Commentary on Sections Part 1 – Air quality Local air quality management Section 18 - Welsh Ministers’ powers of direction
96.Section 18 amends section 85 of the 1995 Act. Section 85(3) sets out the circumstances in which the Welsh Ministers may give a direction to a local authority to take the steps contained in the direction.
97.Section 18 inserts new paragraphs (e) and (f) into section 85(3). New section 85(3)(e) means that if a local authority in Wales has failed to carry out a measure specified in an action plan by the date specified in the plan in relation to that measure, the Welsh Ministers can direct the local authority to take specified steps. New section 85(3)(f) means that if an air quality standard or objective has not been achieved, within a designated area in Wales, by the date specified in the action plan as the date by which the standard or objective is expected to be achieved, the Welsh Ministers can, again, direct the relevant local authority to take specified steps.