Commentary on Sections Part 1 – Air quality National air quality strategy Section 14 - Duty to have regard to strategy
75.Subsection (1) inserts new section 81B into the 1995 Act.
76.Subsection (1) of section 81B requires Welsh local authorities and relevant Welsh public authorities to have regard to the policies published by the Welsh Ministers in the national air quality strategy under section 80 of the 1995 Act when exercising any function of a public nature that could affect the quality of air in Wales.
77.Under subsections (2) and (3) of section 81B, a person is a “relevant Welsh public authority” if they have been designated as such by regulations made by the Welsh Ministers.
78.However, the Welsh Ministers may only designate a person as a “relevant Welsh public authority” if they meet the definition of “devolved Welsh authority” in section 157A(1)(a) of the Government of Wales Act 2006. This means a person can only be designated if they are a public authority (i) whose functions are exercisable only in relation to Wales, and (ii) are wholly or mainly functions that do not relate to reserved matters. Public authority is defined in section 157(A)(8) of the Government of Wales Act 2006 as “a body, office or holder of an office that has functions of a public nature”.
79.Subsection (4) of section 81B provides that before making regulations under subsection (3) of section 81B, the Welsh Ministers must consult the person who is proposed to be designated as a “relevant Welsh public authority” and such other persons as the Welsh Ministers consider appropriate.
80.Section 14(2) amends section 87(2) of the 1995 Act (regulations for the purposes of Part 4) to add references to “relevant Welsh public authority” where appropriate in that subsection.
81.Section 14(3) amends section 88 of the 1995 Act (guidance for the purposes of Part 4). It inserts new subsections (4) and (5) into section 88. New subsection (4) provides the Welsh Ministers with the power to issue guidance to relevant Welsh public authorities in relation to the discharge of any duties placed on them by virtue of section 81B of the 1995 Act or regulations made by the Welsh Ministers under Part 4 of that Act. New subsection (5) places a duty on relevant Welsh public authorities to have regard to guidance published by Welsh Ministers under new subsection (4) when exercising any powers or discharging any duties to which the guidance relates.
82.Subsection (4) amends section 91 of the 1995 Act (interpretation of Part 4) to add a reference to relevant Welsh public authority, stating it has the meaning set out in section 81B(2).