32.—(1) For the purpose of this Regulation a transboundary pollution issue arises when any of the following is exceeded within any part of [F1the United Kingdom or] a member State due to significant transport of air pollutants or their precursor substances from [F2any other part of those territories]—
(a)a limit value or target value together with any relevant margin of tolerance;
(b)an alert threshold;
(c)a long-term objective.
(2) The relevant administration must notify the Secretary of State where any transboundary pollution issue affects their territory.
(3) Where the Secretary of State—
(a)considers that a transboundary pollution issue has arisen in England;
(b)is notified under paragraph (2); or
(c)is notified by [F3a] member state as to a transboundary pollution issue in their territory which arises from the United Kingdom,
the Secretary of State must consult the relevant [F4administration and may consult the relevant] member State as to any remedial action that might be appropriate.
(4) The Secretary of State must inform any relevant administration affected of any notification from [F5a] member State and consult the relevant administration about any action he proposes to take.
(5) Where information or alert thresholds are exceeded in locations close to the border of the United Kingdom—
(a)any relevant administration affected must inform the Secretary of State,
(b)the Secretary of State must provide prompt information in relation to England or as provided by the relevant administration under paragraph (a), as the case may be, to [F6any other relevant administration;]
[F7(c)the Secretary of State may provide information provided under this paragraph to any member State as is considered appropriate.]
Textual Amendments
F1Words in reg. 32(1) inserted (31.12.2020) by The Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (S.I. 2019/74), regs. 2(b), 4(8)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 32(1) substituted (31.12.2020) by The Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (S.I. 2019/74), regs. 2(b), 4(8)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in reg. 32(3)(c) substituted (31.12.2020) by The Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (S.I. 2019/74), regs. 2(b), 4(8)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 32(3) inserted (31.12.2020) by The Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (S.I. 2019/74), regs. 2(b), 4(8)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in reg. 32(4) substituted (31.12.2020) by The Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (S.I. 2019/74), regs. 2(b), 4(8)(c); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in reg. 32(5)(b) substituted (31.12.2020) by The Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (S.I. 2019/74), regs. 2(b), 4(8)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)