Levelling-up and Regeneration Act 2023

166 EOR regulations: further provision U.K.

(1) EOR regulations may make provision about or in connection with—

(a) the procedure to be followed in relation to anything done under this Part, including the time by which anything must be done;

(b) who is to prepare an environmental outcomes report, including provision permitting a public authority to determine who is to do so or the qualifications or experience a person must have to do so;

(c) requiring a public authority to assist with any assessment or monitoring under this Part;

(d) the publication of, and consultation and public engagement in connection with, environmental outcomes reports and other relevant documents;

(e) the information to be included in, and the content and form of, any relevant document;

(f) the persons to whom an environmental outcomes report or other relevant document is to be given, and how it is to be given;

(g) the collection or provision of information in connection with this Part;

(h) the rejection of a relevant document, or information provided in connection with this Part, if it is not provided in accordance with Chapter 1 of Part 3 (planning data), including provision requiring a document or information to be rejected;

(i) how, and to what extent, any failure to comply with a requirement imposed by or under this Part is to be taken into account by public authorities in considering, and making decisions in relation to, relevant consents or relevant plans;

(j) appeals against, or reviews of, decisions of a public authority about matters for, or in respect of, which provision is made by EOR regulations or existing environmental assessment legislation.

(2) EOR regulations may—

(a) provide for the charging of fees or other charges;

(b) confer a function, including a function involving the exercise of a discretion, on any person;

(c) make consequential, supplementary or incidental provision under section 252(1)(c) which amends, repeals or revokes any legislation (whenever passed or made).

(3) In subsection (2)(c) “legislation” means any provision made by or under—

(a) an Act,

(b) an Act or Measure of Senedd Cymru,

(c) an Act of the Scottish Parliament,

(d) Northern Ireland legislation, or

(e) [F1 assimilated direct legislation].

Textual Amendments

F1 Words in s. 166(3)(e) substituted (comes into force at the end of 2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 248, 255(10)(b) (with s. 247)

Commencement Information

I1 S. 166 in force at 26.12.2023, see s. 255(5)