81AFunctions 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).