Citation, commencement and extent

1.—(1) These Regulations may be cited as the Air Quality (England) Regulations 2000 and shall come into force on the seventh day after the day on which they are made.

(2) These Regulations extend to England only.

Interpretation

2.—(1) In these Regulations, “the 1995 Act” means the Environment Act 1995.

(2) The provisions of the Schedule to these Regulations which follow the Table in that Schedule shall have effect for the purpose of the interpretation of that Schedule.

Relevant periods

3.—(1) The relevant period for the purposes of section 86(3) of the 1995 Act shall be, in relation to the preparation of an action plan to which that section applies, the period of 9 months beginning with the date on which the district council preparing the action plan first consults the relevant county council in relation to the plan pursuant to paragraph 1(2)(e) of Schedule 11 to the 1995 Act.

(2) The relevant period for the purposes of any other provision of Part IV of the 1995 Act(3) shall be, in relation to an air quality objective, the period beginning with the date on which these Regulations come into force and ending on the date set out in the third column of the Table in the Schedule which relates to that objective.

Air quality objectives

4.—(1) It is an air quality objective for each substance listed in the first column of the Table in the Schedule to these Regulations that the level at which that substance is present in the air is restricted to a level set out in the second column of that Table for that substance by no later than the date set out in the third column of that Table for that substance and level.

(2) The achievement or likely achievement of an air quality objective prescribed by paragraph (1) shall be determined by reference to the quality of air at locations–

(a)which are situated outside of buildings or other natural or man-made structures above or below ground; and

(b)where members of the public are regularly present.

Revocation

5.  The Air Quality Regulations 1997(4) are hereby revoked in so far as they extend to England.

Regulations 2(2), 3(2) and 4

SCHEDULEAIR QUALITY OBJECTIVES

Explanatory Note

(This note is not part of the Regulations)

Part IV of the Environment Act 1995 requires local authorities to review the quality of air within their area. The reviews have to consider the air quality for the time being and the likely future air quality during the “ relevant period” (a period to be prescribed by regulations). Such reviews have to be accompanied by an assessment of whether any prescribed air quality standards or objectives are being achieved or are likely to be achieved within the relevant period.

These Regulations prescribe the relevant period referred to above (regulation 3(2)) and set out the air quality objectives to be achieved by the end of that period (regulation 4 and the Schedule). The objectives are the same as those set out in the Air Quality Strategy for England, Scotland, Wales and Northern Ireland (CM4548, January 2000), published by the Secretary of State in accordance with section 80 of the 1995 Act.

Where any of the prescribed objectives are not likely to be achieved within any part of a local authority’s area within the relevant period, the authority concerned will have to designate that part of its area as an air quality management area (section 83(1) of the 1995 Act). An action plan covering the designated area will then have to be prepared setting out how the authority intends to exercise its powers in relation to the designated area in pursuit of the achievement of the prescribed objectives (section 84(2) of the 1995 Act). The Regulations prescribe the period within which a county council will have to submit proposals to a district council which is preparing an action plan within the county council’s area (regulation 3(1)).

These Regulations replace the provisions of the Air Quality Regulations 1997 in relation to England. The 1997 Regulations are therefore revoked to the extent that they apply to England.