Environment Act 1995

86 Functions of county councils for areas for which there are district councils. E+W+S

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F2 A county council for an area in England for which there are district councils may make recommendations to any of those district councils with respect to the carrying out of—]

(a) any particular air quality review,

(b) any particular assessment under section 82 [F3 or 84] above, or

(c) the preparation of any particular action plan or revision of an action plan,

and the district council shall take into account any such recommendations.

[F4 (2A) Where a district council of a district in England for which there is a county council intends to prepare an action plan it must notify the county council that it intends to do so.]

[F5 (3) Where a county council has been given a notification by a district council under subsection (2A) it must, before the end of the relevant period, provide the district council with proposals for particular measures the county council will take to contribute to the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates.

(4) A county council that provides proposals under subsection (3) 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.

(5) An action plan prepared by a district council of a district in England for which there is a county council must set out any proposals provided to it by the county council under subsection (3) (including the dates specified by the county council by virtue of subsection (4)(a)).]

(6) If it appears to the Secretary of State—

(a) that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the area of a district council [F6 of a district in England for which there is a county council],

(b) that the county council has failed to discharge any duty imposed on it under or by virtue of this Part,

(c) that the actions, or proposed actions, of the county council in purported compliance with the provisions of this Part are inappropriate in all the circumstances of the case, or

(d) that developments in science or technology, or material changes in circumstances, have rendered inappropriate the actions or proposed actions of the county council in pursuance of this Part,

the Secretary of State may give directions to the county council requiring it to take such steps as may be specified in the directions.

(7) Without prejudice to the generality of subsection (6) above, directions under that subsection may, in particular, require the county council—

(a) to submit, in accordance with the directions, proposals pursuant to subsection (3) F7 ... ;

(b) to modify, in accordance with the directions, any proposals F8 ... submitted by the county council pursuant to subsection (3) F9 ... ;

(c) to submit any proposals F10 ... so modified to the district council in question pursuant to subsection (3) F11 ... ; or

(d) to implement, in accordance with the directions, any measures included in an action plan.

(8) The Secretary of State shall also have power to give directions to county councils for areas for which there are district councils requiring them to take such steps specified in the directions as he considers appropriate F12 ...—

[F13 (a) for securing that any retained EU obligation is met, or]

(b) [F14 for the implementation of] any international agreement to which the United Kingdom is for the time being a party,

so far as relating to the quality of air.

(9) Any direction given under this section shall be published in such manner as the Secretary of State considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by them; and—

(a) copies of the direction shall be made available to the public; and

(b) notice of the giving of the direction, and of where a copy of the direction may be obtained, shall be given in the London Gazette.

(10) It is the duty of a county council for an area for which there are district councils to comply with any direction given to it under or by virtue of this Part.

Textual Amendments

F1 S. 86(1) omitted (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(2) (with s. 144); S.I. 2022/48, reg. 4(c)

F2 Words in s. 86(2) substituted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(3) (with s. 144); S.I. 2022/48, reg. 4(c)

F3 Words in s. 86(2)(b) omitted (E.W.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(q), Sch. 13 para. 8(2)(a)

F4 S. 86(2A) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(4) (with s. 144); S.I. 2022/48, reg. 4(c)

F5 S. 86(3)-(5) substituted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(5) (with s. 144); S.I. 2022/48, reg. 4(c)

F6 Words in s. 86(6)(a) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(6) (with s. 144); S.I. 2022/48, reg. 4(c)

F7 Words in s. 86(7)(a) omitted (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(7)(a) (with s. 144); S.I. 2022/48, reg. 4(c)

F8 Words in s. 86(7)(b) omitted (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(7)(b)(i) (with s. 144); S.I. 2022/48, reg. 4(c)

F9 Words in s. 86(7)(b) omitted (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(7)(b)(ii) (with s. 144); S.I. 2022/48, reg. 4(c)

F10 Words in s. 86(7)(c) omitted (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(7)(c)(i) (with s. 144); S.I. 2022/48, reg. 4(c)

F11 Words in s. 86(7)(c) omitted (1.5.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 9(7)(c)(ii) (with s. 144); S.I. 2022/48, reg. 4(c)

F12 Words in s. 86(8) omitted (31.12.2020) by virtue of The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(8)(a) (with reg. 8(1)(2)) (as amended by S.I. 2020/1540, regs. 1(3), 12(5)); 2020 c. 1, Sch. 5 para. 1(1)

F13 S. 86(8)(a) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(8)(b) (with reg. 8(1)(2)) (as amended by S.I. 2020/1540, regs. 1(3), 12(5)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in s. 86(8)(b) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 3(8)(c) (with reg. 8(1)(2)) (as amended by S.I. 2020/1540, regs. 1(3), 12(5)); 2020 c. 1, Sch. 5 para. 1(1)