The Conservation (Natural Habitats, &c.) Regulations 1994

[F1 Co–ordination where more than one competent authority involved E+W+S

52.— (1) The following provisions apply where a plan or project–

(a) is undertaken by more than one competent authority,

(b) requires the consent, permission or other authorisation of more than one competent authority, or

(c) is undertaken by one or more competent authorities and requires the consent, permission or other authorisation of one or more other competent authorities.

(2) [F2 Subject to regulation 48A,] Nothing in regulation 48(1) or 50(2) requires a competent authority to assess any implications of a plan or project which would be more appropriately assessed under that provision by another competent authority.

(3) The Secretary of State may issue guidance to authorities for the purposes of regulations 48 to 51 as to the circumstances in which an authority may or should adopt the reasoning or conclusions of another competent authority as to whether a plan or project–

(a) is likely to have a significant effect on a European site [F3 or a European offshore marine site], or

(b) will adversely affect the integrity of a European site [F3 or a European offshore marine site];

and the authorities involved shall have regard to any guidance so issued in discharging their functions under those regulations.

(4) In determining whether a plan or project should be agreed to under regulation 49(1) (considerations of overriding public interest) a competent authority other than the Secretary of State shall seek and have regard to the views of the other competent authority or authorities involved.]

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)) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)

F2 Words in reg. 52(2) inserted (S.) (29.6.2007) by The Conservation (Natural Habitats, &c.) Amendment (No. 2) (Scotland) Regulations 2007 (S.S.I. 2007/349), regs. 1(1), 2(6)

F3 Words in reg. 52(3)(a)(b) inserted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(26) (with reg. 9)

Commencement Information

I1 Reg. 52 in force at 30.10.1994, see reg. 1(2)