# The Air Quality Limit Values (Wales) Regulations 2002, Regulation 10: Action to be taken where limit values are exceeded

Extent: E+W

(1) The National Assembly must draw up a list of zones in which the levels of one or more of the relevant pollutants are higher than—
(a) in a case where there is no margin of tolerance shown in Schedule 1 in relation to a limit value, the limit value;
(b) in any other case, the limit value plus the margin of tolerance shown in Schedule 1.
(2) The National Assembly must draw up a list of zones in which the levels of one or more of the relevant pollutants are between the limit value and the limit value plus any margin of tolerance.
(3) Subject to paragraphs (8), (10) and (11), the National Assembly must draw up for each zone listed under paragraph (1) a plan or programme for attaining the limit values for the pollutants in question and must ensure that the plan or programme is implemented.
(4) Where a date by which the limit value is to be met is specified in Schedule 1, the plan or programme is to be for attaining that limit value by that date.
(5) Where no date by which the limit value is to be met is specified in Schedule 1, the plan or programme is to be for attaining that limit value from the date on which these Regulations come into force .
(6) The plan or programme must at least include the information listed in Schedule 7.
(7) Where in any zone the level of more than one pollutant is higher than the limit values, an integrated plan covering all the pollutants in question must be prepared.
(8) For zones to which regulation 6(7)(a) applies, the National Assembly may provide that plan or programmes is only required under this regulation where the limit values are exceeded owing to man-made emissions.
(9) Plans or programmes for PM10 which are prepared in accordance with this regulation must also have the aim of reducing concentrations of PM2.5.
(10) For zones to which regulation 6(7)(b)(i) applies, the National Assembly may provide that plans or programmes is only required where the limit values are exceeded owing to causes other than natural events.
(11) For zones to which regulation 6(7)(b)(ii) applies, the National Assembly may provide that plans or programmes is only required where the limit values are exceeded owing to PM10 levels other than those caused by winter road sanding.
(12) The National Assembly must ensure that the public is given early and effective opportunities to participate in the preparation and modification or review of any plan or programme which is required to be drawn up under paragraph (3), in accordance with paragraphs (13) and (14).
(13) The National Assembly must—
(a) ensure that the public is informed, whether by public notices or other appropriate means such as electronic media, about any proposals for the preparation of such plans or programmes, or for their modification or review;
(b) ensure that any information about the proposals referred to in paragraph (a) which the National Assembly considers to be relevant is made available to the public, including information about the right to participate in decision-making and to submit comments to the National Assembly;
(c) ensure that the public is given an opportunity to submit comments before decisions on the plan or programme are made;
(d) take due account of any such comments in making those decisions; and
(e) having examined the comments submitted by the public, make reasonable efforts to inform the public about the decisions taken and the reasons and considerations upon which those decisions were based, including information about the public participation process.
(14) The National Assembly must publish any information which it is required to give under paragraphs (12) and (13) in such manner as it considers appropriate for the purpose of bringing it to the attention of the public and must—
(a) make copies of such information accessible to the public free of charge through the website of the National Assembly for Wales; and
(b) specify in a notice on that website the detailed arrangements which it has made for public participation in the preparation, modification and review of plans or programmes, including
(i) the address to which comments must be submitted and
(ii) the timescales within which comments may be submitted, allowing sufficient time for each of the different stages of public participation required by paragraphs (12) and (13).

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Source: https://www.legislation.gov.uk/wsi/2002/3183/regulation/10 (the official version)
Page: https://openlegislation.uk/air-quality-limit-values-wales-regulations-2002/regulation-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.