The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007

Modification of list of sites U.K.

9.—(1) Where the Secretary of State considers it appropriate, in the light of the results of the surveillance referred to in Article 11 of the Habitats Directive or otherwise, he must propose to the Commission modifications of the list of sites which has been transmitted under regulation 7.

[F1 (1A) Where the Scottish Ministers consider it appropriate, in the light of the results of the surveillance referred to in Article 11 of the Habitats Directive or otherwise, they must propose to the Secretary of State modifications of the list of sites in the Scottish offshore region which has been transmitted to the Commission under regulation 7(1).]

(2) Before the Secretary of State proposes to the Commission such a modification, he must, if he considers it appropriate, give to the Joint Nature Conservation Committee—

(a) notice of his intention to propose that modification; and

(b) an accompanying statement of his reasons for intending to propose it.

[F2 (2A) Paragraph (2) does not apply in relation to any modification which has been proposed by the Scottish Ministers under paragraph (1A).

(2B) Before the Scottish Ministers propose a modification under paragraph (1A), the Scottish Ministers must, if they consider it appropriate, give to the Joint Nature Conservation Committee—

(a) notice of their intention to propose that modification; and

(b) an accompanying statement of their reasons for intending to propose it.

(2C) But the Scottish Ministers may not give notice of their intention to propose a modification to the Committee as described in paragraph (2B) unless the Secretary of State has agreed to that proposal.]

[F3 (3) Where the Joint Nature Conservation Committee is given notice under paragraph (2) or (2B), the Committee must give notice of the proposed modification and provide a copy of the accompanying statement of reasons for it to the following—

(a) each of the devolved administrations;

(b) any of the following who in its opinion ought to be notified—

(i) competent authorities which exercise functions in relation to the site which is the subject of the modification;

(ii) competent authorities which exercise functions in relation to a marine area adjacent to the site; and

(iii) persons whose activities are likely to be affected by the inclusion of the site in the list;

(c) such other persons as in its opinion ought to be notified;

(d) such other persons as the Secretary of State directs;

(e) where the Scottish Ministers have given notice under paragraph (2B)—

(i) the Secretary of State; and

(ii) such other persons as the Scottish Ministers direct.]

(4) A notice under paragraph (3) must specify the date (being not less than 12 weeks from the date of the giving of the notice) by which representations with respect to the proposed modification may be made to the Joint Nature Conservation Committee.

(5) The Joint Nature Conservation Committee must provide to [F4 the relevant administration] a report describing the representations duly made, if any, that it received about the proposal, or where no such representations have been received, stating that fact.

(6) [F4 The relevant administration] must consider the report provided by the Joint Nature Conservation Committee under paragraph (5).

(7) The Secretary of State may issue guidance to the Joint Nature Conservation Committee for the purposes of its functions under this regulation and the Committee must have regard to that guidance in discharging any of those functions.

(8) The Secretary of State may vary or revoke a direction under paragraph (3)(d) [F5 , and the Scottish Ministers may vary or revoke a direction under paragraph (3)(e)(ii)] .

[F6 (9) In this regulation—

“the relevant administration” means—

(a)

in relation to a report concerning a proposal under paragraph (2), the Secretary of State; and

(b)

in relation to a report concerning a proposal under paragraph (2B), the Scottish Ministers.]

Textual Amendments

F1 Reg. 9(1A) inserted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 7(a)

F2 Reg. 9(2A)-(2C) inserted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 7(b)

F3 Reg. 9(3) substituted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 7(c)

F4 Words in reg. 9(5)(6) substituted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 7(d)

F5 Words in reg. 9(8) inserted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 7(e)

F6 Reg. 9(9) added (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 7(f)