Prospective

PART 1E+WAIR QUALITY

CHAPTER 2E+WOTHER PROVISION

Promoting active travelE+W

11Promoting active travel as a way of reducing or limiting air pollutionE+W

After section 10 of the Active Travel (Wales) Act 2013 (anaw 7) (duty to exercise functions under the Act to promote active travel) insert—

“10APromotion by Welsh Ministers of active travel as a way of reducing or limiting air pollution

(1)The Welsh Ministers must take steps to promote active travel as a way of reducing or limiting air pollution in Wales.

(2)The Welsh Ministers must publish a statement about the steps they propose to take in the performance of their duty under subsection (1).

(3)The Welsh Ministers must—

(a)publish the statement as soon as possible after the coming into force of this section, and

(b)keep the statement under review.

(4)The Welsh Ministers may revise the statement at any time, and if they do so they must publish the statement in its revised form.

(5)The Welsh Ministers must publish a report as soon as reasonably practicable after the end of each reporting period specifying what steps they have taken during that period in the performance of their duty under subsection (1).

(6)In subsection (5), “reporting period” means—

(a)the period of 3 years beginning with the day on which this section comes into force, and

(b)each subsequent period of 3 years.

(7)Subsection (5) does not prevent the Welsh Ministers from publishing additional reports specifying steps they have taken in the performance of their duty under subsection (1).

10BPromotion by local and other authorities of active travel as a way of reducing or limiting air pollution

(1)Local authorities must take steps to promote active travel as a way of reducing or limiting air pollution in their areas.

(2)Where a local authority submits an integrated network map to the Welsh Ministers for approval under section 4(9)(c), it must also publish a report specifying what steps it has taken in the performance of its duty under subsection (1) during—

(a)in the case of the first report required by this subsection, the period beginning with the coming into force of subsection (1) and ending with the submission of the map, and

(b)in the case of each subsequent report, the period since it last published a report under this subsection.

(3)The Welsh Ministers may by regulations made by statutory instrument—

(a)impose a duty on any public authority specified in the regulations to take steps to promote active travel as a way of reducing or limiting air pollution, and

(b)require the authority to publish reports, in respect of periods specified in the regulations, about the steps it has taken in the performance of its duty.

(4)Regulations under subsection (3) may specify a public authority only if the authority is a “devolved Welsh authority” within the meaning of section 157A(1)(a) of the Government of Wales Act 2006 (c. 32).

(5)Before specifying a public authority in regulations under subsection (3), the Welsh Ministers must consult the authority about the proposal.

(6)The power to make regulations under subsection (3) includes power to make transitional or saving provision.

(7)A statutory instrument containing regulations made under subsection (3) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, Senedd Cymru.

10CGuidance to authorities about their functions under section 10B

(1)The Welsh Ministers must give guidance to local authorities about the authorities’ performance of their duties under section 10B.

(2)The Welsh Ministers must also give guidance to any public authority specified in regulations made under section 10B(3) about the authority’s performance of its duties under the regulations.

(3)Before giving or revising guidance under this section, the Welsh Ministers must consult—

(a)the authority or authorities to which the guidance relates, and

(b)any other persons the Welsh Ministers consider appropriate.

(4)An authority given guidance under this section must have regard to it in performing its duties under section 10B or, as the case may be, regulations made under that section.”