Legalize / United Kingdom / Public General Act

Environment Act 2021

Type Public General Act

Publication 2021-11-09

Last updated 2025-07-31

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(f) where a scheme collector receives any payment in connection with the recycling or disposal of such an item, to retain that amount or to pay it, or a part of it, to a scheme administrator;

(g) as to the retention of any amounts received from scheme suppliers, other scheme collectors or a scheme administrator;

(h) to pay such amounts received to scheme suppliers, other scheme collectors or a scheme administrator;

(i) in connection with securing that a specified proportion of deposit items supplied by scheme suppliers, or by individual scheme suppliers, are returned to scheme collectors;

(j) to keep records in connection with the scheme;

(k) to provide those records or other information in connection with the scheme to a scheme administrator.

(2) A deposit scheme may impose different requirements on different scheme collectors.

(3) In this paragraph “specified” means specified in a deposit scheme.

Deposit scheme administrators

4

(1) A person may be appointed as a scheme administrator of a deposit scheme by, or in accordance with, that scheme.

(2) A deposit scheme may confer functions (including functions involving the exercise of discretion) on a scheme administrator, including—

(a) any requirement that could be imposed on a scheme collector by virtue of paragraph 3 (1)(a) to (e);

(b) functions relating to the registration of scheme suppliers and scheme collectors;

(c) a power to charge fees for registration (the amounts of which may be such as to recover the costs referred to in paragraphs (d) and (e));

(d) a power to use such fees to meet the costs of exercising its functions under, or in connection with, the scheme;

(e) requirements to pay such fees to persons exercising functions conferred by virtue of paragraph 5 for the purpose of meeting the costs of the exercise of those functions;

(f) a power to give general or specific directions to scheme suppliers and scheme collectors as to the matters mentioned in paragraphs 2(1) and 3(1);

(g) a power to make payments to scheme collectors to reimburse them in respect of the payment of refunds or payments made by virtue of a requirement under paragraph 3(1)(a), (b) or (c);

(h) a power to make payments to another scheme administrator of the deposit scheme;

(i) a power to make payments to a scheme administrator of another deposit scheme in connection with the operation of the scheme, or the operation of the other scheme;

(j) a power to make payments to a Scottish deposit administrator in connection with the operation of the scheme, or the operation of the Scottish deposit and return scheme in relation to which the Scottish deposit administrator is exercising functions;

(k) requirements to retain amounts received by it under or by virtue of the scheme;

(l) a power to use such amounts, or to pay such amounts to another person, for purposes connected with the scheme, or other deposit schemes;

(m) a power to use such amounts for purposes connected with the protection of the environment;

(n) requirements to pay such amounts to the relevant national authority;

(o) functions relating to securing compliance by scheme suppliers and scheme collectors with their obligations under the scheme;

(p) requirements in connection with securing that a specified proportion of deposit items supplied by scheme suppliers, or by individual scheme suppliers, are returned to scheme collectors;

(q) requirements to keep records in connection with the scheme;

(r) requirements to provide any such records or other information in connection with the scheme to the relevant national authority;

(s) requirements as to the exercise of the administrator’s functions.

(3) Where there is more than one scheme administrator, a deposit scheme may confer different functions on different scheme administrators.

(4) A deposit scheme may confer a power on the relevant national authority to give directions to a scheme administrator of the scheme as to the exercise of the administrator’s functions under the scheme.

(5) In this paragraph “specified” means specified in a deposit scheme.

Enforcement

5

(1) The relevant national authority may by regulations make provision about the enforcement of requirements under deposit schemes.

(2) The provision that may be made under sub-paragraph (1) includes provision—

(a) conferring functions (including functions involving the exercise of discretion) in connection with the enforcement of requirements under deposit schemes on specified persons (which may include scheme administrators);

(b) for such functions of such a person to be exercised on the person’s behalf by persons authorised in accordance with the regulations;

(c) requiring scheme suppliers, scheme collectors or scheme administrators to provide records and other information relating to deposit schemes to specified persons;

(d) for, about or connected with the imposition of civil sanctions in respect of failures to comply with relevant requirements, or the obstruction of or failure to assist a person having functions in connection with the enforcement of relevant requirements;

(e) for appeals against such sanctions;

(f) creating criminal offences punishable with a fine in respect of failures to comply with civil sanctions, or the obstruction of or failure to assist a person having functions in connection with the enforcement of relevant requirements;

(g) about such offences.

(3) For the purposes of this paragraph “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

(4) Regulations under sub-paragraph (1) may include provision for the imposition of sanctions of that kind whether or not—

(a) the conduct in respect of which the sanction is imposed constitutes an offence,

(b) the person imposing them is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008, or

(5) In this paragraph—

“relevant requirement” means any requirement imposed by or under a deposit scheme or regulations under sub-paragraph (1);

“specified” means specified in, or determined in accordance with, regulations under sub-paragraph (1).

Interpretation

6

In this Schedule—

“deposit” has the meaning it has in paragraph 1(2)(a);

“deposit item” has the meaning it has in paragraph 1(3);

“deposit scheme” has the meaning it has in paragraph 1(2);

“refund” has the meaning it has in paragraph 1(2)(b);

“scheme administrator”, in relation to a deposit scheme, means a person appointed as a scheme administrator of the scheme;

“scheme supplier” or “scheme collector” means a person specified as such (see paragraph 1(5));

“Scottish deposit administrator” means a person exercising the functions of a scheme administrator in relation to a Scottish deposit and return scheme;

“Scottish deposit and return scheme” means a deposit and return scheme under section 84 of the Climate Change (Scotland) Act 2009 (asp 12).

SCHEDULE 9

General power

1

(1) The relevant national authority may by regulations make provision about charging by sellers of goods or services for items specified in the regulations.

(2) Regulations made by the Secretary of State or the Welsh Ministers may specify only items which—

(a) are single use items, and

(b) are supplied in connection with goods or services.

(3) Regulations made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland may specify only items which—

(a) are single use items,

(b) are made wholly or partly of plastic, and

(4) A “single use item” is a manufactured item which is likely to be used only once, or used only for a short period of time, before being disposed of.

(5) An item is supplied in connection with goods or services if it is supplied—

(a) at the place the goods or services are sold or provided, for the purpose of enabling the goods to be taken away, used or consumed, or enabling the services to be received, or

(b) for the purpose of enabling goods to be delivered.

(6) In particular, a container or other packaging into which goods are placed at the point of sale is supplied in connection with goods.

Requirement to charge

2

The regulations may make provision requiring sellers of goods or services to charge for items specified in the regulations.

Sellers of goods and services

3

(1) “Seller”, in relation to goods or services, has the meaning given by the regulations.

(2) The regulations may define that term by reference (in particular) to—

(a) a person’s involvement in selling the goods or services,

(b) a person’s interest in goods or services, or

or any combination of those factors.

(3) The regulations may make provision for the regulations to apply—

(a) to all sellers of goods or services, or

(b) to sellers of goods or services identified by reference to factors specified in the regulations.

(4) The factors which may be specified in the regulations include—

(a) the place or places at or from which a seller supplies goods or services,

(b) the type of goods or services that a seller supplies,

(d) a seller’s turnover or any part of that turnover.

Amount of charge

4

The regulations may specify the minimum amount that a seller must charge for an item specified in the regulations, or provide for that amount to be determined in accordance with the regulations.

Administration

5

(1) The regulations may appoint a person (an “administrator”) to administer provision made by the regulations.

