[F1Review of existing decisionsU.K.
8A.—(1) Where, before the date on which a site becomes a relevant site, the Secretary of State or the OGA has made an existing decision in respect of a plan or project to which regulation 5(1) (appropriate assessments) would apply if it were to be considered at that date, the Secretary of State shall, as soon as reasonably practicable, review that decision.
(2) The Secretary of State, for the purpose of carrying out the review under paragraph (1)—
(a)shall make an appropriate assessment of the implications for the site in view of the site’s conservation objectives and the provisions of regulation 5(2) shall apply; and
(b)may require a person to whom the existing decision applies to provide such information as the Secretary of State might reasonably require to enable the review to be carried out.
(3) Where the Secretary of State reviews an existing decision under this regulation, the Secretary of State shall—
(a)where the existing decision was made by the OGA or is treated as made by the OGA, notify the OGA as to the outcome of the review and whether the OGA must affirm, revoke or modify the decision (and where the outcome is that the decision is to be modified, include details of the modifications to be made); or
(b)where the existing decision was made by the Secretary of State, affirm, modify or revoke the decision.
(4) Nothing in this regulation—
(a)requires a review where a site is a relevant site by reason of paragraph (c) of the definition of “relevant site” in regulation 2(1) (interpretation); or
(b)affects anything done in pursuance of the existing decision before the date this regulation comes into force.
(5) In this regulation and regulation 8B, “an existing decision” means a consent, authorisation or approval.]