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

Cessation of designation

5.—(1) If in respect of a designated authority the Secretary of State is not satisfied—

(a) in relation to the matters referred to in regulation 4(2); or

(b) that regard is being had to any guidance he has issued pursuant to section 88,

he may, subject to paragraph (2), by notice served on the authority, revoke its designation.

(2) The Secretary of State shall not serve a notice under paragraph (1) unless he has by notice informed the authority—

(a) of his proposal to revoke the authority’s designation;

(b) of his reasons for proposing to revoke the designation; and

(c) that representations may be made to him about the proposed revocation before the end of such period as may be specified in the notice under this paragraph (being not less than 28 days beginning with the date of service of the notice).

(3) A notice under paragraph (1) shall specify the date on which the revocation is to take effect, and shall be accompanied by a statement of the Secretary of State’s reasons for revoking the designation.

(4) Where, in consequence of the revocation by a designated local authority of the order by virtue of which its area or part of it (as the case may be), is an air quality management area, no part of the authority’s area is an air quality management area, the authority shall cease to have the powers conferred under paragraph (3) of regulation 4, and its designation under paragraph (1) of that regulation shall be treated as revoked.