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SCHEDULES

SCHEDULE 11Local air quality management framework

5(1)Section 82 (local authority reviews) is amended as follows.

(2)In subsection (3)—

(a)for “If” substitute “This subsection applies to a local authority where”;

(b)omit the words from “, the local authority shall” to the end.

(3)After subsection (3) insert—

(4)Where subsection (3) applies to a local authority, it must identify any parts of its area in which it appears that air quality standards or objectives are not likely to be achieved within the relevant period.

(5)Where subsection (3) applies to a local authority in England, it must also—

(a)identify relevant sources of emissions that it considers are, or will be, responsible (in whole or in part) for any failure to achieve air quality standards or objectives in its area,

(b)in the case of a relevant source within the area of a neighbouring authority, identify that authority, and

(c)in the case of a relevant source within an area in relation to which a relevant public authority or the Agency has functions of a public nature, identify that person in relation to that source.

(6)For the purposes of subsection (5), a source is “relevant” if—

(a)it is within the area of the local authority,

(b)it is within the area of a neighbouring authority in England, or

(c)it is within an area in relation to which a relevant public authority or the Agency has functions of a public nature and the local authority considers that the exercise of those functions is relevant to the source of the emissions.