(2) More than one person may be appointed as an administrator.

(3) The regulations may confer functions on an administrator (including functions involving the exercise of discretion).

(4) References in this Schedule to an administrator include a person appointed by an administrator or exercising functions on an administrator’s behalf.

Registration

6

(1) The regulations may require sellers to register with an administrator.

(2) The regulations may make provision—

(a) about applications for registration;

(b) about the period for which registration has effect;

(3) The regulations may require sellers to pay to the administrator, in connection with their registration, fees of an amount determined by or in accordance with the regulations.

(4) The regulations may provide for the amount of the fees to be such as to recover the costs incurred by the administrator in performing its functions under the regulations.

Record-keeping and publication of records

7

(1) The regulations may require records to be kept relating to charges made for items specified in the regulations.

(2) The regulations may require the records, or such other information as may be specified—

(a) to be published at such times and in such manner as may be specified;

(b) to be supplied on request and in such manner as may be specified to—

(i) the relevant national authority,

(ii) an administrator, or

(iii) members of the public.

(3) The regulations may (in particular) require the publication or supply of records or information relating to any of the following—

(a) the amount received by a seller by way of charges for items specified in the regulations;

(b) the seller’s gross or net proceeds of the charge;

(4) In this paragraph—

“gross proceeds of the charge” means the amount received by the seller by way of charges for items specified in the regulations;

“net proceeds of the charge” means the seller’s gross proceeds of the charge reduced by such amount as may be specified.

Enforcement

8

(1) The regulations may confer functions on an administrator to enforce provision made by the regulations.

(2) The regulations may (in particular) confer powers on an administrator to—

(a) require the production of documents or the provision of information, or

(b) question a seller or officers or employees of a seller.

(3) Regulation under sub-paragraph (2) must contain provision for ensuring that the power in question is exercised by a person only where the person reasonably believes there has been a failure to comply with a requirement of regulations under this Schedule.

Civil sanctions

9

(1) The regulations may make provision for, about or connected with the imposition of civil sanctions in respect of failures to comply with the regulations, or the obstruction of or failure to assist a person on whom functions are conferred by the regulations.

(2) The regulations may make provision for appeals against such sanctions.

(3) In this paragraph “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

(4) The regulations may include provision for the imposition of sanctions of that kind whether or not—

(a) the conduct in respect of which the sanction is imposed constitutes an offence,

(b) the enforcement authority is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008, or

SCHEDULE 10

Powers to search and seize vehicles in connection with waste offences

1

In section 5(6) of the Control of Pollution (Amendment) Act 1989 (constable’s power to seize vehicles and contents)—

(a) in paragraph (b) after “presence of” insert “or at the request of”;

(b) in paragraph (c) for “without such an officer present” substitute “in any other case”.

2

In section 34B(6) of the Environmental Protection Act 1990 (constable’s power to seize vehicles and contents)—

(a) in paragraph (b) after “presence of” insert “or at the request of”;

(b) in paragraph (c) for “without such an officer present” substitute “in any other case”.

Powers of direction in relation to waste

3

(1) Section 57 of the Environmental Protection Act 1990 (power to give directions) is amended as follows.

(2) In subsection (2) omit the words from “with a view” to the end.

(3) After subsection (2) insert—

(2A) The appropriate Minister may, by notice in writing— (a) direct a registered waste carrier to collect waste which is being kept on specified land and deliver it to a specified person on specified terms; (b) direct any person who— (i) is keeping waste on any land, or (ii) owns or occupies land on which waste is being kept, to facilitate collection of the waste by a specified registered waste carrier to whom a direction in respect of the waste is given under paragraph (a).

(4) In subsection (4), for “of treating or disposing of” substitute “in relation to”.

(5) After subsection (4) insert—

(4A) A direction under subsection (2A)(b) may require the person to whom it is given— (a) to pay to the specified registered waste carrier the reasonable costs of collecting and delivering the waste; (b) to pay to the specified person to whom the waste is delivered (“P”) the reasonable costs incurred by P in relation to the waste (including any costs P is required by a direction under this section to pay to another person).

(6) In subsection (7) for the words from “, where” to the end substitute “pay any costs mentioned in subsection (4).”

(7) After subsection (7) insert—

(7A) The appropriate Minister may pay any costs mentioned in subsection (4A).

(8) In subsection (8), before the definition of “specified” insert—

“appropriate Minister” means—the Secretary of State, in relation to waste being kept on land in England, andthe Welsh Ministers, in relation to waste being kept on land in Wales;

“registered waste carrier” means a person registered under the Control of Pollution (Amendment) Act 1989 as a carrier of controlled waste;

Powers of entry in relation to pollution control etc

4

The Environment Act 1995 is amended as follows.

5

(1) Section 108 (powers of enforcing authorities and their authorised officers) is amended as follows.

(2) In subsection (4), after paragraph (k) insert—

(ka) as regards any premises which an English or Welsh authorised person has power to enter by virtue of paragraph (a), for the purposes of an examination or investigation under paragraph (c)— (i) to search the premises; (ii) to seize and remove documents or anything else found on the premises (other than an article or substance within paragraph (g)); (iii) to require any information which is stored in electronic form and is accessible from the premises to be produced in a form in which it can be removed and— (a) in which it is visible and legible, or (b) from which it can readily be produced in a visible and legible form; (iv) to operate any equipment found on the premises for the purposes of producing such information in such a form;

(3) In subsection (6), omit paragraph (a).

(4) After subsection (7) insert—

(7A) An English or Welsh authorised person may not exercise the powers in subsection (4)(ka) without— (a) the consent of a person entitled to grant access to material on or accessible from the premises, or (b) the authority of a warrant by virtue of Schedule 18 to this Act. This is subject to subsections (7B) and (7C). (7B) An English or Welsh authorised person may exercise a power in subsection (4)(ka)(ii) to (ka)(iv) in relation to a thing without consent or the authority of a warrant if the person has reasonable grounds for believing that— (a) it is evidence of a failure to comply with any provision of the pollution control enactments or flood risk activity enactments, and (b) exercising the power is necessary to prevent it being concealed, lost, altered or destroyed. (7C) Subsection (7A) does not require consent or the authority of a warrant for doing something within the powers in subsection (4)(ka) if, and so far as, it may be done without them in exercise of another power conferred by subsection (4). (7D) Where anything seized or removed from premises under subsection (4)(ka) contains protected material, that material— (a) may not be used for the purposes of an examination or investigation under subsection (4)(c), and (b) must be returned to the premises from which it was removed, or to the person who had possession or control of it immediately before it was removed, as soon as reasonably practicable after it is identified as protected material. (7E) Subsection (7D) does not prevent any part of a thing containing protected material which is not protected material being used for the purposes of an examination or investigation, retained or copied. (7F) “Protected material” means— (a) material subject to legal professional privilege, (b) excluded material within the meaning of section 11 of the Police and Criminal Evidence Act 1984, or (c) journalistic material, within the meaning of section 13 of that Act, which is not excluded material.

(5) After subsection (12) insert—

(12A) Subject to subsection (7D), anything seized or removed under subsection (4)(ka) may be retained for so long as is necessary in all the circumstances.

(6) In subsection (15)—

(a) after the definition of “authorised person” insert—

“document” includes anything in which information of any description is recorded (by any means) and any part of such a thing;

;

(b) after the definition of “enforcing authority” insert—

“English or Welsh authorised person” means a person authorised under subsection (1) or (2) by the Secretary of State, the Welsh Ministers, the Agency, the Natural Resources Body for Wales, a waste collection authority or a local enforcing authority in England or Wales;

;

(c) in the definition of “pollution control functions” in relation to a waste collection authority, in paragraph (a) after “46” insert “to 46D”.

