Point in time view as at 14/04/2024. This version of this schedule contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Environment (Air Quality and Soundscapes) (Wales) Act 2024, SCHEDULE 1 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Prospective
(introduced by section 21)
1E+WThe Clean Air Act 1993 (c. 11) is amended as follows.
Commencement Information
I1Sch. 1 para. 1 not in force at Royal Assent, see s. 30(3)
2E+WIn the heading of Schedule 1A, after “IN ENGLAND” insert “OR WALES”.
Commencement Information
I2Sch. 1 para. 2 not in force at Royal Assent, see s. 30(3)
3E+WIn paragraph 1 of Schedule 1A (key definitions)—
(a)after the definition of “person liable” insert—
““relevant national authority” means—
in relation to a smoke control order in England, the Secretary of State;
in relation to a smoke control order in Wales, the Welsh Ministers;”
(b)in paragraphs (a) and (b) of the definition of “relevant chimney”, after “in England” insert “or in Wales”.
Commencement Information
I3Sch. 1 para. 3 not in force at Royal Assent, see s. 30(3)
4E+WIn paragraph 3 of Schedule 1A (amount of penalty)—
(a)in sub-paragraph (3), for “Secretary of State” substitute “relevant national authority”;
(b)in sub-paragraph (4), after “may not be made” insert “by the Secretary of State”;
(c)after sub-paragraph (4) insert—
“(5)Regulations under sub-paragraph (3) may not be made by the Welsh Ministers unless a draft of the regulations has been laid before, and approved by a resolution of, Senedd Cymru.”
Commencement Information
I4Sch. 1 para. 4 not in force at Royal Assent, see s. 30(3)
5E+WIn paragraph 4 of Schedule 1A (right to object to proposed financial penalty)—
(a)in sub-paragraph (4), for “Secretary of State” substitute “the relevant national authority”;
(b)in sub-paragraph (5), at both places it occurs, for “Secretary of State” substitute “the relevant national authority”;
(c)in sub-paragraph (6), after “may not be made” insert “by the Secretary of State”;
(d)after sub-paragraph (6) insert—
“(7)Regulations under sub-paragraph (4) may not be made by the Welsh Ministers unless a draft of the regulations has been laid before, and approved by resolution of, Senedd Cymru.”
Commencement Information
I5Sch. 1 para. 5 not in force at Royal Assent, see s. 30(3)
6E+WIn paragraph 5 of Schedule 1A (decision regarding a final notice), in the opening words of sub-paragraph (1), omit “in England”.
Commencement Information
I6Sch. 1 para. 6 not in force at Royal Assent, see s. 30(3)
7E+WIn paragraph 6 of Schedule 1A (final notice), in sub-paragraph (1), omit “in England”.
Commencement Information
I7Sch. 1 para. 7 not in force at Royal Assent, see s. 30(3)
8E+WThe Clean Air Act 1993 (c. 11) is amended as follows.
Commencement Information
I8Sch. 1 para. 8 not in force at Royal Assent, see s. 30(3)
9E+WIn Schedule 2 (smoke control orders: expenditure on old private dwellings)—
(a)omit paragraphs 1, 2 and 3;
(b)in paragraph 4(1), omit paragraphs (a) and (b);
(c)in paragraph 4(2), omit paragraphs (a) and (b).
Commencement Information
I9Sch. 1 para. 9 not in force at Royal Assent, see s. 30(3)
10The Clean Air Act 1993 is amended as follows.
Commencement Information
I10Sch. 1 para. 10 not in force at Royal Assent, see s. 30(3)
11In section 18 (declaration of smoke control area by local authority)—
(a)in subsection (2)(b), for the words from “section 20” to “in England)” substitute “Schedule 1A (penalty for emission of smoke in England or in Wales)”;
(b)in subsection (2A), after “England” insert “or in Wales (as the case may be)”.
Commencement Information
I11Sch. 1 para. 11 not in force at Royal Assent, see s. 30(3)
12Sections 20 to 23 (including the italic headings above sections 20 and 23) are repealed.
Commencement Information
I12Sch. 1 para. 12 not in force at Royal Assent, see s. 30(3)
13In section 24 (power of local authority to require adaptation of fireplaces in private dwellings), in subsection (1), for the words from “contraventions” to the end substitute “the imposition of a financial penalty under Schedule 1A (penalty for emission of smoke in England or Wales)”.
Commencement Information
I13Sch. 1 para. 13 not in force at Royal Assent, see s. 30(3)
14In section 26 (power of local authority to make grants towards adaptations to fireplaces in certain buildings), in subsection (1), for the words from “contraventions” to “England)” substitute “the imposition of a financial penalty under Schedule 1A (penalty for emission of smoke in England or Wales)”.
