Environment Act 1995

80 National air quality strategy. E+W+S

(1) The Secretary of State shall as soon as possible prepare and publish a statement (in this Part referred to as “the strategy”) containing policies with respect to the assessment or management of the quality of air.

(2) The strategy may also contain policies for F1 ...—

[F2 (a) securing that any [F3 assimilated] obligation is met, or]

(b) [F4 the implementation of] international agreements to which the United Kingdom is for the time being a party,

so far as relating to the quality of air.

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Secretary of State—

(a) shall keep under review his policies with respect to the quality of air; and

(b) may from time to time modify the strategy.

[F6 (4A) The strategy must be reviewed, and if appropriate modified—

(a) within the period of 12 months beginning with the day on which this subsection comes into force, and

(b) within each period of 5 years beginning with the day on which the person carrying out the review completed their most recent review under this subsection.]

(5) Without prejudice to the generality of what may be included in the strategy, the strategy must include statements with respect to—

(a) standards relating to the quality of air;

(b) objectives for the restriction of the levels at which particular substances are present in the air; and

(c) measures which are to be taken by local authorities and other persons for the purpose of achieving those objectives.

(6) In preparing the strategy or any modification of it, the Secretary of State shall consult—

(a) the [F7 appropriate agency];

(b) such bodies or persons appearing to him to be representative of the interests of local government as he may consider appropriate;

(c) such bodies or persons appearing to him to be representative of the interests of industry as he may consider appropriate; and

(d) such other bodies or persons as he may consider appropriate.

(7) Before publishing the strategy or any modification of it, the Secretary of State—

(a) shall publish a draft of the proposed strategy or modification, together with notice of a date before which, and an address at which, representations may be made to him concerning the draft so published; and

(b) shall take into account any such representations which are duly made and not withdrawn.

[F8 (8) The Welsh Ministers may by regulations amend this section for the purpose of changing the period within which they must review the strategy.]

[F9 (9) Subsections (6) and (7) do not apply in relation to the Welsh Ministers.

(10) In reviewing the strategy, the Welsh Ministers must consult—

(a) the Natural Resources Body for Wales;

(b) every local authority in Wales;

(c) every Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;

(d) every National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006;

(e) every public services board (within the meaning of Part 4 of the Well-being of Future Generations (Wales) Act 2015);

(f) the Future Generations Commissioner for Wales‍;

(g) Transport for Wales; and

(h) the public.]

Textual Amendments

F1 Word in s. 80(2) omitted (31.12.2020) by virtue of The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 S. 80(2)(a) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in s. 80(2)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 36(2)(d)

F4 Words in s. 80(2)(b) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 S. 80(3) omitted (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 2(2) (with s. 144); S.I. 2022/48, reg. 4(c)

F6 S. 80(4A) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 2(3) (with s. 144); S.I. 2022/48, reg. 4(c)

F7 Words in s. 80(6)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 377 (with Sch. 7)

F8 S. 80(8) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 12(1), 30(2)(d)

F9 S. 80(9)(10) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 13, 30(2)(d)