Local Air Quality Management Bill
[AS INTRODUCED]
Contents
Air quality
- Implementation of Directive
- Air quality strategy
- District council reviews
- Designation of air quality management areas
- Further provisions in relation to designated areas
- Reserve powers
- Regulations
- Recommendations and guidance
- Supplemental provisions and miscellaneous amendments
- Financial assistance
- Powers of enforcing authorities and persons authorised by them
- Offences
- Disclosure of information
- Power to give effect to Community and other international obligations, etc.
- Offences by bodies corporate
- Offences under this Act due to fault of others
- Application to Crown
- Regulations and directions
- Interpretation
- Short title
General
Schedules:
Schedule 1 Air quality: Supplemental provisions
Schedule 2 Supplemental provisions with respect to powers of entry.
A
BILL
TO
Make provision for implementing Council Directive 96/62 EC and for otherwise preventing and controlling air pollution; and for connected purposes.
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
Air quality
Implementation of Directive
1. This Act contains provision for the purposes of implementing Council Directive 96/62 EC on air quality assessment and management.
Air quality strategy
2.¾ (1) The Department shall as soon as possible prepare and publish a statement (in this Act referred to as "the strategy") containing policies with respect to the assessment or management of the quality of air.
(2) Without prejudice to anything contained in this section, the Department may, in the exercise of its functions under this section, co-operate with the Secretary of State in the exercise of his functions under section 80 of the Environment Act 1995 (c. 25).
(3) The strategy may also contain policies for implementing¾
(a)obligations of the United Kingdom under the Community Treaties, or
(b)international agreements to which the United Kingdom is for the time being a party,
so far as relating to the quality of air.
(4) The strategy shall consist of¾
(a)a statement which relates to the whole of Northern Ireland; or
(b)part of a joint statement, made with the Secretary of State, which¾
(i)relates to the whole or part of the United Kingdom; and
(ii)includes any strategy made by the Secretary of State under section 80 of the Environment Act 1995 (c. 25).
(5) The Department¾
(a)shall keep under review its policies with respect to the quality of air; and
(b)may from time to time modify the strategy.
(6) Without prejudice to the generality of what may be included in the strategy, the strategy shall include statements with respect to¾
(a)standards relating to the quality of air;
(b)objectives for the restriction of the levels at which particular substances are present in the air; and
(c)measures which are to be taken by relevant authorities and other persons for the purpose of achieving those objectives.
(7) In preparing the strategy or any modification of it, the Department shall consult¾
(a)relevant authorities;
(b)such bodies or persons appearing to it to be representative of the interests of industry as it may consider appropriate; and
(c)such other bodies or persons as it may consider appropriate.
(8) Before publishing the strategy or any modification of it, the Department shall¾
(a)publish a draft of the proposed strategy or modification, together with notice of a date before which, and an address at which, representations may be made to it concerning the draft so published; and
(b)take into account any such representations which are duly made and not withdrawn.
District council reviews
3.¾ (1) Each district council shall from time to time cause a review to be conducted of the quality for the time being, and the likely future quality within the relevant period, of air within the council's district.
(2) Where a district council causes a review under subsection (1) to be conducted, it shall also cause an assessment to be made of whether air quality standards and objectives are being achieved, or are likely to be achieved within the relevant period, within the council's district.
(3) If, on an assessment under subsection (2), it appears that any air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the district council's district, the council shall identify any parts of its district in which it appears that those standards or objectives are not likely to be achieved within the relevant period.
Designation of air quality management areas
4.¾ (1) Where, as a result of an air quality review, it appears that any air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the district of a district council, the council shall by order designate as an air quality management area (in this Act referred to as a "designated area") all or any part of its district in which it appears that those standards or objectives are not being achieved, or are not likely to be achieved within the relevant period.
(2) An order under this section shall identify the designated area and shall be in such form as may be prescribed.
(3) A district council shall after making an order under this section cause to be published in the Belfast Gazette and once at least in each of two successive weeks in more than one newspaper circulating in the district to which the order relates a notice¾
(a)stating that the order has been made, and its general effect; and
(b)specifying a place in the district of the council where a copy of the order and of any map or plan referred to therein may be inspected by any person free of charge at all reasonable times.
(4) An order under this section may, as a result of a subsequent air quality review,¾
(a)be varied by a subsequent order; or
(b)be revoked by such an order, if it appears on that subsequent air quality review that the air quality standards and objectives are being achieved, and are likely throughout the relevant period to be achieved, within the designated area,
and subsections (2) and (3) also apply to an order made under paragraph (a) or (b).