6

(1) Schedule 18 (supplemental provision about powers of entry) is amended as follows.

(2) In paragraph 2—

(a) after sub-paragraph (2) insert—

(2A) A justice of the peace may by warrant authorise an English or Welsh authorised person, designated for the purpose by the person who authorised them, to exercise the powers in section 108(4)(ka) in accordance with the warrant and, if need be, by force. (2B) The justice may do so only if satisfied that there are reasonable grounds for believing that— (a) there is material on or accessible from the premises in question which is likely to be of substantial value (by itself or together with other material) to an examination or investigation under section 108(4)(c), and (b) it is impracticable to communicate with a person entitled to grant access to it, or access to it is unlikely to be granted unless a warrant is produced.

;

(b) omit sub-paragraph (3).

(3) In paragraph 3 after “shall” insert “, if so required,”.

SCHEDULE 11

1

The Environment Act 1995 is amended as follows.

2

(1) Section 80 (national air quality strategy) is amended as follows.

(2) Omit subsection (3).

(3) After subsection (4) insert—

(4A) The strategy must be reviewed, and if appropriate modified— (a) within the period of 12 months beginning with the day on which this subsection comes into force, and (b) within each period of 5 years beginning with the day on which the person carrying out the review completed their most recent review under this subsection.

3

After that section insert—

(80A) As soon as reasonably practicable after the end of each financial year, beginning with the financial year in which this section comes into force, the Secretary of State must lay a statement before Parliament that sets out— (a) the Secretary of State’s assessment of the progress made in meeting air quality objectives, and air quality standards, in relation to England, and (b) the steps the Secretary of State has taken in that year in support of the meeting of those objectives and standards.

4

After section 81 insert—

(81A) (1) The following persons must have regard to the strategy when exercising any function of a public nature that could affect the quality of air— (a) relevant public authorities; (b) local authorities in England; (c) county councils for areas in England for which there are district councils. (2) In this Part, “relevant public authority” means a person designated in accordance with subsection (3) as a relevant public authority in relation to an area in England. (3) The Secretary of State may by regulations designate a person as a relevant public authority in relation to an area in England if the person’s functions include functions of a public nature in relation to that area. (4) Before making regulations under subsection (3) the Secretary of State must consult— (a) the person that is proposed to be designated, and (b) such other persons as the Secretary of State considers appropriate. (5) The requirement in subsection (4) may be met by consultation carried out before this section comes into force. (6) For the purposes of subsections (2) and (3), reference to England includes the territorial sea adjacent to England, which for this purpose does not include— (a) any part of the territorial sea which is adjacent to Wales for the purposes of the Government of Wales Act 2006 (see section 158 of that Act), or (b) any part of the territorial sea which is adjacent to Scotland for the purposes of the Scotland Act 1998 (see section 126 of that Act).

5

(1) Section 82 (local authority reviews) is amended as follows.

(2) In subsection (3)—

(a) for “If” substitute “This subsection applies to a local authority where”;

(b) omit the words from “, the local authority shall” to the end.

(3) After subsection (3) insert—

(4) Where subsection (3) applies to a local authority, it must identify any parts of its area in which it appears that air quality standards or objectives are not likely to be achieved within the relevant period. (5) Where subsection (3) applies to a local authority in England, it must also— (a) identify relevant sources of emissions that it considers are, or will be, responsible (in whole or in part) for any failure to achieve air quality standards or objectives in its area, (b) in the case of a relevant source within the area of a neighbouring authority, identify that authority, and (c) in the case of a relevant source within an area in relation to which a relevant public authority or the Agency has functions of a public nature, identify that person in relation to that source. (6) For the purposes of subsection (5), a source is “relevant” if— (a) it is within the area of the local authority, (b) it is within the area of a neighbouring authority in England, or (c) it is within an area in relation to which a relevant public authority or the Agency has functions of a public nature and the local authority considers that the exercise of those functions is relevant to the source of the emissions.

6

After section 83 insert—

(83A) (1) This section applies in relation to a local authority in England. (2) A local authority must, for the purpose of securing that air quality standards and objectives are achieved in an air quality management area designated by that authority, prepare an action plan in relation to that area. (3) An action plan is a written plan that sets out how the local authority will exercise its functions in order to secure that air quality standards and objectives are achieved in the area to which the plan relates. (4) An action plan must also set out how the local authority will exercise its functions to secure that air quality standards and objectives are maintained after they have been achieved in the area to which the plan relates. (5) An action plan must set out particular measures the local authority will take to secure the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates, and must in relation to each measure specify a date by which it will be carried out. (6) A local authority may revise an action plan at any time, and must revise an action plan if it considers that there is a need for further or different measures to be taken to secure that air quality standards and objectives are achieved or maintained in the area to which the plan relates. (7) Subsections (8) to (10) apply where a district council in an area for which there is a county council is preparing an action plan, or a revision of an action plan. (8) Where the county council disagrees with the contents of the proposed plan, or the proposed revision of a plan, a referral of the matter may be made to the Secretary of State by— (a) the county council; (b) the district council preparing the plan or revision. (9) The Secretary of State may, on a reference made under subsection (8), confirm (with or without modifications) or reject the proposed action plan, or revision of an action plan. (10) Where a reference has been made under subsection (8), the district council may not finally determine the proposed action plan or revision of an action plan, except in accordance with the decision of the Secretary of State on the reference or in pursuance of a direction made by the Secretary of State under section 85.

7

(1) Section 84 (duties of local authorities in relation to designated areas) is amended as follows.

(2) In the heading, after “of” insert “Scottish and Welsh”.

(3) Before subsection (2) insert—

(1A) This section applies in relation to a local authority in Scotland or Wales.

(4) Omit subsection (5).

8

After section 85 insert—

(85A) (1) For the purposes of this Part, an “air quality partner” of a local authority means a person identified by that authority in accordance with section 82(5)(b) or (c). (2) An air quality partner of a local authority must provide the authority with such assistance in connection with the carrying out of any of the authority’s functions under this Part as the authority requests. (3) An air quality partner may refuse a request under subsection (2) to the extent it considers the request unreasonable. (85B) (1) Where a local authority in England intends to prepare an action plan it must notify each of its air quality partners that it intends to do so. (2) Where an air quality partner of a local authority has been given a notification under subsection (1) it must, before the end of the relevant period, provide the authority with proposals for particular measures the partner will take to contribute to the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates. (3) An air quality partner that provides proposals under subsection (2) must— (a) in those proposals, specify a date for each particular measure by which it will be carried out, and (b) as far as is reasonably practicable, carry out those measures by those dates. (4) An action plan prepared by a local authority in England must set out any proposals provided to it by its air quality partners under subsection (2) (including the dates specified by those partners by virtue of subsection (3)(a)). (5) The Secretary of State may direct an air quality partner to make further proposals under subsection (2) by a date specified in the direction where the Secretary of State considers the proposals made by the partner under that subsection are insufficient or otherwise inappropriate. (6) A direction under subsection (5) may make provision about the extent to which the further proposals are to supplement or replace any other proposals made under subsection (2) by the air quality partner. (7) An air quality partner must comply with any direction given to it under this section.

