Environment Act 2021

8 U.K. After section 85 insert—

“85A Duty of air quality partners to co-operate

(1) For the purposes of this Part, an “air quality partner” of a local authority means a person identified by that authority in accordance with section 82(5)(b) or (c).

(2) An air quality partner of a local authority must provide the authority with such assistance in connection with the carrying out of any of the authority’s functions under this Part as the authority requests.

(3) An air quality partner may refuse a request under subsection (2) to the extent it considers the request unreasonable.

85B Role of air quality partners in relation to action plans

(1) Where a local authority in England intends to prepare an action plan it must notify each of its air quality partners that it intends to do so.

(2) Where an air quality partner of a local authority has been given a notification under subsection (1) it must, before the end of the relevant period, provide the authority with proposals for particular measures the partner will take to contribute to the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates.

(3) An air quality partner that provides proposals under subsection (2) must—

(a) in those proposals, specify a date for each particular measure by which it will be carried out, and

(b) as far as is reasonably practicable, carry out those measures by those dates.

(4) An action plan prepared by a local authority in England must set out any proposals provided to it by its air quality partners under subsection (2) (including the dates specified by those partners by virtue of subsection (3)(a)).

(5) The Secretary of State may direct an air quality partner to make further proposals under subsection (2) by a date specified in the direction where the Secretary of State considers the proposals made by the partner under that subsection are insufficient or otherwise inappropriate.

(6) A direction under subsection (5) may make provision about the extent to which the further proposals are to supplement or replace any other proposals made under subsection (2) by the air quality partner.

(7) An air quality partner must comply with any direction given to it under this section.”

Commencement Information

I1 Sch. 11 para. 8 not in force at Royal Assent, see s. 147(3)

I2 Sch. 11 para. 8 in force at 1.5.2022 by S.I. 2022/48, reg. 4(c)