The Regulatory Reform (Joint Nature Conservation Committee) Order 2005

Statutory Instruments

2005 No. 634

REGULATORY REFORM

ENVIRONMENTAL PROTECTION

The Regulatory Reform (Joint Nature Conservation Committee) Order 2005

Made

9th March 2005

Coming into force

31st March 2005

Whereas—

(a) the Secretary of State has consulted such organisations as appear to her to be representative of interests substantially affected by the proposals, the National Assembly for Wales and such other persons as she considered appropriate;

(b) following that consultation, the Secretary of State considered it appropriate to proceed with the making of this Order;

(c) a document containing the Secretary of State’s proposal was laid before Parliament as required by section 6 of the Regulatory Reform Act 2001(1) and the period for Parliamentary consideration under section 8 of that Act has expired;

(d) the Secretary of State has had regard to the representations made during this period, in particular to the First Report of the Regulatory Reform Committee(2) and the Second Report of the Delegated Powers and Regulatory Reform Committee(3);

(e) a draft of this Order was laid before Parliament with a statement giving details of such representations and Reports and of the changes to the Secretary of State’s proposals in the light of them;

(f) the draft was approved by a resolution of each House of Parliament;

(g) the Secretary of State is of the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise;

(h) this Order creates burdens affecting persons in the carrying on of certain activities, and the Secretary of State is of the opinion that—

(i) the provisions of this Order, taken as a whole, strike a fair balance between the public interest and the interest of the persons affected by the burdens being created, and

(ii) the extent to which this Order removes or reduces one or more burdens, or has other beneficial effects for persons affected by the burdens imposed by the existing law, makes it desirable for this Order to be made;

Now, therefore, the Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred by section 1 of the Regulatory Reform Act 2001, hereby makes the following Order:

(1)

2001 c. 6.

(2)

First Report of Session 2004-05, published on 9th December 2004, HC 117, ISBN 0 21502086 3.

(3)

Second Report of Session 2004-05, published on 10th December 2004, HL13, ISBN 0 10484997 5.