9

(1) Section 86 (functions of county councils for areas for which there are district councils) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2), for the words before paragraph (a) substitute “A county council for an area in England for which there are district councils may make recommendations to any of those district councils with respect to the carrying out of—”.

(4) After subsection (2) insert—

(2A) Where a district council of a district in England for which there is a county council intends to prepare an action plan it must notify the county council that it intends to do so.

(5) For subsections (3) to (5) substitute—

(3) Where a county council has been given a notification by a district council under subsection (2A) it must, before the end of the relevant period, provide the district council with proposals for particular measures the county council will take to contribute to the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates. (4) A county council that provides proposals under subsection (3) must— (a) in those proposals, specify a date for each particular measure by which it will be carried out, and (b) as far as is reasonably practicable, carry out those measures by those dates. (5) An action plan prepared by a district council of a district in England for which there is a county council must set out any proposals provided to it by the county council under subsection (3) (including the dates specified by the county council by virtue of subsection (4)(a)).

(6) In subsection (6), in paragraph (a), after “district council” insert “of a district in England for which there is a county council”.

(7) In subsection (7)—

(a) in paragraph (a), omit the words from “above or” to the end;

(b) in paragraph (b)—

(i) omit “or statement”;

(ii) omit “or (4) above”;

(i) omit “or statement”;

(ii) omit “or (4) above”.

10

For section 86A substitute—

(86A) (1) Where a local authority in London intends to prepare an action plan it must notify the Mayor of London (referred to in this section as “the Mayor”). (2) Where the Mayor has been given a notification under subsection (1) by a local authority in London the Mayor must, before the end of the relevant period, provide the authority with proposals for particular measures the Mayor will take to contribute to the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates. (3) Where the Mayor provides proposals under subsection (2), the Mayor must— (a) in those proposals, specify a date for each particular measure by which it will be carried out, and (b) as far as is reasonably practicable, carry out those measures by those dates. (4) An action plan prepared by a local authority in London must set out any proposals provided to it by the Mayor under subsection (2) (including the dates specified by the Mayor by virtue of subsection (3)(a)). (86B) (1) Where a local authority in the area of a combined authority intends to prepare an action plan it must notify the combined authority. (2) Where a combined authority has been given a notification under subsection (1) by a local authority, the combined authority must, before the end of the relevant period, provide the local authority with proposals for particular measures the combined authority will take to contribute to the achievement, and maintenance, of air quality standards and objectives in the area to which the plan relates. (3) Where a combined authority provides proposals under subsection (2), the combined authority must— (a) in those proposals, specify a date for each particular measure by which it will be carried out, and (b) as far as is reasonably practicable, carry out those measures by those dates. (4) An action plan prepared by a local authority in the area of a combined authority must set out any proposals provided to it under subsection (2) (including the dates specified by virtue of subsection (3)(a)). (5) In this section “combined authority” has the meaning it has in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act).

11

(1) Section 87 (regulations) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (c), after “authorities” insert “, relevant county councils, relevant public authorities or the Agency”;

(b) in paragraph (j), after “otherwise)” insert “, relevant county councils, relevant public authorities, the Agency”;

(c) in paragraph (l), after “authorities” insert “, relevant county councils, relevant public authorities or the Agency”;

(d) in paragraph (m)—

(i) after “local authority” insert “, a relevant county council, a relevant public authority or the Agency”;

(ii) after “the authority”, in both places it occurs, insert “, council or Agency”.

(3) After that subsection insert—

(2A) In subsection (2) “relevant county council” means a county council for an area in England for which there are district councils.

12

In section 88, in subsection (3), after “district councils” insert “, relevant public authorities and the Agency”.

13

In section 91 (interpretation), in subsection (1)—

(a) for the definition of “action plan” substitute—

“action plan” is to be construed— in relation to England, in accordance with section 83A; otherwise, in accordance with section 84(2);

;

(b) at the appropriate places insert—

“air quality partner” has the meaning given by section 85A(1);

;

“neighbouring authority”, in relation to a local authority (“the principal authority”), means another local authority whose area is contiguous with the area of the principal authority;

;

“relevant public authority” has the meaning given by section 81A(2);

14

In Schedule 11 (air quality: supplemental provisions), in paragraph 1(2), for paragraph (d) substitute—

(d) every neighbouring authority;

SCHEDULE 12

PART 1 — Principal amendments to the Clean Air Act 1993: England

1

The Clean Air Act 1993 is amended as follows.

2

After section 19 insert—

(19A) Schedule 1A makes provision for financial penalties in relation to the emission of smoke in smoke control areas in England.

3

After Schedule 1 insert—

SCHEDULE 1A (1) In this Schedule— - “relevant chimney” means—a chimney of a building to which a smoke control order in England applies, ora chimney which serves the furnace of any fixed boiler or industrial plant to which a smoke control order in England applies; - “person liable”, in relation to a relevant chimney, means—if the chimney is the chimney of a building, the occupier of the building, orif the chimney serves the furnace of any fixed boiler or industrial plant, the person having possession of the boiler or plant. (2) (1) This paragraph applies where a local authority is satisfied, on the balance of probabilities, that on a particular occasion smoke has been emitted from a relevant chimney within a smoke control area declared by that authority. (2) The local authority may give to the person liable a notice under this paragraph (a “notice of intent”). (3) A notice of intent must— (a) inform the person that the local authority is satisfied as specified in sub-paragraph (1), (b) specify the occasion referred to in sub-paragraph (1), (c) inform the person that the local authority proposes to impose a financial penalty under this Schedule (including the proposed amount of the penalty), and (d) give details regarding the person’s right to object to the imposition of a financial penalty. (3) (1) The minimum amount of a financial penalty that may be imposed under this Schedule is £175. (2) The maximum amount of a financial penalty that may be imposed under this Schedule is £300. (3) The Secretary of State may by regulations amend sub-paragraph (1) or (2) so as to substitute a different amount for the amount specified there. (4) Regulations under sub-paragraph (3) may not be made unless a draft of the regulations has been laid before, and approved by resolution of, each House of Parliament. (4) (1) A person to whom a notice of intent is given may, within the period of 28 days beginning with the day after that on which the notice was given— (a) object in writing to the local authority on a ground specified in sub-paragraph (2), and (b) provide evidence that supports the objection. (2) The grounds of objection referred to in sub-paragraph (1) are— (a) that there was no emission of smoke from the chimney on the occasion specified in the notice of intent; (b) that the chimney was not a chimney to which a smoke control order applied on the occasion specified in the notice of intent; (c) that the person to whom the notice of intent was given was not a person liable in relation to the chimney on the occasion specified in the notice of intent; (d) that there are other compelling reasons why the financial penalty should not be imposed. (3) Where a person objects on the ground specified in sub-paragraph (2)(c), the objection must include the name and address of the person who was the person liable on the occasion specified in the notice of intent (if known). (4) The Secretary of State may by regulations amend this paragraph so as to amend the grounds of objection listed in sub-paragraph (2). (5) Before making regulations under sub-paragraph (4) the Secretary of State must consult anyone that the Secretary of State considers may have an interest in the proposed regulations. (6) Regulations under sub-paragraph (4) may not be made unless a draft of the regulations has been laid before, and approved by resolution of, each House of Parliament. (5) (1) Where a local authority in England has given a notice of intent to a person, the authority may impose a financial penalty on the person if the local authority so decides within— (a) the period of 56 days beginning with the day on which an objection is made under paragraph 4, or (b) if no such objection is made, the period of 56 days beginning with the day after the day on which the period mentioned in paragraph 4(1) ended. (2) If the local authority decides not to impose a financial penalty on a person, or does not decide to impose a financial penalty on the person within the period specified in sub-paragraph (1), the authority must give a notice to that person that informs the person that a financial penalty will not be imposed. (6) (1) This paragraph applies where a local authority in England decides to impose a financial penalty on a person who was given a notice of intent. (2) The local authority may impose a financial penalty by a notice given to that person (a “final notice”). (3) A final notice must specify— (a) the amount of the financial penalty, (b) the reasons for imposing the penalty, (c) information about how to pay the penalty, (d) the period for payment of the penalty, and (e) information about rights of appeal. (4) The final notice must require the financial penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given. (7) (1) A local authority may at any time— (a) withdraw a notice of intent or a final notice, or (b) reduce the amount of the financial penalty specified in a final notice. (2) The power in sub-paragraph (1) is to be exercised by giving notice to the person to whom the notice of intent or final notice was given. (8) (1) A person on whom a financial penalty is imposed by a final notice may, within the period of 28 days beginning with the day after that on which the notice was given, appeal against the notice to the First-tier Tribunal. (2) The grounds for an appeal under this paragraph are that the decision to impose the financial penalty was— (a) based on an error of fact, (b) wrong in law, or (c) unreasonable. (3) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn. (4) On an appeal under this paragraph the First-tier Tribunal may— (a) quash the final notice, (b) confirm the final notice, (c) vary the final notice by reducing the amount of the financial penalty, or (d) remit to the local authority the decision whether to— (i) withdraw or confirm the final notice, or (ii) vary the final notice by reducing the amount of the financial penalty. (9) A financial penalty is recoverable as a civil debt due to the local authority that imposed the penalty. (10) (1) A local authority may delegate to a person the exercise of any of the authority’s functions under this Schedule. (2) A delegation under this paragraph must be made by giving notice to the person. (11) (1) A notice under this Schedule must be in writing. (2) A notice under this Schedule may be given to a person by— (a) handing it to the person, (b) leaving it at the person’s address, (c) sending it by post to the person at their address, or (d) with the person’s consent, sending it to them electronically. (12) (1) This paragraph applies in relation to a vessel which is moored in a smoke control area in England and is subject to the operation of this Schedule (see section 44). (2) If the local authority is unable to give a notice of intent to the occupier of the vessel who is not the registered owner of the vessel, the local authority may give the notice to the registered owner of the vessel instead. (3) In such a case, the ground for objecting to the proposed financial penalty mentioned in paragraph 4(2)(c) does not apply. (4) Where a notice of intent is given to a person in respect of a vessel, that person may object under paragraph 4 on the further ground that, on the occasion specified in the notice, the emission of smoke was solely due to the use of the vessel’s engine to propel the vessel or to provide electric power to the vessel.

