Public bodies: general dutyN.I.
38.—(1) A public body shall have the duty set out in paragraph (2) in exercising its functions so far as their exercise is likely to affect the flora, fauna or geological, physiographical or other features by reason of which an ASSI is of special scientific interest.
(2) The duty is to take reasonable steps, consistent with the proper exercise of the body's functions, to further the conservation and enhancement of the flora, fauna or geological, physiographical or other features by reason of which the ASSI is of special scientific interest.
(3) In this Part “public body” means—
(a)a Northern Ireland department;
(b)a department of the Government of the United Kingdom;
(c)a district council;
(d)a statutory undertaker (within the meaning of [F1the Planning Act (Northern Ireland) 2011]); or
(e)any other body established or constituted under a statutory provision.
F1Words in art. 38(3)(d) substituted (13.2.2015 for specified purposes) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 95 (with s. 211); S.R. 2015/49, art. 2, Sch. 1