Section 85B: Role of air quality partners in relation to action plans

Environment Act 1995 · 1995 c. 25View on legislation.gov.uk

Part IV: Air Quality

Where a local authority in England intends to prepare an action plan it must notify each of its air quality partners that it intends to do so.

Where an air quality partner of a local authority has been given a notification under subsection (1) it must, before the end of the relevant period, provide the authority with proposals for particular measures the partner will take to contribute to the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates.

An air quality partner that provides proposals under subsection (2) must—

in those proposals, specify a date for each particular measure by which it will be carried out, and
as far as is reasonably practicable, carry out those measures by those dates.

An action plan prepared by a local authority in England must set out any proposals provided to it by its air quality partners under subsection (2) (including the dates specified by those partners by virtue of subsection (3)(a)).

The Secretary of State may direct an air quality partner to make further proposals under subsection (2) by a date specified in the direction where the Secretary of State considers the proposals made by the partner under that subsection are insufficient or otherwise inappropriate.

A direction under subsection (5) may make provision about the extent to which the further proposals are to supplement or replace any other proposals made under subsection (2) by the air quality partner.

An air quality partner must comply with any direction given to it under this section.

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