4

After section 19A (as inserted by paragraph 2 above)—

(19B) (1) A person who acquires in England any controlled solid fuel for use in— (a) a building to which a smoke control order in England applies, (b) a fireplace to which such an order applies, or (c) a fixed boiler or industrial plant to which such an order applies, is guilty of an offence. (2) Where a smoke control order in England applies to a moored vessel (see section 44), subsection (1)(a) does not apply in relation to the acquisition of controlled solid fuel for use in the propulsion of the vessel or to provide electric power to the vessel. (3) Subsection (1)(b) does not apply where the fireplace was an approved fireplace at the time of the acquisition. (4) A person who— (a) offers controlled solid fuel for sale by retail in England where the fuel is to be taken away by a purchaser, and (b) fails to take reasonable steps to notify potential purchasers that it is an offence to acquire that fuel for any of the uses mentioned in subsection (1), is guilty of an offence. (5) A person who sells any controlled solid fuel by retail in England for delivery by that person, or on that person’s behalf, to— (a) a building to which a smoke control order in England applies, or (b) premises in which there is any fixed boiler or industrial plant to which such an order applies, is guilty of an offence. (6) In proceedings for an offence under subsection (5) it is a defence for the person accused to prove that the person believed and had reasonable grounds for believing that— (a) the building referred to in subsection (5)(a) was not one to which the smoke control order in question applied, or (b) the fuel was acquired for use in— (i) a fireplace that was, at the time of the delivery, an approved fireplace, or (ii) a boiler or plant to which the smoke control order did not apply. (7) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (8) A person guilty of an offence under subsection (4) or (5) is liable on summary conviction to a fine. (19C) (1) The Secretary of State may, if it appears to the Secretary of State to be necessary or expedient to do so, by order suspend or relax the operation of— (a) Schedule 1A (penalty for emission of smoke), or (b) section 19B(1), (4) or (5) (offences relating to acquisition and sale of fuel), in relation to the whole or part of a smoke control area in England. (2) Before making an order under subsection (1) the Secretary of State must consult the local authority that declared the smoke control area in question unless satisfied that, on account of urgency, such consultation is impracticable. (3) As soon as practicable after the making of such an order the local authority must take such steps as appear to them suitable for bringing the effect of the order to the notice of persons affected. (19D) (1) In section 19B, “approved fireplace” means a fireplace of a type specified in a list published by the Secretary of State. (2) The Secretary of State may only specify a type of fireplace in the list if satisfied that such a fireplace can, if used in compliance with any conditions specified in the list, be used for burning controlled solid fuel without producing any smoke or a substantial quantity of smoke. (3) In section 19B and this section, “controlled solid fuel” means any solid fuel other than an approved fuel. (4) In subsection (3), “approved fuel” means a solid fuel specified in a list which has been published by the Secretary of State for the purposes of this section.

5

After section 26 insert—

(26A) (1) This section applies where— (a) a local authority in England makes a smoke control order, (b) as a result of the order a vessel will, when the order comes into operation, be within a smoke control area and subject to the operation of Schedule 1A, (c) the owner or occupier of the vessel has a right to moor the vessel at a single mooring place within that area for the period which— (i) begins on the day on which the smoke control order is made, and (ii) ends six months after it comes into operation, and (d) the owner or occupier does not have access to a mains electricity or gas supply at the mooring place. (2) If— (a) before the coming into operation of the order, the owner or occupier incurs expenditure on adaptations to or in connection with the vessel to avoid the imposition of a penalty under Schedule 1A, (b) the expenditure is incurred with the approval of the local authority given for the purpose of this section, and (c) the adaptations are completed to the satisfaction of the local authority, the authority must pay to the owner or occupier of the vessel 70% of the expenditure. (3) That amount must be paid in equal instalments every month for a period of six months. (4) But the duty to pay instalments under this section ceases if, at any time after the coming into operation of the smoke control order— (a) the owner or occupier of the vessel ceases to have the right to moor the vessel at the single mooring place mentioned in subsection (1)(c), or (b) the vessel is absent from the smoke control area for a period of, or periods together totalling, three months.

6

After section 28 insert—

(28A) A local authority in England must have regard to any guidance published by the Secretary of State about the exercise of the authority’s functions under this Part.

7

In section 44 (vessels), after subsection (2) insert—

(2A) A smoke control order made under section 18 by a local authority in England may provide for vessels which are moored in the smoke control area to be subject to the operation of Schedule 1A. (2B) For the purposes of a smoke control order which so provides— (a) any reference in Part 3 and in section 54 to a building is to be read with any necessary modifications as a reference to such a vessel, but (b) references in sections 24 and 25 to dwellings do not include such vessels. (2C) In subsection (2A) the reference to vessels which are moored includes a vessel which is unmoored but which is stationary at a mooring place in circumstances where it might reasonably be moored.

