Question to the Department for Transport:

To ask the Secretary of State for Transport, pursuant to the Answer of 10 July 2020 to Question 68683 on Roads: Greater Manchester, whether Highways England is legally responsible for managing air quality from its strategic network for the purpose of the UK's legal obligations on clean air.

For purpose of the air quality Directive (2008/50/EC), DEFRA on behalf of the Government are the competent authority. In 2017 the Government published its Plan for Tackling Roadside Nitrogen Dioxide Concentrations (The Plan) which set out plans to achieve compliance as quickly as possible.

Highways England is legally required, under the Infrastructure Act 2015 and its Licence, to comply with (or have due regard to) relevant Government policy, which includes the Government’s plans and policies on air quality, and has been commissioned by the Department for Transport (DfT) to deliver its part of The Plan. The Infrastructure Act also obliges Highways England to comply with DfT’s Road Investment Strategy (RIS). The current (second) RIS sets out DfT’s expectations for environmental outcomes to be in line with (but not limited to) The Plan, and sets key performance indicators in relation to air quality, including compliance with legal nitrogen dioxide limits as soon as possible. The Office of Rail and Road monitors Highways England’s compliance with its obligations as set out in the RIS and Licence, and has enforcement powers in respect of these obligations.