The following Environment practice note provides comprehensive and up to date legal information covering:
Air quality controls in England and Wales are interrelated, and stem from European legislation and international conventions, as well as from a number of national initiatives.
For an overview of air pollution controls, see: Air pollution—overview, which also provides links to Practice Notes dealing with many aspects of air quality.
Air quality is a devolved matter, and although the UK government leads on international and European legislation implementation, the domestic air quality controls can vary across the regions. This note considers any variation only in relation to England and Wales.
As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.
For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.
Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019, SI 2019/74 and Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations 2019, SI 2019/390 are made to address the functioning of subordinate legislation concerning air pollution, including and relevant to this content:
Air Quality Standards (Wales) Regulations 2010, SI 2010/1433
Air Quality Standards Regulations 2010, SI 2010/1001
The majority of amendments made are changes to aid interpretation (such as
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The rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into three groups:•absolute rights—which cannot be interfered with by the state or derogated from even in a state of emergency•limited rights—which may be
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