8

In section 56 (rights of entry and inspection etc), for subsection (2) substitute—

(2) Subsection (1) does not apply in relation to a private dwelling except in relation to— (a) a private dwelling in relation to which adaptations are required under section 24(1), or (b) a private dwelling that is a vessel in relation to which there is a duty to make payments under section 26A(3).

PART 2 — Principal amendments to the Clean Air Act 1993: Wales

9

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10

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11

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PART 3 — Minor and consequential amendments

Minor and consequential amendments to the Clean Air Act 1993

12

The Clean Air Act 1993 is amended as follows.

13

(1) Section 18 (declaration of smoke control area by local authority) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (b)—

(i) after “smoke” insert “in Wales”;

(ii) before “to” insert “or Schedule 1A (penalty for emission of smoke in England)”;

(b) in paragraph (c), after “section” insert “or Schedule”.

(3) After subsection (2) insert—

(2A) For the purposes of this Part a smoke control order in England “applies” to a building, fireplace, fixed boiler or industrial plant if the operation of Schedule 1A is not excluded in relation to it by virtue of subsection (2)(b) or (c).

14

(1) Section 20 (prohibition on emission of smoke in smoke control area) is amended as follows.

(2) In the heading, at the end insert “in Wales”.

(3) In subsections (1) and (2), after “area” insert “in Wales”.

(4) Omit subsections (5ZA) to (5ZC).

(5) If at the time of the coming into force of this paragraph Part 2 of this Schedule is not in force, in subsection (6)—

(a) omit “Except as provided by subsection (5ZA),”;

(b) for “Secretary of State” substitute “Welsh Ministers”.

15

(1) Section 21 (power to exempt certain fireplaces) is amended as follows.

(2) In the heading, at the end insert “in Wales”.

(3) Omit subsections (A1) to (A4).

(4) If at the time of the coming into force of this paragraph Part 2 of this Schedule is not in force, in subsection (5)—

(a) omit “Except where subsection (A1) applies,”;

(b) for “Secretary of State” substitute “Welsh Ministers”;

16

(1) Section 22 (exemptions relating to particular areas) is amended as follows.

(2) In the heading, at the end insert “in Wales”.

(3) In subsection (1)—

(a) for “Secretary of State” substitute “Welsh Ministers”;

(b) for “him” substitute “them”;

(4) In subsection (2)—

(a) for “Secretary of State” substitute “Welsh Ministers”;

(b) for “he is” substitute “they are”.

17

(1) Section 23 (acquisition and sale of unauthorised fuel in a smoke control area) is amended as follows.

(2) In the heading, at the end insert “in Wales”.

(3) In subsection (1)—

(a) in paragraph (a), after “area” in both places insert “in Wales”;

(b) in paragraph (b), after “area” insert “in Wales”;

(i) after “fuel” insert “in Wales”;

(ii) in sub-paragraph (i), after “area” insert “in Wales”.

(4) In subsection (3), after “area” insert “in Wales”.

(5) In subsection (4)—

(a) for “Secretary of State” substitute “Welsh Ministers”;

(b) after first “area” insert “in Wales”.

(6) In subsection (5)—

(a) after first “fuel” insert “in Wales”;

(b) after “premises” insert “in Wales”.

18

In section 24 (power to require adaptations of fireplaces), in subsection (1)—

(a) after second “area” insert “in Wales”;

(b) at the end insert “or the imposition of a financial penalty under Schedule 1A (penalty for emission of smoke in England)”.

19

In section 26 (power to make grants for fireplaces in churches etc)—

(a) in subsection (1)—

(i) after second “area” insert “in Wales”;

(ii) before “, the local authority” insert “or the imposition of a financial penalty under Schedule 1A (penalty for emission of smoke in England)”;

(b) after subsection (2) insert—

(3) Where a smoke control order in England applies to a vessel which is moored (see section 44), subsection (2)(c) applies to the vessel as it applies in relation to premises.

20

In section 27 (references to adaptations)—

(a) in the heading, at the end insert “or Schedule 1A”;

(b) in subsection (1)—

(i) after “area” insert “in Wales”;

(ii) before “shall be read” insert “or the imposition of a financial penalty under Schedule 1A (penalty for emission of smoke in England)”;

(iii) at the end insert “or incurring liability under Schedule 1A”;

(d) in subsection (4), at the end insert “, and to any vessel to which section 26 or 26A (adaptations of vessels in England) applies”.

21

In section 28 (expenditure on execution of works), in subsection (3), at the end insert “, and to any vessel to which section 26 or section 26A (adaptations of vessels in England) applies”.

22

In section 29 (interpretation)—

(a) in the definition of “old private dwelling”, omit the final “and”;

(b) in the definition of “smoke control order”, at the end insert “and”;

“smoke control order in England” means a smoke control order made by a local authority in England.

23

In section 63 (orders and regulations)—

(a) in subsection (2), after “47(2)” insert “or paragraph 3(4) or 4(6) of Schedule 1A”;

(b) in subsection (3), after “section” insert “19C,”.

24

(1) Schedule 1 (coming into operation of smoke control orders) is amended as follows.

(2) In paragraph 5—

(a) after “area” insert “in Wales”;

(b) before “may” insert “or Schedule 1A (penalty for emission of smoke in England)”.

(3) After paragraph 6 insert—

(6A) When a local authority in England has made an order, the authority must— (a) inform the Secretary of State that it has done so, and (b) provide the date on which the order is to come, or came, into operation.

Minor amendments to other legislation

25

In section 79 of the Environmental Protection Act 1990 (statutory nuisances), in subsection (3)(i), insert “in Wales”.

PART 4 — Smoke control areas in England: transitional provision

26

Where a local authority in England has made a smoke control order under section 18 of the Clean Air Act 1993, any limitations or exemptions from the operation of section 20 of that Act (prohibition of emissions of smoke) made by that order under section 18(2)(b) or (c) of that Act that apply immediately before the commencement of Parts 1 and 3 of this Schedule continue to apply as if they were limitations or exemptions from the operation of Schedule 1A to that Act (penalty for emission of smoke), as inserted by paragraph 3 of this Schedule.

SCHEDULE 13

SCHEDULE 14

PART 1 — Biodiversity gain condition

1

In the Town and Country Planning Act 1990, after section 90 insert—

(90A) Schedule 7A (biodiversity gain in England) has effect.

