Explanatory note

The Secretary of State is under a duty to ensure that air quality standards are maintained, set out in regulation 17 of, and Schedule 2 to, the Air Quality Standards Regulations 2010 (S.I. 2010/1001) (“the 2010 Regulations”). For nitrogen dioxide one such limit is that levels of nitrogen dioxide must not exceed 40 micrograms per cubic metre, averaged over a calendar year. They implement the UK’s obligations under Directive 2008/50/EC on ambient air quality and cleaner air for Europe (amongst other things). They will continue to form part of UK law after the end of the implementation period on 31st December 2020 at 23:00.

Various local authorities (“charging authorities”) with responsibility for traffic have the power to make charging schemes under Chapter 1 of Part 3 of the Transport Act 2000 (c. 38). Charging schemes allow, for example, motorists to be charged for travelling in the area for which the charging authority is responsible.

The Secretary of State has the power to direct charging authorities to introduce charging schemes under section 85(5) of the Environment Act 1995 (c. 25); and may do so to discharge the regulation 17 duty under the 2010 Regulations.

These Regulations apply to the charging authorities defined in regulation 2(1). These are charging authorities which have made charging schemes under an extant direction of the Secretary of State given for the purpose of reducing nitrogen dioxide levels to the level required by the 2010 Regulations.

The Secretary of State will provide services known as the clean air zones central services which charging authorities may choose to use. These include a website which will allow motorists to check whether they need to pay a charge under a charging scheme and, if so, make the payments. Where charging authorities use the clean air zones central services, regulation 3 imposes a fee of £2 per charge paid for by a payment processed through the services and makes provision for its collection.

An impact assessment has not been produced for this instrument as it has no impact, or no significant impact, on the costs of business, charities or the voluntary sector.