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Part IXU.K. Environmental functions

Air qualityU.K.

367 Directions under the Environment Act 1995.E+W+S

(1)Section 85 of the M1Environment Act 1995 (reserve powers of the Secretary of State in relation to air quality) shall be amended in accordance with [F1subsections (2) to (5)]below.

(2)In subsection (1) (definition of “appropriate authority” for the purposes of the section)—

(a)in paragraph (a), for “England and Wales, the Secretary of State; and” there shall be substituted “ local authorities in England and Wales other than local authorities in Greater London, the Secretary of State; ”, and

(b)after that paragraph there shall be inserted—

(aa)in relation to local authorities in Greater London, the Mayor of London; and.

(3)After subsection (4) there shall be inserted—

(4A)The powers of the Mayor of London to give directions under this section to a local authority in Greater London may only be exercised after consultation with the local authority concerned.

(4B)In exercising any function under subsection (2), (3) or (4) above the Mayor of London shall have regard to any guidance issued by the Secretary of State to local authorities under section 88(1) below.

(4)In subsection (5) (power of the Secretary of State to give directions relating to obligations under the [F2EU] Treaties or to international obligations) after “local authorities” there shall be inserted “ , other than local authorities in Greater London, ”.

(5)After subsection (6) (publishing of directions under the section) there shall be inserted—

(6A)The Mayor of London shall send a copy of any direction he gives under this section to the Secretary of State.

Textual Amendments

F1Words in s. 367(1) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch 1 Pt. I para. 9

Marginal Citations