- Latest available (Revised)
- Point in Time (01/02/2005)
- Original (As enacted)
Version Superseded: 22/04/2011
Point in time view as at 01/02/2005. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Environment Act 1995, Section 86 is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)This section applies in any case where a district in England for which there is a district council is comprised in an area for which there is a county council; and in this paragraph—
(a)any reference to the county council is a reference to the council of that area; and
(b)any reference to a district council is a reference to the council of a district comprised in that area.
(2)The county council may make recommendations to a district council with respect to the carrying out of—
(a)any particular air quality review,
(b)any particular assessment under section 82 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.
(3)Where a district council is preparing an action plan, the county council shall, within the relevant period, submit to the district council proposals for the exercise (so far as relating to the designated area) by the county council, in pursuit of the achievement of air quality standards and objectives, of any powers exercisable by the county council.
(4)Where the county council submits proposals to a district council in pursuance of subsection (3) above, it shall also submit a statement of the time or times by or within which it proposes to implement each of the proposals.
(5)An action plan shall include a statement of—
(a)any proposals submitted pursuant to subsection (3) above; and
(b)any time or times set out in the statement submitted pursuant to subsection (4) above.
(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,
(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) above or a statement pursuant to subsection (4) above;
(b)to modify, in accordance with the directions, any proposals or statement submitted by the county council pursuant to subsection (3) or (4) above;
(c)to submit any proposals or statement so modified to the district council in question pursuant to subsection (3) or (4) above; 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 for the implementation of—
(a)any obligations of the United Kingdom under the Community Treaties, or
(b)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.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: