Modifications etc. (not altering text)
C1Pt. IV (ss. 80-91) amended (3.7.2000) by 1999 c. 29, s. 364 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
C2Pt. 4 applied (E.W.) (1.2.2005) by Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), arts. 1, 8(2)(a)
(1)The Secretary of State may issue guidance to local authorities with respect to, or in connection with, the exercise of any of the powers conferred, or the discharge of any of the duties imposed, on those authorities by or under this Part.
(2)A local authority, in carrying out any of its functions under or by virtue of this Part, shall have regard to any guidance issued by the Secretary of State under this Part.
(3)[F1This section] [F1Subsections (1) and (2)] shall apply in relation to county councils for areas for which there are district councils [F2, relevant public authorities and the Agency] as [F3it applies] [F3they apply] in relation to local authorities.
[F4(4)The Welsh Ministers may issue guidance to relevant Welsh public authorities with respect to, or in connection with, the exercise of any of the powers conferred, or the discharge of any of the duties imposed, on those authorities by section 81B or regulations made by the Welsh Ministers under this Part.
(5)A relevant Welsh public authority, in exercising those powers and discharging those duties, must have regard to any guidance issued under subsection (4).]
Textual Amendments
F1Words in s. 88(3) substituted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 14(3)(a)(i), 30(2)(d)
F2Words in s. 88(3) inserted (1.5.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 11 para. 12 (with s. 144); S.I. 2022/48, reg. 4(c)
F3Words in s. 88(3) substituted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 14(3)(a)(ii), 30(2)(d)
F4S. 88(4)(5) inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), ss. 14(3)(b), 30(2)(d)