The Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002

Designation

4.—(1) If the Secretary of State, having received an application from a local authority under regulation 3, is satisfied as to the matters referred to in paragraph (2), he shall, by an instrument in writing, designate that authority.

(2) The matters referred to in paragraph (1) are—

(a) that the emission of smoke and other vapours and substances from vehicles is such that it is, or is likely to become, significant in determining whether or not the air quality standards or objectives will be achieved within that authority’s area or, where part only of its area is for the time being designated as an air quality management area in accordance with section 83, that part; and

(b) that the authority will provide, or secure the provision of, proper and adequate training for persons who may be authorised by it for the purposes of these Regulations.

(3) A designated local authority may, in relation to its area or, where part only of its area is for the time being designated as an air quality management area in accordance with section 83, in relation to that part, exercise such of the powers conferred by the following provisions of these Regulations as relate to emissions offences.