Further provisions in relation to designated areas
5.¾ (1) Where an order under section 4 comes into operation, the district council which made the order shall, for the purpose of supplementing such information as it has in relation to the designated area in question, cause an assessment to be made of¾
(a)the quality for the time being, and the likely future quality within the relevant period, of air within the designated area to which the order relates; and
(b)the respects (if any) in which it appears that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within that designated area.
(2) A district council which is required by subsection (1) to cause an assessment to be made shall also¾
(a)prepare, before the expiration of the period of twelve months beginning with the coming into operation of the order mentioned in that subsection, a report of the results of that assessment; and
(b)prepare, in accordance with the following provisions, a written plan (in this Act referred to as an "action plan") for the exercise by the council, in pursuit of the achievement of air quality standards and objectives in the designated area, of any powers exercisable by the council.
(3) A district council shall, before finally determining the content of the action plan, send to the Department and each relevant authority¾
(a)a copy of any order (together with any map or plan referred to therein) made by it under section 4;
(b)a copy of the results of the assessment mentioned in subsection (1);
(c)a copy of the report mentioned in subsection (2)(a); and
(d)a copy of the proposed action plan.
(4) Where a relevant authority has received the proposed action plan under subsection (3), it shall, within the relevant period, submit to the district council¾
(a)proposals for the exercise (so far as relating to the designated area) by the authority, in order to comply with or in pursuit of the achievement of air quality standards and objectives, of any powers exercisable by the authority; and
(b)a statement of the time by which it proposes to implement each of the proposals.
(5) Subject to subsection (8), an action plan shall, in addition to the measures proposed by the district council under subsection (2)(b), also include a statement of¾
(a)the proposals submitted pursuant to subsection (4)(a);
(b)the times set out in the statement submitted pursuant to subsection (4)(b);
(c)the time by which the district council in question proposes to implement each of the measures proposed by it comprised in the plan.
(6) Subject to subsection (7), a district council may from time to time revise an action plan.
(7) Before a district council revises an action plan under subsection (6), it shall provide the Department and each relevant authority with a copy of the proposed revision, and subsections (4) and (5) shall apply to a revision of the action plan as they apply to the making of the action plan.
(8) Where a relevant authority disagrees with a district council about the contents of a proposed action plan or revision of an action plan¾
(a)either of them may refer the matter to the Department;
(b)on any such reference the Department may confirm the council's proposed action plan or revision of the action plan, with or without modifications (whether or not proposed by the authority) or reject it and, if it rejects it, it may also exercise any of its powers under section 6; and
(c)the council shall not finally determine the content of the action plan, or the revision of the action plan, except in accordance with the Department's decision on the reference or in pursuance of directions under section 6.
(9) When the content of the action plan or the revision of the action plan is finally determined, the district council shall send a copy of the action plan or revision of the action plan to the Department and each relevant authority.
Reserve powers
6.¾ (1) The Department may conduct or make, or cause to be conducted or made¾
(a)a review of the quality for the time being, and the likely future quality within the relevant period, of air within the district of any district council;
(b)an assessment of whether air quality standards and objectives are being achieved, or are likely to be achieved within the relevant period, within the district of a district council;
(c)an identification of any parts of the district of a district council in which it appears that those standards or objectives are not likely to be achieved within the relevant period; or
(d)an assessment of the respects (if any) in which it appears that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the district of a district council or within a designated area.
(2) Where the Department exercises any of its powers under subsection (1) in respect of the district of any district council, it may recover the reasonable expenses incurred by it in the exercise of such powers from that council.
(3) If it appears to the Department¾
(a)that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the district of a district council;
(b)that a district council has failed to discharge any duty imposed on it under this Act;
(c)that the actions, or proposed actions, of a district council in purported compliance with the provisions of this Act are inappropriate in all the circumstances of the case; or
(d)that developments in science or technology, or material changes in circumstances, have rendered inappropriate the actions or proposed actions of a district council in pursuance of this Act,
the Department may give directions to the district council requiring it to take such steps as may be specified in the directions.
(4) Without prejudice to the generality of subsection (3), directions under that subsection may, in particular, require a district council¾
(a)to cause an air quality review to be conducted under section 3 in accordance with the directions;
(b)to cause an air quality review under section 3 to be conducted afresh, whether in whole or in part, or to be so conducted with such differences as may be specified or described in the directions;
(c)to make an order under section 4 designating as an air quality management area an area specified in, or determined in accordance with, the directions;
(d)to revoke, or modify in accordance with the directions, any order under that section;
(e)to prepare in accordance with the directions an action plan for a designated area;
(f)to modify, in accordance with the directions, any action plan prepared by the council; or
(g)to implement, in accordance with the directions, any measures in an action plan.
