3.3 Links to statutory duties

Public Health

Health and Social Care Act 2012

The Health and Social Care Act 2012 introduced a new duty for all upper-tier and unitary local authorities in England to take appropriate steps to improve the health of the people who live in their areas.

Joint Strategic Needs Assessments

In England, local authorities, Clinical Commissioning Groups and other public sector partners are required to produce a Joint Strategic Needs Assessment to provide evidence on the health and wellbeing needs of their local community.

Air Quality

2008 ambient air quality directive (2008/50/EC)

The 2008 ambient air quality directive (2008/50/EC) sets legally binding limits for concentrations in outdoor air of major air pollutants that impact public health, including nitrogen dioxide. Note that the WHO air quality guidelines set stricter standards for particulate matter.

Environment Act 2021

The Environment Act empowers government to set new legally binding targets to improve air quality and reduce particulate matter emissions, expected by October 2022. To improve cooperation, the legislation also amends the Environment Act 1995 to strengthen the existing local air quality management (LAQM) framework. Responsibility for tackling air pollution is now shared between ‘relevant public authorities’, all tiers of local government and neighbouring authorities. The Act intends to make the LAQM regime more collaborative, with further clarification due in forthcoming secondary legislation and regulations.

Health and housing

Housing Health Safety Rating System (HHSRS)

The HHSRS is a risk-based evaluation tool to identify hazards within homes, including Excess Cold. The operating guidance says that dwellings should be provided with adequate thermal insulation and a suitable and effective means of space heating. Local authorities have a duty to keep housing conditions in their area under review with a view to identifying and enforcing any action that may be needed around HHSRS.

Minimum Energy Efficiency Standards

The Energy Act 2016 required that from 1^st April 2018, any properties rented out in the private rented sector should have a minimum EPC rating of E, unless there is an applicable exemption. Local authorities, through trading standards, have a responsibility for enforcing this legislation.

Home Energy Conservation Act (HECA)

The 1995 Home Energy Conservation Act requires all of England’s local authorities to report on action to improve energy efficiency in all residential accommodation in their area and to report every two years to BEIS (Department for Business, Energy and Industrial Strategy) on progress in implementing improvements.

Climate

Flood and Water Management Act 2010

In England, county councils and unitary authorities as Local Lead Flood Authorities (LLFAs) are required to lead in managing local flood risks. LLFA responsibilities include the preparation and maintenance of a strategy for local flood risk management and a duty to cooperate with other Risk Management Authorities.