The Air Quality (Designation of Relevant Public Authorities) (England) Regulations 2022

Statutory Instruments

2022 No. 1292

Environmental Protection

The Air Quality (Designation of Relevant Public Authorities) (England) Regulations 2022

Made

6th December 2022

Coming into force

7th December 2022

The Secretary of State makes these Regulations in exercise of the powers conferred by section 81A(3) of the Environment Act 1995(1) (“the Act”).

In accordance with sections 81A(4) and 87(7) of the Act, the Secretary of State has consulted National Highways, the Environment Agency, and such other persons as the Secretary of State considered appropriate.

A draft of this instrument has been approved by a resolution of each House of Parliament pursuant to section 87(8) of the Act.

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Air Quality (Designation of Relevant Public Authorities) (England) Regulations 2022.

(2) They come into force on the day after the day on which they are made.

(3) They extend to England and Wales but apply in relation to England only.

Interpretation

2.  In these Regulations, “ National Highways” means National Highways Limited (Company No. 9346363), a strategic highways company appointed under section 1 of the Infrastructure Act 2015, which is a company registered in England and Wales and whose Registered Office is Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ.

Designation of relevant public authority

3.  National Highways is designated as a relevant public authority in relation to the whole of England for the purposes of Part 4 of the Environment Act 1995.

Rebecca Pow

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

6th December 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations designate National Highways as a relevant public authority for the purposes of Part 4 of the Environment Act 1995 (c. 25) (“the Act”), as amended by the Environment Act 2021 (c. 30).

Designation as a relevant public authority confers on National Highways duties to have regard to the national air quality strategy under Part 4 of the Act when exercising any function of a public nature that could affect air quality, and to act as an air quality partner of a local authority where it has been identified by that authority as having functions in relation to a source of emissions contributing to a failure to achieve air quality standards or objectives in its area.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sectors is foreseen.

(1)

1995 c. 25. Section 81A was inserted, and other amendments to Part 4 were made, by Schedule 11 to the Environment Act 2021 (c. 30).