Environment Act 2021

4 After section 81 insert—

“81A Functions of relevant public authorities etc

(1) The following persons must have regard to the strategy when exercising any function of a public nature that could affect the quality of air—

(a) relevant public authorities;

(b) local authorities in England;

(c) county councils for areas in England for which there are district councils.

(2) In this Part, “relevant public authority” means a person designated in accordance with subsection (3) as a relevant public authority in relation to an area in England.

(3) The Secretary of State may by regulations designate a person as a relevant public authority in relation to an area in England if the person’s functions include functions of a public nature in relation to that area.

(4) Before making regulations under subsection (3) the Secretary of State must consult—

(a) the person that is proposed to be designated, and

(b) such other persons as the Secretary of State considers appropriate.

(5) The requirement in subsection (4) may be met by consultation carried out before this section comes into force.

(6) For the purposes of subsections (2) and (3), reference to England includes the territorial sea adjacent to England, which for this purpose does not include—

(a) any part of the territorial sea which is adjacent to Wales for the purposes of the Government of Wales Act 2006 (see section 158 of that Act), or

(b) any part of the territorial sea which is adjacent to Scotland for the purposes of the Scotland Act 1998 (see section 126 of that Act).”