A
bill
to
Enable London Borough Councils and the Common Council of the City of London to achieve reductions in airborne emissions from specified plant in their areas and to make provision for the Secretary of State to set emission limits for such plant; to provide for fixed penalty notices in specified circumstances; and for connected purposes.
B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Where the air quality in any area within a borough, or the City of London,
exceeds World Health Organization Air Quality Guidelines for one or more
pollutants, the local authority for that area may designate the area as an air
quality improvement area.
The local authority may determine that an area designated under subsection
(1) will cease to be an air quality improvement area.
Any designation under subsection (1) or determination under subsection (2)
must—
state the date and time from which the designation or determination
will take effect;
specify the types of plant which will be, or will cease to be, subject to
the designation (being plant of a type described in any of sections 2
to 6 of this Act);
in the case of a designation, specify for each type of plant to which
the designation relates the NOx and PM emission limits for that type
of plant as provided for in regulations made by the Secretary of State;
state any time of day, period or occasion when operation of stationary
generators is prohibited or will cease to be prohibited; and
include a map of the area which is to be designated or will cease to
be designated.
Not less than two months before such a designation or determination takes
effect, the local authority must publish details of the designation or
determination giving a description of its effect—
on the local authority’s website; and
by advertisement in a newspaper circulating in the area to which the
designation or determination relates, such notice to be published on
two separate occasions, the first publication to be not more than seven
days after the making of the designation or determination and the
second publication to be not less than one month before the designation
or determination takes effect.
In this section “World Health Organization Air Quality Guidelines” means
guidelines on air quality and emissions as published by the World Health
Organization from time to time.
In any premises within an air quality improvement area, the amount of NOx
emitted by a boiler which is fired by gaseous fuels and has a rated heat output
of less than 1MW must at all times be less than an amount specified in
regulations made by the Secretary of State.
A person who installs or permits the installation of a boiler which does not
comply with subsection (1) is guilty of an offence and liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
In this section, “boiler” means a device that provides heat to a water-based
central heating system in order to reach and maintain at a desired level the
indoor temperature of an enclosed space and includes a device that is designed
to provide heat to deliver hot drinking or sanitary water at given temperature
levels, quantities and flow rates during given intervals, and is connected to
an external supply of drinking or sanitary water.
Within an air quality improvement area—
the amount of NOx and PM emitted by the operation of non-road
mobile machinery must be less than an amount specified in regulations
made by the Secretary of State; or
the non-road mobile machinery must be of a description that is
exempted from paragraph (a) by regulations made by the Secretary
of State.
A person who operates or permits the operation of non-road mobile machinery
which does not comply with subsection (1) is guilty of an offence and liable
on summary conviction to a fine not exceeding level 5 on the standard scale.
In this section “non-road mobile machinery” means any mobile machine,
transportable equipment or vehicle, with or without bodywork or wheels—
in which an internal combustion engine is installed; and
which is not intended for the transport of passengers or goods on
roads, railways, or water;
and includes machinery installed on the chassis of a vehicle intended for the
transport of passengers or goods on roads.
For the purposes of subsection (3) “non-road mobile machinery” does not
include—
agricultural and forestry tractors;
sea-going vessels;
inland waterway vessels;
any recreational craft or personal watercraft;
aircraft;
recreational vehicles except snowmobiles, all-terrain vehicles and
side-by-side vehicles;
vehicles and machinery exclusively used or intended to be exclusively
used in competitions;
portable firefighting pumps;
reduced-scale models or reduced-scale replicas of vehicles or
machinery.
In any premises within an air quality improvement area, the amount of NOx
and PM emitted by a stationary generator with a rated thermal input equal
to or less than 1MW installed on the premises must be less than an amount
specified in regulations made by the Secretary of State.
Where the designation of an air quality improvement area specifies any time
of day, period or occasion when the operation of stationary generators is
prohibited, a stationary generator must not be operated in that air quality
improvement area except in an emergency.
A person who—
installs or permits the installation of a stationary generator which does
not comply with subsection (1); or
operates or permits the operation of a stationary generator contrary
to subsection (2),
is guilty of an offence and liable on summary conviction to a fine not
exceeding level 5 on the standard scale.
In this section—
“stationary generator” means fixed combustion plant which is used
for the purpose of generating electricity, and does not include any
generator that is mobile unless it is connected to—
an electricity transmission system or distribution system, or
apparatus, equipment or appliances at a site performing a
function that could be performed by a generator that is not
mobile;
“emergency” means a disruption of the supply of electricity to the
premises.
In any premises within an air quality improvement area the amount of NOx
and PM emitted by a solid fuel boiler with a rated heat output of less than
1MW installed on the premises must be less than an amount specified in
regulations made by the Secretary of State.
A person who installs or permits the installation of a solid fuel boiler which
does not comply with subsection (1) is guilty of an offence and liable on
summary conviction to a fine not exceeding level 5 on the standard scale.
