given under section 10C to have regard to it in performing its duties under section 10B or, as the case may be, under regulations made under section 10B.