2

In that Act, after Schedule 7 insert—

SCHEDULE 7A (1) (1) This Schedule makes provision for grants of planning permission in England to be subject to a condition to secure that the biodiversity gain objective is met. (2) Paragraphs 2 to 12 have effect for the purposes of this Schedule. (2) (1) The biodiversity gain objective is met in relation to development for which planning permission is granted if the biodiversity value attributable to the development exceeds the pre-development biodiversity value of the onsite habitat by at least the relevant percentage. (2) The biodiversity value attributable to the development is the total of— (a) the post-development biodiversity value of the onsite habitat, (b) the biodiversity value, in relation to the development, of any registered offsite biodiversity gain allocated to the development, and (c) the biodiversity value of any biodiversity credits purchased for the development. (3) The relevant percentage is 10%. (4) The Secretary of State may by regulations amend this paragraph so as to change the relevant percentage. (3) References to the biodiversity value of any habitat or habitat enhancement are to its value as calculated in accordance with the biodiversity metric. (4) (1) The biodiversity metric is a document for measuring, for the purposes of this Schedule, the biodiversity value or relative biodiversity value of habitat or habitat enhancement. (2) The biodiversity metric is to be produced and published by the Secretary of State. (3) The Secretary of State may from time to time revise and republish the biodiversity metric. (4) Before publishing or republishing the biodiversity metric the Secretary of State must consult such persons as the Secretary of State considers appropriate. (5) The Secretary of State may by regulations make transitional provision in relation to the revision and republication of the biodiversity metric. (6) The Secretary of State must lay the biodiversity metric, and any revised biodiversity metric, before Parliament. (5) (1) In relation to any development for which planning permission is granted, the pre-development biodiversity value of the onsite habitat is the biodiversity value of the onsite habitat on the relevant date. (2) The relevant date is— (a) in a case in which planning permission is granted on application, the date of the application, and (b) in any other case, the date on which the planning permission is granted. (3) But the person submitting the biodiversity gain plan for approval and the planning authority may agree that the relevant date is to be a date earlier than that specified in sub-paragraph (2)(a) or (b) (but not a date which is before the day on which this Schedule comes into force in relation to the development). (4) This paragraph is subject to paragraphs 6 and 7. (6) If— (a) a person carries on activities on land on or after 30 January 2020 otherwise than in accordance with— (i) planning permission, or (ii) any other permission of a kind specified by the Secretary of State by regulations, and (b) as a result of the activities the biodiversity value of the onsite habitat referred to in paragraph 5(1) is lower on the relevant date than it would otherwise have been, the pre-development biodiversity value of the onsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities. (7) Where planning permission is granted in respect of land which is registered in the biodiversity gain site register under section 100 of the Environment Act 2021, the pre-development biodiversity value of the land is the total of— (a) the biodiversity value of the onsite habitat on the relevant date, and (b) to the extent that it is not included within that value, the biodiversity value of the habitat enhancement which is, on that date, recorded in the register as habitat enhancement to be achieved on the land. (8) (1) In relation to any development for which planning permission is granted, the post-development biodiversity value of the onsite habitat is the projected value of the onsite habitat as at the time the development is completed. (2) That value is to be calculated by taking the pre-development biodiversity value and— (a) if at the time the development is completed the development will, taken as a whole, have increased the biodiversity value of the onsite habitat, adding the amount of that increase, or (b) if at the time the development is completed the development will, taken as a whole, have decreased the biodiversity value of the onsite habitat, subtracting the amount of that decrease. This is subject to paragraph 9. (9) (1) This paragraph applies in relation to any development for which planning permission is granted where— (a) the person submitting the biodiversity gain plan for approval proposes to carry out works in the course of the development that increase the biodiversity value of the onsite habitat, and (b) the planning authority considers that the increase is significant in relation to the pre-development biodiversity value. (2) The increase in biodiversity value referred to in sub-paragraph (1) is to be taken into account in calculating the post-development biodiversity value of the onsite habitat only if the planning authority is satisfied that the condition in sub-paragraph (3) is met. (3) The condition is that any habitat enhancement resulting from the works referred to in sub-paragraph (1)(a) will, by virtue of— (a) a condition subject to which the planning permission is granted, (b) a planning obligation, or (c) a conservation covenant, be maintained for at least 30 years after the development is completed. (4) The Secretary of State may by regulations amend sub-paragraph (3) so as to substitute for the period for the time being specified there a different period of at least 30 years. (10) (1) “Registered offsite biodiversity gain” means any habitat enhancement, where— (a) the enhancement is required to be carried out under a conservation covenant or planning obligation, and (b) the enhancement is recorded in the biodiversity gain site register (as to which, see section 100 of the Environment Act 2021). (2) References to the allocation of registered offsite biodiversity gain are to its allocation in accordance with the terms of the conservation covenant or planning obligation referred to in sub-paragraph (1)(a). (3) The biodiversity value of registered offsite biodiversity gain is measured, under the biodiversity metric, in relation to development to which it is allocated. (11) “Biodiversity credits” means credits under section 101 of the Environment Act 2021. (12) (1) In relation to development for which planning permission is granted— - “onsite habitat” means habitat on the land to which the planning permission relates; - “planning authority” means the local planning authority, except that—in a case where the planning permission is granted by Mayoral development order under section 61DB, “planning authority” means such of the Mayor of London or the local planning authority as may be specified in the order;in a case where the planning permission is granted by the Secretary of State under section 62A, 76A or 77, “planning authority” means such of the Secretary of State or the local planning authority as the Secretary of State may determine;in a case where the planning permission is granted on an appeal under section 78, “planning authority” means such of the person determining the appeal or the local planning authority as that person may direct. (2) “Habitat enhancement” means enhancement of the biodiversity of habitat. (3) References to the grant of planning permission include the deemed grant of planning permission. (13) (1) Every planning permission granted for the development of land in England shall be deemed to have been granted subject to the condition in sub-paragraph (2). (2) The condition is that the development may not be begun unless— (a) a biodiversity gain plan has been submitted to the planning authority (see paragraph 14), and (b) the planning authority has approved the plan (see paragraph 15). (14) (1) For the purposes of paragraph 13(2)(a), a biodiversity gain plan is a plan which— (a) relates to development for which planning permission is granted, and (b) specifies the matters referred to in sub-paragraph (2). (2) The matters are— (a) information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat, (b) the pre-development biodiversity value of the onsite habitat, (c) the post-development biodiversity value of the onsite habitat, (d) any registered offsite biodiversity gain allocated to the development and the biodiversity value of that gain in relation to the development, (e) any biodiversity credits purchased for the development, and (f) such other matters as the Secretary of State may by regulations specify. (3) The Secretary of State may by regulations make provision about— (a) any other matters to be included in a biodiversity gain plan; (b) the form of a biodiversity gain plan; (c) the procedure to be followed in relation to the submission of a biodiversity gain plan (including the time by which a plan must be submitted); (d) persons who may or must submit a biodiversity gain plan. (15) (1) For the purposes of paragraph 13(2)(b) a planning authority to which a biodiversity gain plan is submitted must approve the plan if, and only if, it is satisfied as to the matters specified in sub-paragraph (2). (2) The matters are— (a) that the pre-development biodiversity value of the onsite habitat is as specified in the plan, (b) that the post-development biodiversity value of the onsite habitat is at least the value specified in the plan, (c) that, in a case where any registered offsite biodiversity gain is specified in the plan as allocated to the development— (i) the registered offsite biodiversity gain is so allocated (and, if the allocation is conditional, that any conditions attaching to the allocation have been met or will be met by the time the development begins), and (ii) the registered offsite biodiversity gain has the biodiversity value specified in the plan in relation to the development, (d) that any biodiversity credits specified in the plan as purchased for the development have been so purchased, (e) that the biodiversity gain objective is met, and (f) any other matters specified in the plan under paragraph 14(2)(f). (16) The Secretary of State may make regulations as to— (a) the procedure which a planning authority is to follow in determining whether to approve a biodiversity gain plan (including the time by which a determination must be made); (b) factors which may or must be taken into account in making such a determination; (c) appeals relating to such a determination. (17) Paragraph 13 does not apply in relation to— (a) development for which planning permission is granted— (i) by a development order, or (ii) under section 293A (urgent Crown development), or (b) development of such other description as the Secretary of State may by regulations specify. (18) (1) The Secretary of State may by regulations make provision modifying or excluding the application of this Part of this Schedule in relation to any development for which planning permission is granted where the onsite habitat is “irreplaceable habitat” as defined in the regulations. (2) Regulations under this paragraph must make provision requiring, in relation to any such development, the making of arrangements for the purpose of minimising the adverse effect of the development on the biodiversity of the onsite habitat. (3) Regulations under this paragraph may confer powers and duties, including powers and duties in relation to the giving of guidance, on Natural England. (19) (1) The Secretary of State may by regulations make provision modifying the application of this Part of this Schedule in relation to— (a) the grant of outline planning permission, where the reservation of matters for subsequent approval has the effect of requiring or permitting development to proceed in phases, or (b) the grant of any kind of planning permission, where the grant is subject to conditions (whether requiring the subsequent approval of any matters or otherwise) having that effect. (2) Regulations under this paragraph may include provision for a grant of planning permission referred to in sub-paragraph (1)(a) or (b) to be subject to conditions relating to meeting the biodiversity gain objective referred to in paragraph 2. (20) (1) The Secretary of State may by regulations make provision modifying or excluding the application of this Part of this Schedule in relation to development for which— (a) planning permission is granted under section 73A (planning permission for development already carried out), or (b) planning permission is granted by an order under section 102 (orders requiring discontinuance of use etc). (2) Regulations under this paragraph may in particular include provision— (a) for paragraph 13 not to apply in relation to the grant of planning permission referred to in sub-paragraph (1)(a) or (b); (b) for the grant of any such planning permission to be subject to other conditions relating to meeting the biodiversity gain objective. (3) The conditions referred to in sub-paragraph (2)(b) may include conditions requiring— (a) habitat enhancement on the land to which the planning permission relates; (b) the allocation of registered offsite biodiversity gain to any development for which the planning permission is granted; (c) the purchase of biodiversity credits for any such development. (21) The Secretary of State may by regulations make provision to apply this Part of this Schedule in relation to development for which planning permission is granted under section 141 or 177(1), with such modifications or exclusions as may be specified in the regulations.

PART 2 — Consequential amendments

3

(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 56 (time when development begins), in subsection (3), at the end insert “and paragraph 13 of Schedule 7A”.

(3) In section 69 (register of applications etc)—

(a) in subsection (1), at the end insert—

(e) applications for approval of biodiversity gain plans under Part 2 of Schedule 7A.

;

(b) in subsection (2)(a), for “and (aza)” substitute “, (aza) and (e)”.

(4) In section 70 (determination of applications: general considerations), in subsection (1)(a), after “section 62D(5)” insert “, paragraph 13 of Schedule 7A”.

(5) In section 73 (determination of applications to develop land after non-compliance), after subsection (2A) insert—

(2B) Nothing in this section authorises the disapplication of the condition under paragraph 13 of Schedule 7A (biodiversity gain condition). (2C) Subsection (2D) applies where— (a) for the purposes of paragraph 13 of Schedule 7A a biodiversity gain plan was approved in relation to the previous planning permission (“the earlier biodiversity gain plan”), (b) planning permission is granted under this section, and (c) the conditions subject to which the planning permission is granted under this section do not affect the post-development biodiversity value of the onsite habitat as specified in the earlier biodiversity gain plan. (2D) Where this subsection applies, the earlier biodiversity gain plan is regarded as approved for the purposes of paragraph 13 of Schedule 7A in relation to the planning permission granted under this section.

(6) In section 74A (deemed discharge of planning permission conditions), after subsection (2) insert—

(2A) But this section does not apply to the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).

(7) In section 76C (provisions applying to applications made under section 62A), in subsection (2), after “Schedule 1” insert “, or by regulations under paragraph 14(3) or 16 of Schedule 7A,”.

(8) In section 84 (simplified planning zone schemes: conditions and limitations on planning permission), at the end insert—

(5) A simplified planning zone scheme may not disapply the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).

(9) In section 88 (enterprise zones), after subsection (3) insert—

(3A) Subsection (3) is subject to paragraph 13 of Schedule 7A (biodiversity gain condition).

(10) In section 96A (power to make non-material changes to planning permission), after subsection (3) insert—

(3A) The conditions referred to in subsection (3)(b) do not include the condition under paragraph 13 of Schedule 7A (biodiversity gain condition).

(11) In section 97 (revocation or modification of planning permission), at the end insert—

(7) Subsection (1) does not permit the revocation or modification of the condition under paragraph 13 of Schedule 7A (the biodiversity gain condition), subject as follows. (8) The Secretary of State may by regulations make provision— (a) for the condition under paragraph 13 of Schedule 7A to apply in relation to the modification of planning permission under this section, subject to such modifications as may be specified in the regulations; (b) for planning permission modified under this section to be subject to other conditions relating to meeting the biodiversity gain objective referred to in paragraph 2 of Schedule 7A (including conditions of a kind referred to in paragraph 20(3) of that Schedule).

(12) In section 100ZA (restriction on power to impose planning conditions in England), in subsection (13)(c), after “limitation” insert “but do not include the condition under paragraph 13 of Schedule 7A (biodiversity gain condition)”.

(13) In section 106 (planning obligations), in subsection (1), in the words before paragraph (a), after “106C” insert “, Schedule 7A”.

(14) In section 106A (modification and discharge of planning obligations), after subsection (6) insert—

(6A) Except in such cases as may be prescribed, the authority may not under subsection (6) discharge or modify the planning obligation if the authority considers that doing so would— (a) prevent the biodiversity gain objective referred to in paragraph 2 of Schedule 7A from being met in relation to any development, or (b) give rise to a significant risk of that objective not being met in relation to any development.

(15) In section 333 (regulations and orders), after subsection (3A) insert—

(3AA) No regulations may be made under paragraph 2(4) of Schedule 7A (biodiversity gain condition) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

SCHEDULE 15

PART 1 — Principal amendments to the Planning Act 2008

1

The Planning Act 2008 is amended as follows.

2

In section 103 (Secretary of State is to decide applications), after subsection (1) insert—

(1A) Schedule 2A makes provision about biodiversity gain in relation to decisions of the Secretary of State under sections 104 and 105; and for related matters.

3

(1) Section 104 (decisions in cases where national policy statement has effect) is amended as follows.

(2) For subsection (3) substitute—

(3) The Secretary of State must decide the application in accordance with any relevant national policy statement. (3A) In particular, if a relevant national policy statement contains a biodiversity gain statement under Schedule 2A in relation to development of the description to which the application relates, the Secretary of State may not grant the application unless satisfied that the biodiversity gain objective contained in the statement is met in relation to the development to which the application relates. (3B) Subsections (3) and (3A) do not apply to the extent that one or more of subsections (4) to (8) applies.

(3) In each of subsections (4), (5) and (6), for “any relevant national policy statement” substitute “subsection (3) or (3A)”.

(4) In subsection (8), for “a national policy statement” substitute “subsection (3) or (3A)”.

4

(1) Section 105 (decisions in cases where no national policy statement has effect), after subsection (2) insert—

(3) Where there is a biodiversity gain statement under Schedule 2A in relation to development of the description to which the application relates, the Secretary of State may not grant the application unless satisfied that the biodiversity gain objective contained in the statement is met in relation to the development to which the application relates. (4) Subsection (3) does not apply to the extent that the Secretary of State is satisfied that deciding the application in accordance with that subsection would have an effect referred to in section 104(4), (5), (6) or (7).

5

After Schedule 2 insert—

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