The Environmental Assessment of Plans and Programmes Regulations 2004

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Publicity for determinations and directionsU.K.

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11.—(1) Within 28 days of making a determination under regulation 9(1), the responsible authority shall send to each consultation body—

(a)a copy of the determination; and

(b)where the responsible authority has determined that the plan or programme does not require an environmental assessment, a statement of its reasons for the determination.

(2) The responsible authority shall—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(aa)publish the determination and any accompanying statement of reasons on a public website at which the documents may be viewed and downloaded;

(ab)provide a copy of those documents by email to any person who requests a copy, as soon as reasonably practicable after receipt of that person’s request;

(ac)provide one copy of those documents by post to any person who requests a copy, as soon as reasonably practicable after receipt of that person’s request, unless it is not reasonably practicable to provide a copy by post for reasons connected to the effects of coronavirus, including restrictions on movement;

(ad)make available a telephone number for the public to make enquiries in relation to those documents; and]

(b)within 28 days of the making of the determination, take such steps as it considers appropriate to bring to the attention of the public—

(i)the title of the plan, programme or modification to which the determination relates;

(ii)that the responsible authority has determined that the plan, programme or modification is or is not likely to have significant environmental effects (as the case may be) and, accordingly, that an environmental assessment is or is not required in respect of the plan, programme or modification; F3...

(iii)the address [F4of the website] the determination and any accompanying statement of reasons may be [F5“viewed and downloaded free of charge;]

[F6(iv)the fact that a copy of those documents may be obtained by email from the responsible authority;

(v)the fact that a copy of those documents may be obtained by post from the responsible authority, provided that it is reasonably practicable for the authority to provide a copy by post;

(vi)the address, email address and telephone number for the purpose of requesting a copy of those documents, either by email or by post;

(vii)whether a charge will be made for copies of those documents provided by post, and the amount of any charge; and

(viii)the telephone number which can be used to contact the responsible authority for enquiries in relation to those documents.]

(3) Where the responsible authority receives a direction under regulation 10(3), it shall—

F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(aa)publish the direction and the Secretary of State’s statement of his reasons for giving it on a public website at which the documents may be viewed and downloaded;

(ab)provide a copy of those documents by email to any person who requests a copy, as soon as reasonably practicable after receipt of that person’s request;

(ad)make available a telephone number for the public to make enquiries in relation to those documents; and]

(b)within 28 days of the receipt of such a direction, take such steps as it considers appropriate to bring to the attention of the public—

(i)the title of the plan, programme or modification to which the direction relates;

(ii)that the Secretary of State has directed that the plan, programme or modification is likely to have significant environmental effects and, accordingly, that an environmental assessment is required in respect of the plan, programme or modification; F9...

(iii)the address [F10of the website] the direction and of the Secretary of State’s statement of his reasons for giving it may be [F11viewed and downloaded free of charge;]

[F12(iv)the fact that a copy of those documents may be obtained by email from the responsible authority;

(v)the fact that a copy of those documents may be obtained by post from the responsible authority, provided that it is reasonably practicable for the authority to provide a copy by post;

(vi)the address, email address and telephone number for the purpose of requesting a copy of those documents either by email or by post;

(vii)whether a charge will be made for copies of those documents provided by post, and the amount of any charge; and

(viii)the telephone number which can be used to contact the responsible authority for enquiries in relation to those documents.]

[F13(4) Nothing in paragraphs (2)(ac) or (3)(ac) shall require the responsible authority to provide copies of—

(a)the determination and any accompanying statement of reasons; or

(b)the direction and of the Secretary of State’s statement of his reasons for giving it,

by post free of charge, but where a charge is made that charge shall be of a reasonable amount.]

Textual Amendments

F1Reg. 11(2)(a) omitted (31.12.2020 immediately before 11 p.m.) by virtue of The Environmental Assessment of Plans and Programmes (Amendment) Regulations 2020 (S.I. 2020/1531), regs. 1(2), 4(2)(a)

F2Reg. 11(2)(aa)-(ad) inserted (31.12.2020 immediately before 11 p.m.) by The Environmental Assessment of Plans and Programmes (Amendment) Regulations 2020 (S.I. 2020/1531), regs. 1(2), 4(2)(b)

F3Word in reg. 11(2)(b)(ii) omitted (31.12.2020 immediately before 11 p.m.) by virtue of The Environmental Assessment of Plans and Programmes (Amendment) Regulations 2020 (S.I. 2020/1531), regs. 1(2), 4(2)(c)

F4Words in reg. 11(2)(b)(iii) substituted (31.12.2020 immediately before 11 p.m.) by The Environmental Assessment of Plans and Programmes (Amendment) Regulations 2020 (S.I. 2020/1531), regs. 1(2), 4(2)(d)(i)