The Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) Regulations 2003

PART 2 DESIGNATION OF LOCAL AUTHORITIES

Application for designation

3.—(1) Where any part of the area of a local authority is for the time being designated as an air quality management area in accordance with section 83, that authority may apply to the National Assembly to be a designated local authority.

(2) An application under paragraph (1) must be in writing and must be accompanied by a copy of each of the following documents —

(a) the latest review it has conducted, and the latest assessment it has made, pursuant to section 82; and

(b) the order designating its air quality management area pursuant to section 83.

Designation

4.—(1) If the National Assembly, having received an application from a local authority under regulation 3, is satisfied as to the matters referred to in paragraph (2), it must, by an instrument in writing, designate that authority.

(2) The matters referred to in paragraph (1) are —

(a) that the emission of smoke and other vapours and substances from vehicles is such that it is, or is likely to become, significant in determining whether or not the air quality standards or objectives will be achieved within that authority’s area or, where part only of its area is for the time being designated as an air quality management area in accordance with section 83, that part; and

(b) that the authority will provide, or secure the provision of, proper and adequate training for persons who may be authorised by it for the purposes of these Regulations.

(3) A designated local authority may, in relation to its area or, where part only of its area is for the time being designated as an air quality management area in accordance with section 83, in relation to that part, exercise such of the powers conferred by the following provisions of these Regulations as relate to emissions offences.

Cessation of designation

5.—(1) If in respect of a designated authority the National Assembly 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 it has issued pursuant to section 88,

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

(2) The National Assembly must not serve a notice under paragraph (1) unless it has by notice informed the authority—

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

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

(c) that representations may be made to it 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) must specify the date on which the revocation is to take effect, and must be accompanied by a statement of the National Assembly’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 will thereby cease to have the powers conferred under paragraph (3) of regulation 4, and its designation under paragraph (1) of that regulation is to be treated as revoked.