In this section—
“solid fuel boiler” means any plant that burns solid fuel to provide
heat and is—
designed in compliance with the Domestic Renewable Heat
Incentive Scheme Regulations 2014 (S.I. 2014/928); and
installed to the relevant installation standard as defined in
regulation 8(2) of those regulations;
“solid fuel” means fuel that is solid at normal indoor room temperature,
including solid biomass or solid fossil fuel;
“biomass” means material, other than fossil fuel or peat, which is, or
is derived directly or indirectly from, plant matter, animal matter,
fungi or algae.
Within an air quality improvement area the amount of NOx and PM emitted
by any—
combined cooling, heat and power plant; or
combined heat and power plant,
must be less than an amount specified in regulations made by the Secretary
of State.
A person who installs or permits the installation of—
a combined cooling, heat and power plant; or
a combined heat and power plant,
which does not comply with subsection (1) is guilty of an offence and liable
on summary conviction to a fine not exceeding level 5 on the standard scale.
In this section—
“
combined cooling, heat and power plant” means technical apparatus in
which fuels are oxidised to generate cooling, heat and electricity; and
“
combined heat and power plant” means technical apparatus in which
fuels are oxidised to generate heat and electricity.
Where an offence under this Act has been committed by a body corporate
and is proved to have been committed with the consent or connivance of a
director, manager, secretary or other similar officer of the body, or a person
purporting to act in any such capacity, that person as well as the body
corporate is guilty of the offence and liable to be proceeded against and
punished accordingly.
In this section “body corporate” has the meaning given by section 1173(1) of
the Companies Act 2006.
Where a NOx or PM limit is exceeded contrary to section 2(1), 3(1), 4(1), 5(1)
or 6(1), it is a defence to establish that the plant in question was, or that the
person charged reasonably believed the plant to have been—
designed to comply with that NOx or PM limit;
not modified other than in accordance with the manufacturer’s
instructions; and
maintained in accordance with the manufacturer’s instructions.
Where an authorised officer has reason to believe that a person has committed
an offence under this Act the officer may give the person a fixed penalty
notice.
A fixed penalty notice is a notice offering the person to whom it is issued
the opportunity of discharging any liability to be convicted of the offence to
which it relates by payment of a fixed penalty.
A fixed penalty notice must be in writing and state—
such particulars of the circumstances alleged to constitute the offence
as are necessary for giving reasonable information about the offence;
the amount of the fixed penalty;
the period during which, by virtue of subsection (6), proceedings will
not be taken for the offence;
the name and address of the person to whom payment of the fixed
penalty may be sent;
the permissible methods of payment (which must include the method
in subsection (8)); and
the effect of subsection (9).
A fixed penalty notice must identify by name the person to whom it is issued
unless the authorised officer cannot reasonably ascertain the person’s name.
A fixed penalty notice issued by post is regarded as having been issued at
the time at which it would be delivered in the ordinary course of post.
Where a person is issued with a fixed penalty notice—
no proceedings may be taken in respect of the alleged offence in
relation to which the notice was issued before the end of the period
of 14 days following the issuing of the notice; and
the person may not be convicted of that offence if the fixed penalty
is paid to the issuing local authority before the end of that period.
The amount specified in subsection (3)(b) is to be an amount prescribed by
the issuing local authority, which—
may prescribe different amounts in relation to different classes of cases;
but may not prescribe an amount exceeding £150.
Payment of a fixed penalty may be made by pre-paying and posting to the
person whose name is stated under subsection (3)(d), at the stated address,
a letter containing the amount of the penalty (in cash or otherwise).
Where a letter is sent in accordance with subsection (8), payment is regarded
as having been made at the time at which that letter would be delivered in
the ordinary course of post.
In any proceedings, a certificate that—
purports to be signed by or on behalf of the officer responsible for the
issuing local authority’s financial affairs; and
states that payment of a fixed penalty was, or was not, received by
the date specified in the certificate,
is evidence of the facts stated.
An authorised officer who proposes to—
serve a summons on a person relating to an offence under this Act,
or
issue a fixed penalty notice to a person under section 9,
may require the person to give the person’s name and address.
A person who, without reasonable excuse, fails to provide information required
under subsection (1) commits an offence and is liable on summary conviction
to a fine not exceeding level 3 on the standard scale.
An authorised officer may at any reasonable time—
enter any land or premises, except premises used wholly or mainly
as a dwelling, for the purposes of determining whether any provision
of this Act is being complied with; and
carry out such inspections, measurements and tests on any plant on
the land or premises as the authorised officer considers appropriate.
If an authorised officer has reasonable cause to suspect that an offence under
this Act has been committed, the authorised officer may, for the purpose of
ascertaining whether an offence has been committed, require any person who
is in possession of or appears to be the owner or operator of plant to produce
any records relating to that plant, and the authorised officer may take copies
of those records or any part of them.
If an authorised officer has reasonable cause to suspect that an offence under
this Act has been committed, the authorised officer may seize and detain any
mobile plant for the purpose of ascertaining whether an offence has been
committed.
An authorised officer may seize and detain any mobile plant or records which
the officer has reason to believe may be required as evidence in proceedings
for an offence under this Act.
