The Conservation (Natural Habitats, &c.) Regulations 1994 No. 2716

[F1 PART I E+W+S INTRODUCTORY PROVISIONS

Textual Amendments

F1 Regulations revoked (E.W.) (1.4.2010 except so far as relating to the revocation in relation to W. of reg. 36 and specified words in reg. 3(3), 12.12.2014 in so far as not already in force) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)

Competent authorities generally E+W+S

6.— (1) For the purposes of these Regulations the expression “competent authority” includes any Minister, government department, public or statutory undertaker, public body of any description or person holding a public office.

The expression also includes any person exercising any function of a competent authority in the United Kingdom.

(2) In paragraph (1)—

(a) “public body” includes any local authority, joint board or joint committee; and

(b) “public office” means–

(a) an office under Her Majesty,

(b) an office created or continued in existence by a public general Act of Parliament, or

(c) an office the remuneration in respect of which is paid out of money provided by Parliament [F2 or money paid out of the Scottish Consolidated Fund].

(3) In paragraph (2)(a)—

“local authority”–

(a) in relation to England, means a county council, district council or London borough council, the Common Council of the City of London, the sub–treasurer of the Inner Temple, the under treasurer of the Middle Temple or a parish council,

(b) in relation to Wales, means a county council, [F3 county borough,] council or community council, and

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “joint board” and “joint committee” in relation to England and Wales mean–

  (a)

  a joint or special planning board constituted for a National Park by order under paragraph 1 or 3 of Schedule 17 to the Local Government Act 1972(1), or a joint planning board within the meaning of section 2 of the Town and Country Planning Act 1990, and

  (b)

  a joint committee appointed under section 102(1)(b) of the Local Government Act 1972,

  and in relation to Scotland have the same meaning as in the Local Government (Scotland) Act 1973(2).]

Textual Amendments

F2 Words in reg. 6(2)(c) inserted (1.7.1999) by The Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 (S.I. 1999/1820), art. 1(2), Sch. 2 para. 155 (with art. 5)

F3 Words in reg. 6(3) substituted (1.4.1996) by The Local Government Reorganisation (Wales) (Consequential Amendments) Order 1996 (S.I. 1996/525), arts. 1, 3, Sch. para. 18(2)

F4 Reg. 6(3)(c) omitted (16.8.2012) by virtue of The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2012 (S.S.I. 2012/228), regs. 1(1), 3(2)

Commencement Information

I1 Reg. 6 in force at 30.10.1994, see reg. 1(2)

(1)

1972 c. 70.

(2)

1973 c. 65; the expressions “joint board” and “joint committee” are defined in section 235(1) of the Act.