(5) The Department shall also have power to give directions to district councils requiring them to take such steps specified in the directions as the Department considers appropriate for the implementation of¾
(a)any obligations of the United Kingdom under the Community Treaties, or
(b)any international agreement to which the United Kingdom is for the time being a party,
so far as relating to the quality of air.
(6) The Department shall after giving any direction under this section cause to be published in the Belfast Gazette and once at least in each of two successive weeks in more than one newspaper circulating in the district to which the direction relates a notice¾
(a)stating that the direction has been given and its general effect; and
(b)specifying a place in the district of the council where a copy of the direction may be inspected by any person free of charge at all reasonable times.
(7) A district council shall comply with any direction given to it under this Act.
Regulations
7.¾ (1) Regulations may make provision¾
(a)for, or in connection with, implementing the strategy; or
(b)for, or in connection with implementing¾
(i)obligations of the United Kingdom under the Community Treaties; or
(ii)any international agreement to which the United Kingdom is for the time being a party,
so far as relating to the quality of air; or
(c)otherwise with respect to the assessment or management of the quality of air.
(2) Without prejudice to the generality of subsection (1), regulations under that subsection may make provision¾
(a)prescribing standards relating to the quality of air;
(b)prescribing objectives for the restriction of the levels at which particular substances are present in the air;
(c)conferring or imposing functions on prescribed competent authorities;
(d)for or in connection with¾
(i)authorising prescribed competent authorities (whether by agreements or otherwise) to exercise any functions of the Department on its behalf;
(ii)directing that functions of the Department shall be exercisable concurrently with prescribed competent authorities; or
(iii)transferring functions of the Department to prescribed competent authorities;
(e)prohibiting or restricting, or for or in connection with prohibiting or restricting,¾
(i)the carrying on of prescribed activities, or
(ii)the access of prescribed vehicles or mobile equipment to prescribed areas,
whether generally or in prescribed circumstances;
(f)for or in connection with the designation of air quality management areas by orders made by district councils in such cases or circumstances not falling within section 4 as may be prescribed;
(g)for the application, with or without modifications, of any provisions of this Act in relation to areas designated by virtue of paragraph (f) or in relation to orders made by virtue of that paragraph;
(h)with respect to¾
(i)air quality reviews;
(ii)assessments under this Act;
(iii)orders designating air quality management areas; or
(iv)action plans;
(j)prescribing measures which are to be adopted by prescribed competent authorities (whether in action plans or otherwise) or other persons in order to comply with, or in pursuance of the achievement of, air quality standards or objectives;
(k)for or in connection with the communication to the public of information relating to quality for the time being, or likely future quality, of the air;
(l)for or in connection with the obtaining by prescribed competent authorities from any person of information which is reasonably necessary for the discharge of functions conferred or imposed on them under this Act;
(m)for or in connection with the recovery by a district council from prescribed persons in prescribed circumstances, and in such manner as may be prescribed, of costs incurred by the council in discharging functions conferred or imposed on the council under this Act;
(n)for a person who contravenes any prescribed provision of the regulations to be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or such lower level on that scale as may be prescribed in relation to the offence;
(o)for or in connection with arrangements under which a person may discharge any liability to conviction for a prescribed offence by payment of a penalty of a prescribed amount;
(p)for or in connection with appeals against determinations or decisions made, notices given or served, or other things done under the regulations.
(3) Without prejudice to the generality of paragraph (h) of subsection (2), the provision that may be made by virtue of that paragraph includes provision for or in connection with any of the following, that is to say¾
(a)the scope or form of a review or assessment;
(b)the scope, content or form of an action plan;
(c)the time at which, period within which, or manner in which a review or assessment is to be carried out or an action plan is to be prepared;
(d)the methods to be employed¾
(i)in carrying out reviews or assessments; or
(ii)in monitoring the effectiveness of action plans;
(e)the factors to be taken into account in preparing action plans;
(f)the actions which must be taken by prescribed competent authorities or other persons in consequence of reviews, assessments or action plans;
(g)requirements for consultation;
(h)the treatment of representations or objections duly made;
(j)the publication of, or the making available to the public of, or of copies of,¾
(i)the results, or reports of the results, of reviews or assessments; or
(ii)orders or action plans;
(k)requirements for¾
(i)copies of any such reports, orders or action plans, or
(ii)prescribed information, in such form as may be prescribed, relating to reviews or assessments,
to be sent to the Department.
