The Environmental Assessment of Plans and Programmes Regulations 2004

Consultation procedures U.K.

13.—(1) Every draft plan or programme for which an environmental report has been prepared in accordance with regulation 12 and its accompanying environmental report (“the relevant documents”) shall be made available for the purposes of consultation in accordance with the following provisions of this regulation.

(2) As soon as reasonably practicable after the preparation of the relevant documents, the responsible authority shall—

(a) send a copy of those documents to each consultation body;

(b) take such steps as it considers appropriate to bring the preparation of the relevant documents to the attention of the persons who, in the authority’s opinion, are affected or likely to be affected by, or have an interest in the decisions involved in the assessment and adoption of the plan or programme concerned, required under the Environmental Assessment of Plans and Programmes Directive (“the public consultees”);

[F1 (c) inform the public consultees of—

(i) the address of the website at which the relevant documents may be viewed and downloaded free of charge;

(ii) the fact that a copy of the relevant documents may be obtained by email from the responsible authority;

(iii) the fact that a copy of the relevant 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;

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

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

(vi) the telephone number which can be used to contact the responsible authority for enquiries in relation to the relevant documents;]

(d) invite the consultation bodies and the public consultees to express their opinion on the relevant documents, specifying the address to which, and the period within which, opinions must be sent.

(3) The period referred to in paragraph (2)(d) must be of such length as will ensure that the consultation bodies and the public consultees are given an effective opportunity to express their opinion on the relevant documents.

[F2 (4) The responsible authority shall—

(a) publish the relevant documents on a public website at which the relevant documents may be viewed and downloaded free of charge;

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

(c) provide one copy of the relevant 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; and

(d) make available a telephone number for the public to make enquiries in relation to the relevant documents.]

(5) Nothing in paragraph [F3 (4)(c)] shall require the responsible authority to provide copies [F4 of the relevant documents by post] free of charge; but where a charge is made, it shall be of a reasonable amount.

Textual Amendments

F1 Reg. 13(2)(c) 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), 5(2)

F2 Reg. 13(4) 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), 5(3)

F3 Word in reg. 13(5) 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), 5(4)(a)

F4 Words in reg. 13(5) 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), 5(4)(b)