Amendment of regulation 44 (Consideration of overriding public interest)
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Memorandwm Esboniadol
23.—(1) Regulation 44 is amended as follows.
(2) In paragraphs (2)(b) and (3), for “European Commission” substitute “Department”.
(3) For paragraph (4) substitute—
“(4) The Department shall have regard to the national interest, and provide their decision as to whether the reasons are to be considered imperative reasons of overriding public interest.”.
(4) After paragraph (4), insert—
“(4A) Before deciding if reasons are imperative reasons of overriding public interest, the Department shall consult the following, and have regard to their opinion—
(a)the Joint Nature Conservation Committee;
(b)the Secretary of State;
(c)the Scottish Ministers;
(d)the Welsh Ministers; and
(e)any other person the Department considers appropriate.”.