(4) In determining¾
(a)any appeal against, or reference or review of, a decision of a district council under regulations, or
(b)any application transmitted from a district council under any such regulations,
the body or person making the determination shall be bound by any direction given by the Department to the district council to the same extent as the council.
(5) The provisions of any regulations may include¾
(a)provision for anything that may be prescribed by the regulations to be determined under the regulations and for anything falling to be so determined to be determined by such persons, in accordance with such procedure and by reference to such matters, and to the opinion of such persons, as may be prescribed; and
(b)such supplemental, consequential, incidental, transitional or saving provisions (including provisions amending, repealing or revoking statutory provisions) as the Department considers appropriate.
(6) Before making any regulations, the Department shall consult¾
(a)such competent authorities as the Department considers appropriate;
(b)such bodies or persons appearing to it to be representative of the interests of industry as it may consider appropriate; and
(c)such other bodies or persons as it may consider appropriate.
Recommendations and guidance
8.¾ (1) A relevant authority may make recommendations to a district council with respect to the carrying out of¾
(a)any particular air quality review,
(b)any particular assessment under section 3 or 5, or
(c)the preparation of any particular action plan or revision of an action plan,
and the district council shall take into account any such recommendations.
(2) The Department may issue guidance to a district council or relevant authority with respect to, or in connection with, the exercise of the council's or the authority's functions under this Act.
(3) A district council or relevant authority, in carrying out any of its functions under this Act, shall have regard to any guidance issued by the Department under this Act.
Supplemental provisions and miscellaneous amendments
9. Schedule 1 shall have effect.
General
Financial assistance
10.¾ (1) The Department may make grants or loans to any body or person for the purposes of or in connection with¾
(a)carrying out an air quality review;
(b)carrying out an assessment under section 3 or 5;
(c)preparing and implementing an action plan; and
(d)the assessment or management of the quality of air.
(2) Grants or loans made by the Department under this section¾
(a)shall be of such amounts; and
(b)shall be made on such terms and conditions (including in the case of grants, conditions as to repayment),
as may be determined by the Department.
Powers of enforcing authorities and persons authorised by them
11.¾ (1) An authorised person may, on production (if so required) of his authority, exercise any of the powers specified in subsection (2) for the purpose of¾
(a)determining whether any provision of the pollution control statutory provisions is being, or has been, complied with;
(b)discharging one or more of the functions conferred or imposed on an enforcing authority by or under the pollution control statutory provisions; or
(c)determining whether and, if so, how such a function should be discharged.
(2) The powers of an authorised person are¾
(a)to enter at any reasonable time any premises which he has reason to believe it is necessary for him to enter;
(b)on entering any premises by virtue of paragraph (a), to take with him¾
(i)any other person duly authorised by the enforcing authority and, if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and
(ii)any equipment or materials required for any purpose for which the power of entry is being exercised;
(c)to make such examination and investigation as may in any circumstances be necessary;
(d)as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (c);
(e)to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (c);
(f)to take samples, or cause samples to be taken, of any articles or substances found in or on any premises which he has power to enter, and of the air, in, on, or in the vicinity of, the premises;
(g)to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (c) to answer (in the absence of persons other than a person nominated by that person to be present and any persons whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask and to sign a declaration of the truth of his answers;
(h)to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records¾
(i) which are required to be kept under the pollution control statutory provisions, or
(ii)which it is necessary for him to see for the purposes of an examination or investigation under paragraph (c),
and to inspect and take copies of, or of any entry in, the records;
(j)to require any person to afford him such facilities and assistance with respect to any matters or things within that person's control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on him by this section;
(k)any other power for a purpose mentioned in subsection (1) which is conferred by regulations.
(3) The powers which under subsections (1) and (2) are conferred in relation to any premises for the purpose of enabling an enforcing authority to determine whether any provision of the pollution control statutory provisions is being, or has been, complied with shall include power, in order to obtain the information on which that determination may be made, to install, keep or maintain monitoring and other apparatus there.
(4) In any case where it is proposed to enter any premises used for residential purposes, or to take heavy equipment on to any premises which are to be entered, any entry by virtue of this section shall only be effected¾
(a)after the expiration of at least seven days' notice of the proposed entry given to a person who appears to the authorised person in question to be in occupation of the premises in question, and
(b)either¾
(i)with the consent of a person who is in occupation of those premises; or
(ii)under the authority of a warrant by virtue of Schedule 2.
(5) Where an authorised person proposes to enter any premises and¾
(a)entry has been refused and he apprehends on reasonable grounds that the use of force may be necessary to effect entry, or
(b)he apprehends on reasonable grounds that entry is likely to be refused and that the use of force may be necessary to effect entry,
any entry on to those premises by virtue of this section shall only be effected under the authority of a warrant by virtue of Schedule 2.
(6) Regulations may make provision as to the procedure to be followed in connection with the taking of, and the dealing with, samples under subsection (2)(f).
(7) No answer given by a person in pursuance of a requirement imposed under subsection (2)(g) shall be admissible in evidence against that person in any proceedings.
(8) Nothing in this section shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court.
(9) Schedule 2 shall have effect with respect to the powers of entry and related powers which are conferred by this section.
(10) In this section and Schedule 2¾
"authorised person" means a person who is authorised in writing by an enforcing authority for the purposes of this section;
"enforcing authority" means¾
(a)the Department; or
(b)a district council;
"mobile plant" means plant which is designed to move or to be moved whether on roads or otherwise;
"premises" includes any land, vehicle, vessel or mobile plant.
(11) Nothing in section 98 of the Local Government Act (Northern Ireland) 1972 (c. 9) shall apply to functions conferred on a district council under this Act.
Offences
12.¾ (1) It is an offence for a person intentionally to obstruct an authorised person in the exercise of his powers or duties.
(2) It is an offence for a person, without reasonable excuse,¾
(a)to fail to comply with any requirement imposed under section 11;
(b)to fail or refuse to provide facilities or assistance or any information or to permit any inspection reasonably required by an authorised person in the discharge of his functions under that section; or
(c)to prevent any other person from appearing before an authorised person, or answering any question to which an authorised person may require an answer under that section.
(3) It is an offence for a person falsely to pretend to be an authorised person.
(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) In this section¾
"authorised person" has the same meaning as in section 11;
"powers or duties" includes powers or duties exercisable by virtue of a warrant under Schedule 2.
Disclosure of information
13.¾ (1) Notwithstanding any prohibition or restriction imposed by or under any statutory provision or rule of law, information of any description may be disclosed¾
(a)by the Department to any relevant authority; or
(b)by any relevant authority to the Department or to any other relevant authority,
for the purpose of facilitating the carrying out by the Department or by any relevant authority of any of its functions under this Act; and no person shall be subject to any civil or criminal liability in consequence of any disclosure made by virtue of this subsection.
(2) Nothing in this section shall authorise the disclosure of information, disclosure of which would, in the opinion of the Secretary of State, be contrary to the interests of national security.
(3) No information disclosed to any person under this section shall be disclosed by that person to any other person otherwise than in accordance with the provisions of this section, or any other statutory provision which authorises or requires the disclosure, if that information is information¾
(a)which relates to a trade secret of any person or which otherwise is or might be commercially confidential in relation to any person; or
(b)whose disclosure otherwise than under this section would, in the opinion of the Secretary of State, be contrary to the interests of national security.
(4) Any authorisation by or under this section of the disclosure of information by or to any person shall be taken to authorise the disclosure of that information by or, as the case may be, to any officer of his who is authorised by him to make the disclosure or, as the case may be, to receive the information.
(5) Information is for the purposes of this section commercially confidential in relation to any person if its disclosure would prejudice to an unreasonable degree the commercial interest of that person.
Power to give effect to Community and other international obligations, etc.
14.¾ (1) Regulations may provide that the provisions of this Act shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty's Government in the United Kingdom¾
(a)to give effect to any obligations of the United Kingdom under the Community Treaties or exercise any related right; or
(b)to give effect to any obligation or exercise any related right under any international agreement to which the United Kingdom is for the time being a party.
(2) In this section "related right", in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation.
Offences by bodies corporate
15. For the purposes of this Act section 20(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies with the omission of the words "the liability of whose members is limited" and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Offences under this Act due to fault of others
16. Where the commission by any person of an offence under this Act is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this section whether or not proceedings for the offence are taken against the first-mentioned person.
Application to Crown
17.¾ (1) Subject to the provisions of this section, the provisions of this Act and of regulations and orders made under it shall bind the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.
(2) No contravention by the Crown of any provision of this Act or of any regulations or order made under it shall make the Crown criminally liable; but the High Court may, on the application of a relevant authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3) Notwithstanding anything in subsection (2), the provisions of this Act and of regulations and orders made under it shall apply to persons in the public service of the Crown as they apply to other persons.
(4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any power of entry exercisable in relation to them specified in the certificate that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises; and in this subsection "Crown premises" means premises held or used by or on behalf of the Crown.
(5) Any reference to the Crown in this section includes the Crown in right of Her Majesty's Government in the United Kingdom.
Regulations and directions
18.¾ (1) No regulations to which this subsection applies shall be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
(2) Subsection (1) applies to¾
(a)regulations under this Act containing any provision which creates an offence or increases a penalty for an existing offence;
(b)regulations under this Act containing any provision which amends or repeals any Northern Ireland legislation.
(3) Other regulations under this Act shall be subject to negative resolution.
(4) Any direction given under this Act shall be in writing and may be varied or revoked by subsequent directions.
(5) Subsections (6) and (7) apply to any direction given to any body or person under any provision of this Act being a direction to any extent so given for the purpose of implementing any obligations of the United Kingdom under the Community Treaties.
(6) A direction to which this subsection applies shall not be varied or revoked unless, notwithstanding the variation or revocation, the obligations mentioned in subsection (5), as they have effect for the time being, continue to be implemented, whether by directions or any other instrument or by any statutory provision.
(7) Any variation or revocation of a direction to which this subsection applies shall be published in such manner as the Department considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by them; and¾
(a)copies of the variation or revocation shall be made available to the public; and
(b)notice of the variation or revocation, and of where a copy of the variation or revocation may be obtained, shall be given in the Belfast Gazette.
Interpretation
19.¾ (1) In this Act¾
"action plan" shall be construed in accordance with section 5(2)(b);
"air" means ambient air;
"air quality objectives" means objectives prescribed by virtue of section 7(2)(b);
"air quality review" means a review under section 3 or 6;
"air quality standards" means standards prescribed by virtue of section 7(2)(a);
"ambient air" means outdoor air in the troposphere, excluding work places;
"competent authority" means a Northern Ireland department, a district council or any other public body;
"the Department" means the Department of the Environment;
"designated area" has the meaning given by section 4(1);
"modifications" includes additions, alterations and omissions;
"notice" means notice in writing;
"pollution control statutory provisions" means¾
(a)this Act and any regulations made under it; and
(b)regulations made under section 2(2) of the European Communities Act 1972 (c. 68) to the extent that the regulations relate to air pollution;
"prescribed" means prescribed by regulations;
"public body" means a body established or constituted by or under a statutory provision;
"regulations" means regulations made by the Department;
"relevant authority" in the case of any provision of this Act, means such competent authority as may be prescribed for the purposes of that provision;
"the relevant period" in the case of any provision of this Act, means such period as may be prescribed for the purposes of that provision;
"statutory provision" has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33);
"the strategy" has the meaning given by section 2(1).
(2) Any reference in this Act to it appearing that any air quality standards or objectives are not likely within the relevant period to be achieved includes a reference to it appearing that those standards or objectives are likely within that period not to be achieved.
Short title
20. This Act may be cited as the Local Air Quality Management Act (Northern Ireland) 2002.
Schedules
Schedule 1
Air quality: Supplemental provisions
Consultation requirements
1.¾ (1) A district council in carrying out its functions in relation to¾
(a)any air quality review,
(b)any assessment under section 3 or 5, or
(c)the preparation of an action plan or any revision of an action plan,
shall consult such other persons as fall within sub-paragraph (2).
(2) Those persons are¾
(a)the Department;
(b)each district council whose district is contiguous to the council's district;
(c)such competent authorities exercising functions in, or in the vicinity of, the council's district as the council may consider appropriate;
(d)such bodies or persons appearing to the council to be representative of persons with business interests in the district to which the review or action plan in question relates as the council may consider appropriate;
(e)such other bodies or persons as the council may consider appropriate.
Exchange of information
2.¾ (1) A relevant authority shall provide a district council with all such information as is reasonably requested by the council for purposes connected with the carrying out of its functions under this Act.
(2) A district council shall provide a relevant authority with all such information as is reasonably requested by the authority for purposes connected with the carrying out of any of its functions relating to the assessment or management of the quality of air.
(3) Information provided to a district council or relevant authority under sub-paragraph (1) or (2) shall be provided in such form and in such manner and at such times as the council or, as the case may be, the authority may reasonably require.
(4) A relevant authority or district council which provides information under sub-paragraph (1) or (2) shall be entitled to recover the reasonable cost of doing so from the council or authority which requested the information.
(5) The information which a relevant authority or a district council may be required to provide under this paragraph shall include information which, although it is not in the possession of the authority or the council, is information which it is reasonable to require the authority or the council to obtain.
3.¾ (1) The Department may give directions to any two or more district councils requiring them to discharge functions under this Act jointly in accordance with the directions.
(2) Where two or more district councils have jointly discharged functions under this Act, the Department may give them directions requiring them to revoke, or modify in accordance with the directions, the arrangements which they have made.
Public access to information about air quality
4.¾ (1) Each district council shall¾
(a)secure that there is available at all reasonable times for inspection by the public free of charge a copy of each of the documents specified in sub-paragraph (2); and
(b)afford to members of the public facilities for obtaining copies of those documents on payment of a reasonable charge.
(2) The documents mentioned in sub-paragraph (1)(a) are¾
(a)a report of the results of any air quality review which the council has caused to be conducted;
(b)a report of the results of any assessment which the council has caused to be made under section 3 or 5;
(c)any order (together with any map or plan referred to therein) made by the council under section 4;
(d)any action plan prepared by the council;
(e)any proposals or statements submitted to the council pursuant to subsection (4)(a) or (b) of section 5;
(f)any directions given to the council under this Act.
Fixed penalty offences
5.¾ (1) Without prejudice to the generality of paragraph (o) of subsection (2) of section 7, regulations may, in particular, make provision¾
(a)for the qualifications, appointment or authorisation of persons who are to issue fixed penalty notices;
(b)for the offences in connection with which, the cases or circumstances in which, the time or period at or within which, or the manner in which fixed penalty notices may be issued;
(c)prohibiting the institution, before the expiration of the period for paying the fixed penalty, of proceedings against a person for an offence in connection with which a fixed penalty notice has been issued;
(d)prohibiting the conviction of a person for an offence in connection with which a fixed penalty notice has been issued if the fixed penalty is paid before the expiration of the period for paying it;
(e)entitling, in prescribed cases, a person to whom a fixed penalty notice is issued to give, within a prescribed period, notice requesting a hearing in respect of the offence to which the fixed penalty notice relates;
(f)for the amount of the fixed penalty to be increased by a prescribed amount in any case where the person liable to pay the fixed penalty fails to pay it before the expiration of the period for paying it, without having given notice requesting a hearing in respect of the offence to which the fixed penalty notice relates;
(g)for or in connection with the recovery of an unpaid fixed penalty as a fine or as a civil debt or as if it were a sum payable under a county court order;
(h)for or in connection with enforcement in respect of an unpaid fixed penalty by prescribed persons;
(j)for a fixed penalty notice, and any prescribed proceedings or other prescribed steps taken by reference to the notice, to be rendered void in prescribed cases where a person makes a prescribed statutory declaration, and for the consequences of any notice, proceedings or other steps being so rendered void (including extension of any time limit for instituting criminal proceedings);
(k)for or in connection with the extension, in prescribed cases or circumstances, by a prescribed person of the period for paying a fixed penalty;
(l)for or in connection with the withdrawal, in prescribed circumstances, of a fixed penalty notice, including¾
(i)repayment of any amount paid by way of fixed penalty in pursuance of a fixed penalty notice which is withdrawn; and
(ii)prohibition of the institution or continuation of proceedings for the offence in connection with which the withdrawn notice was issued;
(m)for or in connection with the disposition of sums received by way of fixed penalty;
(n)for a certificate purporting to be signed by or on behalf of a prescribed person and stating either¾
(i)that payment of a fixed penalty was, or (as the case may be) was not, received on or before a date specified in the certificate, or
(ii)that an envelope containing an amount sent by post in payment of a fixed penalty was marked as posted on a date specified in the certificate,
to be received as evidence of the matters so stated and to be treated, without further proof, as being so signed unless the contrary is shown;
(o)requiring a fixed penalty notice to give such reasonable particulars of the circumstances alleged to constitute the fixed penalty offence to which the notice relates as are necessary for giving reasonable information of the offence and to state¾
(i)the monetary amount of the fixed penalty which may be paid;
(ii)the person to whom, and the address at which, the fixed penalty may be paid and any correspondence relating to the fixed penalty notice may be sent;
(iii)the method or methods by which payment of the fixed penalty may be made;
(iv)the period for paying the fixed penalty;
(v)the consequences of the fixed penalty not being paid before the expiration of that period;
(p)similar to any provision made by Article 84 of the Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10) (statements by constables in fixed penalty cases);
(q)for presuming, in any proceedings, that any document of a prescribed description purporting to have been signed by a person to whom a fixed penalty notice has been issued has been signed by that person;
(r)requiring or authorising a fixed penalty notice to contain prescribed information relating to, or for the purpose of facilitating, the administration of the fixed penalty system;
(s)with respect to the giving of fixed penalty notices, including, in particular, provision with respect to¾
(i)the methods by which,
(ii)the officers, servants or agents by, to or on whom, and
(iii)the places at which,
fixed penalty notices may be given by, or served on behalf of, a prescribed person;
(t)prescribing the method or methods by which fixed penalties may be paid;
(u)for or with respect to the issue of prescribed documents to persons to whom fixed penalty notices are or have been given;
(v)for a fixed penalty notice to be treated for prescribed purposes as if it were a complaint or summons or any other document of a prescribed description.