Commencement Information
I14Sch. 1 para. 14 not in force at Royal Assent, see s. 30(3)
15In section 27 (references to adaptations for avoiding contraventions of section 20 or Schedule 1A)—
(a)in the heading, omit “section 20 or”;
(b)in subsection (1)—
(i)in the opening words, for the words from “contraventions” to “England)” substitute “the imposition of a financial penalty under Schedule 1A (penalty for emission of smoke in England or Wales)”;
(ii)in the words after paragraph (e), omit “contraventions of section 20 or”;
(c)in subsection (3), omit “contraventions of section 20 of this Act or”.
Commencement Information
I15Sch. 1 para. 15 not in force at Royal Assent, see s. 30(3)
16In section 29 (interpretation of Part 3)—
(a)omit the definition of “authorised fuel”;
(b)after the definition of “smoke control order in England” insert—
““smoke control order in Wales” means a smoke control order made by a local authority in Wales.”
Commencement Information
I16Sch. 1 para. 16 not in force at Royal Assent, see s. 30(3)
17In section 45 (exemption for purposes of investigations and research)—
(a)in subsection (1)(a), omit “, 20 (smoke in smoke control area)”;
(b)in subsection (1)(e), for “section 23” substitute “section 19F”.
Commencement Information
I17Sch. 1 para. 17 not in force at Royal Assent, see s. 30(3)
18In section 51 (duty to notify occupiers of offences)—
(a)in subsection (1)(a), for “, 2 or 20” substitute “or 2”;
(b)in subsection (3), for “, 2 or 20” substitute “or 2”.
Commencement Information
I18Sch. 1 para. 18 not in force at Royal Assent, see s. 30(3)
19In section 61 (joint exercise of local authority functions), in subsection (3)(b) for “, Schedule 1 and paragraph 1 of Schedule 2” substitute “and Schedule 1”.
Commencement Information
I19Sch. 1 para. 19 not in force at Royal Assent, see s. 30(3)
20In section 63 (regulations and orders)—
(a)in subsection (2), after “made under this Act” insert “by the Secretary of State”;
(b)after subsection (2) insert—
“(2A)Any statutory instrument containing regulations made under this Act by the Welsh Ministers, except an instrument containing regulations a draft of which is required by section 6(3), 10(5) or 47(2) or paragraph 3(5) or 4(7) of Schedule 1A to be approved by a resolution of Senedd Cymru, is subject to annulment in pursuance of a resolution of Senedd Cymru.”
(c)in subsection (3), omit “, 21 or 22”.
Commencement Information
I20Sch. 1 para. 20 not in force at Royal Assent, see s. 30(3)
21In Schedule 1 (coming into operation of smoke control orders)—
(a)after paragraph 1 insert—
“1AIf the local authority is in Wales, it must also publish the notice electronically and keep it published throughout the period mentioned in paragraph 1(b).
(1BThe requirement in paragraph 1A to publish the notice electronically is a requirement to publish the notice on the local authority’s website, if it has one.”
(b)in paragraph 5, for the words from “section 20” to “in England)” substitute “Schedule 1A (penalty for emission of smoke in England or Wales)”;
(c)after paragraph 6A insert—
“6BWhen a local authority in Wales has made an order, the authority must—
(a)inform the Welsh Ministers that it has done so, and
(b)provide the date on which the order is to come, or came, into operation.”
Commencement Information
I21Sch. 1 para. 21 not in force at Royal Assent, see s. 30(3)
22In Schedule 5 (transitional provisions)—
(a)after paragraph 12 insert—
“12AIf the local authority is in Wales, it must also publish the notice electronically and keep it published throughout the period mentioned in paragraph 12(b)
“12BThe requirement in paragraph 12A to publish the notice electronically is a requirement to publish the notice on the local authority’s website, if it has one.”
(b)in paragraph 13, after “paragraph 12” insert ”and (if relevant) paragraph 12A”.
Commencement Information
I22Sch. 1 para. 22 not in force at Royal Assent, see s. 30(3)
23In the Environment Act 2021—
(a)in section 147(4) (commencement powers of Welsh Ministers), omit paragraph (f);
(b)Part 2 of Schedule 12 (principal amendments to the Clean Air Act 1993: Wales) is repealed.
Commencement Information
I23Sch. 1 para. 23 not in force at Royal Assent, see s. 30(3)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search. A point in time version is only available in English.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: