Amending or Revoking an AQMA
Where there is a change in the AQMA in that concentrations have fallen to below the relevant objectives, or if there are no longer relevant receptors present, the authority may need to amend or revoke the AQMA. Where an authority is considering doing this, the Scottish Government expects the authority to consult all the relevant statutory consultees, businesses, members of the public and other interested parties.
Local authorities are able to amend or revoke an existing AQMA order at any time as set out under section 83 (2) of the 1995 Act. All available supporting information to justify the amendment or revocation should be provided to the Scottish Government in the form of a Detailed Assessment before any changes take place. The local authority may submit this evidence at any time and does not need to wait until the next stage of the reporting cycle The Scottish Government expects local authorities to undertake any amendments/revocations of existing AQMA orders within four months following submission of the Detailed Assessment (provided there is sufficient evidence to justify the proposed amendment/revocation of an AQMA).
However, where a local authority feels that it has sufficient evidence to justify the need to amend/revoke an AQMA at any time, it should submit that evidence to the Scottish Government for appraisal. For those authorities that have continuous monitoring, the Scottish Government would expect them to keep the AQMA under regular review, and to take action where necessary, rather than await the next round of reviews and assessments.
Once an amendment/revocation has taken place, the local authority should submit the amended/revocation order to the Scottish Government for information. Local authorities should also notify other statutory consultees and publicise the amendment/revocation widely through the local media, so the public and local businesses are fully aware of the situation.
An example of a Local Authority revocation can be found here: North Lanarkshire Revocation (PDF)