(2) The provision that may be made by regulations prescribing fixed penalty offences includes provision for an offence to be a fixed penalty offence¾
(a)only if it is committed in such circumstances or manner as may be prescribed; or
(b)except if it is committed in such circumstances or manner as may be prescribed.
(3) Regulations may make provision for such exceptions, limitations and conditions as the Department considers necessary or expedient.
(4) In this paragraph¾
"fixed penalty" means a penalty of such amount as may be prescribed (whether by being specified in, or made calculable under, regulations);
"fixed penalty notice" means a notice offering a person an opportunity to discharge any liability to conviction for a fixed penalty offence by payment of a penalty of a prescribed amount;
"fixed penalty offence" means, subject to sub-paragraph (2), any offence under the pollution control statutory provisions which is for the time being prescribed as a fixed penalty offence;
"the fixed penalty system" means the system implementing regulations;
"the period for payment", in relation to any fixed penalty, means such period as may be prescribed for the purpose;
"regulations" means regulations under paragraph (o) of subsection (2) of section 7.
Traffic regulation orders
6. In Article 4 of the Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2) (traffic regulation orders), at the end of paragraph (1) there shall be added "or
(g)for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 7 of the Local Air Quality Management Act (Northern Ireland) 2002.".
Industrial pollution
7. In Article 7 of the Industrial Pollution Control (Northern Ireland) Order 1997 (NI 18) (conditions of authorisations), at the end of paragraph (12) (definition of "the relevant statutory provisions") there shall be added "and
(f)section 7 of the Local Air Quality Management Act (Northern Ireland) 2002.".
Schedule 2
Supplemental provisions with respect to powers of entry
Interpretation
1. In this Schedule "relevant power" means a power conferred by section 11, including a power exercisable by virtue of a warrant under this Schedule.
Issue of warrants
2.¾ (1) If it is shown to the satisfaction of a justice of the peace on complaint on oath¾
(a)that there are reasonable grounds for the exercise in relation to any premises of a relevant power; and
(b)that one or more of the conditions specified in sub-paragraph (2) is fulfilled in relation to those premises,
the justice may by warrant authorise an authorised person to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.
(2) The conditions mentioned in sub-paragraph (1)(b) are¾
(a)that the exercise of the power in relation to the premises has been refused;
(b)that such a refusal is reasonably apprehended;
(c)that the premises are unoccupied;
(d)that the occupier is temporarily absent from the premises and the case is one of urgency; or
(e)that an application for admission to the premises would defeat the object of the proposed entry.
(3) In a case where subsection (4) of section 11 applies, a justice of the peace shall not issue a warrant under this Schedule by virtue only of being satisfied that the exercise of a power in relation to any premises has been refused, or that a refusal is reasonably apprehended, unless he is also satisfied that the notice required by that subsection has been given and that the period of that notice has expired.
(4) Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.
Information obtained to be admissible in evidence
3.¾ (1) Subject to section 11(7), information obtained in consequence of the exercise of a relevant power, with or without the consent of any person, shall be admissible in evidence against that or any other person.
(2) Without prejudice to the generality of sub-paragraph (1), information obtained by means of monitoring or other apparatus installed on any premises in the exercise of a relevant power, with or without the consent of any person in occupation of the premises, shall be admissible in evidence in any proceedings against that or any other person.
Duty to secure premises
4. An authorised person who, in the exercise of a relevant power enters on any premises which are unoccupied or whose occupier is temporarily absent shall leave the premises as effectually secured against trespassers as he found them.
Compensation
5.¾ (1) Where an authorised person exercises any power conferred by section 11(2)(a) or (b) or (3), the enforcing authority under whose authorisation he acts shall make full compensation to any person who has sustained loss or damage by reason of¾
(a)the exercise by the authorised person of that power; or
(b)the performance of, or failure of the authorised person to perform, the duty imposed by paragraph 4.
(2) Compensation shall not be payable by virtue of sub-paragraph (1) in respect of any loss or damage if the loss or damage¾
(a)is attributable to the default of the person who sustained it; or
(b)is loss or damage in respect of which compensation is payable under any other provision of the pollution control statutory provisions.
(3) Any dispute as to a person's entitlement to compensation under this paragraph, or as to the amount of any such compensation, shall be referred to and determined by the Lands Tribunal; and Articles 4 and 5 of the Land Compensation (Northern Ireland) Order 1982 (NI 9) shall apply to such determination.