Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc2)

Prospective

SCHEDULE 1 E+W SMOKE CONTROL

PART 1 E+W FURTHER PROVISION IN RELATION TO FINANCIAL PENALTIES

1 E+W The Clean Air Act 1993 (c. 11) is amended as follows.

Commencement Information

I1 Sch. 1 para. 1 not in force at Royal Assent, see s. 30(3)

2 E+W In the heading of Schedule 1A, after “IN ENGLAND” insert “OR WALES”.

Commencement Information

I2 Sch. 1 para. 2 not in force at Royal Assent, see s. 30(3)

3 E+W In paragraph 1 of Schedule 1A (key definitions)—

(a) after the definition of “person liable” insert—

• ““relevant national authority” means—

  (a)

  in relation to a smoke control order in England, the Secretary of State;

  (b)

  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

I3 Sch. 1 para. 3 not in force at Royal Assent, see s. 30(3)

4 E+W In 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

I4 Sch. 1 para. 4 not in force at Royal Assent, see s. 30(3)

5 E+W In 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

I5 Sch. 1 para. 5 not in force at Royal Assent, see s. 30(3)

6 E+W In paragraph 5 of Schedule 1A (decision regarding a final notice), in the opening words of sub-paragraph (1), omit “in England”.

Commencement Information

I6 Sch. 1 para. 6 not in force at Royal Assent, see s. 30(3)

7 E+W In paragraph 6 of Schedule 1A (final notice), in sub-paragraph (1), omit “in England”.

Commencement Information

I7 Sch. 1 para. 7 not in force at Royal Assent, see s. 30(3)