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COMMONS AMENDMENT
139After Clause 75, insert the following clause:—

Reserve powers of the Secretary of State or SEPA

'.—(1) In this section, "the appropriate authority" means—
(a) in relation to England and Wales, the Secretary of State; and
(b) in relation to Scotland, SEPA acting with the approval of the Secretary of State.
(2) The appropriate authority may conduct or make, or cause to be conducted or made,—
(a) a review of the quality for the time being, and the likely future quality within the relevant period, of air within the area of any local authority;
(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 area of a local authority;
(c) an identification of any parts of the area of a local authority 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 area of a local authority or within a designated area.
(3) If it appears to the appropriate authority—
(a) that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the area of a local authority,
(b) that a local authority has failed to discharge any duty imposed on it under or by virtue of this Part,
(c) that the actions, or proposed actions, of a local authority in purported compliance with the provisions of this Part 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 local authority in pursuance of this Part,
the appropriate authority may give directions to the local authority requiring it to take such steps as may be specified in the directions.
(4) Without prejudice to the generality of subsection (3) above, directions under that subsection may, in particular, require a local authority—
(a) to cause an air quality review to be conducted under section (Local authority reviews) above in accordance with the directions;

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(b) to cause an air quality review under section (Local authority reviews) above 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 (Designation of air quality management areas) above 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 authority; or
(g) to implement, in accordance with the directions, any measures in an action plan.
(5) The Secretary of State shall also have power to give directions to local authorities requiring them to take such steps specified in the directions as he considers appropriate for the implementation of—
(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) Any direction given under this section shall be published in such manner as the body or person giving it considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by them; and—
(a) copies of the direction shall be made available to the public; and
(b) notice shall be given—
(i) in the case of a direction given to a local authority in England and Wales, in the London Gazette, or
(ii) in the case of a direction given to a local authority in Scotland, in the Edinburgh Gazette,
of the giving of the direction and of where a copy of the direction may be obtained.
(7) It is the duty of a local authority to comply with any direction given to it under or by virtue of this Part.'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 139.

Moved, That the House do agree with the Commons in their Amendment No. 139.—(Earl Ferrers.)


AMENDMENT TO COMMONS AMENDMENT NO. 139
139AAfter Clause 75, at the end of subsection (7) insert ("and which is within its powers").

Baroness Hamwee: My Lords, I beg to move Amendment No. 139A as an amendment to Commons Amendment No. 139. My amendment is what your Lordships may think is a knee-jerk reaction to my reading of this new provision. Subsection (7) of the Commons amendment states:


    "It is the duty of a local authority to comply with any direction given to it under or by virtue of this Part".

That is all well and good, but is it implicit that the local authorities will have the powers to comply? In my experience local authorities need express powers to do the things they want to do—otherwise they find that they are being told that they are not entitled to do them. It may be a knee-jerk reaction from someone who has

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been at the wrong end of this argument in the past but I seek to add that a local authority will be under a duty to comply with directions only if it already has the powers to do so. I beg to move.

Moved, That Amendment No. 139A, as an amendment to Commons Amendment No. 139, be agreed to.—(Baroness Hamwee.)

6.45 p.m.

Earl Ferrers: My Lords, I hesitate to tell the noble Baroness that her amendment is not necessary but I feel bound to do so because the Secretary of State can only properly require a local authority to do that which is within its powers. It is therefore not necessary to have a provision to say so on the face of the Bill. Accordingly, I think that the Secretary of State would not go outside his powers.

Baroness Hamwee: My Lords, he might, but at least we have the answer. I beg leave to withdraw the amendment.

Amendment No. 139A, as an amendment to Commons Amendment No. 139, by leave, withdrawn.

On Question, Motion agreed to.


COMMONS AMENDMENT
140After Clause 75, insert the following clause:—

Functions of county councils for areas for which there are district councils

'.—(1) This section applies in any case where a district in England for which there is a district council is comprised in an area for which there is a county council; and in this paragraph—
(a) any reference to the county council is a reference to the council of that area; and
(b) any reference to a district council is a reference to the council of a district comprised in that area.
(2) The county council may make recommendations to a district council with respect to the carrying out of—
(a) any particular air quality review,
(b) any particular assessment under section (Local authority reviews) or (Duties of local authorities in relation to designated areas) above, 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.
(3) Where a district council is preparing an action plan, the county council shall, within the relevant period, submit to the district council proposals for the exercise (so far as relating to the designated area) by the county council, in pursuit of the achievement of air quality standards and objectives, of any powers exercisable by the county council.
(4) Where the county council submits proposals to a district council in pursuance of subsection (3) above, it shall also submit a statement of the time or times by or within which it proposes to implement each of the proposals.
(5) An action plan shall include a statement of—
(a) any proposals submitted pursuant to subsection (3) above; and
(b) any time or times set out in the statement submitted pursuant to subsection (4) above.
(6) If it appears to the Secretary of State—
(a) that air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the area of a district council,

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(b) that the county council has failed to discharge any duty imposed on it under or by virtue of this Part,
(c) that the actions, or proposed actions, of the county council in purported compliance with the provisions of this Part 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 the county council in pursuance of this Part,
the Secretary of State may give directions to the county council requiring it to take such steps as may be specified in the directions.
(7) Without prejudice to the generality of subsection (6) above, directions under that subsection may, in particular, require the county council—
(a) to submit, in accordance with the directions, proposals pursuant to subsection (3) above or a statement pursuant to subsection (4) above;
(b) to modify, in accordance with the directions, any proposals or statement submitted by the county council pursuant to subsection (3) or (4) above;
(c) to submit any proposals or statement so modified to the district council in question pursuant to subsection (3) or (4) above; or
(d) to implement, in accordance with the directions, any measures included in an action plan.
(8) The Secretary of State shall also have power to give directions to county councils for areas for which there are district councils requiring them to take such steps specified in the directions as he considers appropriate for the implementation of—
(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.
(9) Any direction given under this section shall be published in such manner as the Secretary of State considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by them; and—
(a) copies of the direction shall be made available to the public; and
(b) notice of the giving of the direction, and of where a copy of the direction may be obtained, shall be given in the London Gazette.
(10) It is the duty of a county council for an area for which there are district councils to comply with any direction given to it under or by virtue of this Part.'.

Earl Ferrers: My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 140.

Moved, That the House do agree with the Commons in their Amendment No. 140.—(Earl Ferrers.)

On Question, Motion agreed to.


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