Environment Act 1995

82 Local authority reviews. E+W+S

(1) Every local authority shall from time to time cause a review to be conducted of the quality for the time being, and the likely future quality within the relevant period, of air within the authority’s area.

(2) Where a local authority causes a review under subsection (1) above to be conducted, it shall also cause an assessment to be made of whether air quality standards and objectives are being achieved, or are likely to be achieved within the relevant period, within the authority’s area.

(3) [F1 This subsection applies to a local authority where], on an assessment under subsection (2) above, it appears that any air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the local authority’s areaF2 ...

[F3 (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.]

Textual Amendments

F1 Words in s. 82(3) substituted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 5(2)(a) (with s. 144); S.I. 2022/48, reg. 4(c)

F2 Words in s. 82(3) omitted (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 5(2)(b) (with s. 144); S.I. 2022/48, reg. 4(c)

F3 S. 82(4)-(6) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 5(3) (with s. 144); S.I. 2022/48, reg. 4(c)

Modifications etc. (not altering text)

C1 S. 82 functions made exercisable concurrently (E.W.) (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 3

C2 S. 82 functions made exercisable concurrently (E.W.) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 17