Levelling-up and Regeneration Act 2023

162 Public consultation etc

(1) An appropriate authority must consult the public before making EOR regulations which contain provision—

(a) under section 152(1) (specified environmental outcomes);

(b) amending, repealing or revoking relevant existing environmental assessment legislation.

(2) An appropriate authority must consult such persons as the appropriate authority considers appropriate—

(a) before making EOR regulations which contain provision under—

(i) section 154(1) to (6) (consents and plans subject to this Part);

(ii) section 159(2) (power to provide for further exemptions by Secretary of State direction);

(iii) section 160 (enforcement);

(iv) section 164 (interaction with existing environmental assessment legislation and the Habitats Regulations);

(b) before issuing, modifying or withdrawing any guidance under section 163, which relates to—

(i) how the likely impact of a proposed relevant consent or proposed relevant plan on the delivery of a specified environmental outcome should be assessed, or

(ii) how the extent to which a relevant consent or relevant plan actually affects the delivery of a specified environmental outcome should be assessed or monitored.

(3) EOR regulations may require a public authority to respond, or to respond in a particular way or by a particular time, to a consultation under subsection (1) or (2).

(4) The requirements to consult in subsections (1) and (2) may be met by consultation carried out before the subsection concerned comes into force.