Part IVE+W+S Air Quality

Modifications etc. (not altering text)

84 Duties of local authorities in relation to designated areas.E+W+S

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

(2)[F2Where an order under section 83 above comes into operation, the local authority which made the order shall] prepare, in accordance with the following provisions of this Part, a written plan (in this Part referred to as an “action plan”) for the exercise by the authority, in pursuit of the achievement of air quality standards and objectives in the designated area, of any powers exercisable by the authority.

(3)An action plan shall include a statement of the time or times by or within which the local authority in question proposes to implement each of the proposed measures comprised in the plan.

(4)A local authority may from time to time revise an action plan.

(5)This subsection applies in any case where the local authority preparing an action plan or a revision of an action plan is the council of a district in England which is comprised in an area for which there is a county council; and if, in a case where this subsection applies, the county council disagrees with the authority about the contents of the proposed action plan or revision of the action plan—

(a)either of them may refer the matter to the Secretary of State;

(b)on any such reference the Secretary of State may confirm the authority’s proposed action plan or revision of the action plan, with or without modifications (whether or not proposed by the county council) or reject it and, if he rejects it, he may also exercise any powers of his under section 85 below; and

(c)the authority shall not finally determine the content of the action plan, or the revision of the action plan, except in accordance with his decision on the reference or in pursuance of directions under section 85 below.

Textual Amendments

F1S. 84(1) repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 49(a), 61(2); S.S.I. 2014/160, art. 2(1)(2) and s. 84(1) omitted (E.W.) (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(q), Sch. 13 para. 7(a)

F2Words in s. 84(2) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 49(b), 61(2); S.S.I. 2014/160, art. 2(1)(2) and substituted (E.W.) (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(q), Sch. 13 para. 7(b)

Modifications etc. (not altering text)

C3S. 84 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. 5