If it is shown to the satisfaction of a justice of the peace on sworn information
in writing that—
in relation to any land or any premises which a person is entitled to
enter in pursuance of subsection (1)—
admission has been refused;
refusal is apprehended;
the land or premises is unoccupied;
the occupier is temporarily absent;
the case is one of emergency; or
an application for admission would defeat the object of the
entry; and
there is a reasonable ground for admission to the land or premises
for the purpose for which entry is required,
then subject to subsection (6) the justice of the peace may by warrant authorise
that person to enter the land or premises, if need be by force.
A justice of the peace must not issue a warrant under subsection (5) in respect
of any land or premises unless they are satisfied that—
admission to the land or premises under subsection (1) was sought
no less than seven days after notice of the intended entry had been
served on the occupier; or
admission to the land in pursuance of subsection (1) was sought in
an emergency and was refused by or on behalf of the occupier; or
the land or premises is unoccupied; or
an application for admission to the land or premises would defeat the
object of the entry.
A warrant issued under this section will continue in force until the purpose
for which the entry is required has been satisfied.
Any person who without lawful authority or excuse obstructs an authorised
officer acting in pursuance of the powers conferred by this section is guilty
of an offence and liable on summary conviction to a fine not exceeding level
3 on the standard scale.
In this section “emergency” means reference to a case where an authorised
officer requiring entry to any land or premises has reasonable cause to believe
that circumstances exist which are likely to endanger life or health and that
immediate entry to the land or premises is necessary to verify the existence
of those circumstances or to ascertain their cause or to effect a remedy.
A local authority may by written notice require the occupier of any premises
within an air quality improvement area to supply such information as may
be specified.
The person on whom a notice is served under this section must comply with
the requirements in the notice within 42 days from the day on which the
notice was served, or within such longer period as the local authority may
by notice allow.
A person on whom a notice is served under this section who—
without reasonable excuse fails to comply with the requirements of
the notice; or
in supplying such information knowingly or recklessly makes any
statement which is materially false,
is guilty of an offence and liable on summary conviction to a fine not
exceeding level 3 on the standard scale.
In relation to a stationary idling offence committed in an air quality
improvement area within a borough or the City of London the council of
which is a designated local authority—
regulation 8(b) of the 2002 Regulations has effect as if for “£20” there
were substituted “£100”;
regulation 17(6)(c) of the 2002 regulations has effect as if for “£20”
there were substituted “£100” and for “£40” there were substituted
“£150”.
The Secretary of State must by regulations make provision for carrying this
Act into effect.
Regulations may make—
different provision for different sizes or types of plant;
supplemental, incidental, transitional or consequential provision.
Regulations—
are to be made by statutory instrument; and
are subject to annulment in pursuance of a resolution of either House
of Parliament.
Before making regulations the Secretary of State must consult—
local authorities;
persons who appear to the Secretary of State to represent the interests
of plant manufacturers and retailers;
persons who appear to the Secretary of State to represent the interests
of those who use, operate or manage plant; and
such other persons as the Secretary of State considers appropriate.
In this Act—
“the 2002 regulations” means the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002 (S.I. 2002/1808);
“air quality improvement area” has the meaning given by section 1;
“authorised officer” means, in relation to any function, an officer or
employee of a local authority, or other person acting under the control
of a local authority, who is authorised in writing by the local authority
for the purpose of the function concerned;
“borough” means London Borough;
“designated local authority” means a local authority designated under regulation 4(1) of the 2002 regulations;
“local authority” means a London Borough Council, or the Common Council of the City of London acting in its capacity as a local authority;
“NOx” means oxides of nitrogen comprising the sum of the volume mixing ratio (parts per billion by volume) of nitrogen monoxide (nitric oxide) and nitrogen dioxide expressed in units of mass concentration of nitrogen dioxide (µg/m3 microgrammes per cubic metre);
“kW” means kilowatt;
“MW” means megawatt;
“plant” means any of the plant defined in sections 2(3), 3(3), 4(4)(a),
5(3)(a) and 6(3);
“rated heat output”, expressed in kW, means the maximum calorific
output laid down and guaranteed by the manufacturer as being
deliverable during continuous operation while complying with the
useful efficiency indicated by the manufacturer;
“
PM” means any particulate matter;
“
reduced-scale models or reduced-scale replicas of vehicles or machinery”
has the meaning set out in Article 2 of Regulation (EU) 2016/1628;
“
stationary idling offence” means a contravention of, or failure to comply
with, so much of regulation 98 (stopping of engine when stationary)
of the Road Vehicles (Construction and Use) Regulations 1986 (S.I.
1986/1078) as relates to the prevention of exhaust emissions.
This Act extends to England and Wales.
This Act comes into force on such day as the Secretary of State may by
regulations appoint.
This Act may be cited as the Emissions Reduction (Local Authorities in
London) Act 2022.
A
bill
to
Enable London Borough Councils and the Common Council of the City of London to achieve reductions in airborne emissions from specified plant in their areas and to make provision for the Secretary of State to set emission limits for such plant; to provide for fixed penalty notices in specified circumstances; and for connected purposes.
Ordered to be Printed, .
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