- Latest available (Revised)
- Point in Time (01/04/2010)
- Original (As made)
Version Superseded: 16/08/2012
Point in time view as at 01/04/2010. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Conservation of Habitats and Species Regulations 2010, Section 7.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
7.—(1) For the purposes of these Regulations, “competent authority” includes—
(a)any Minister of the Crown (as defined in the Ministers of the Crown Act 1975 M1), government department, statutory undertaker, public body of any description or person holding a public office;
(b)the Welsh Ministers; and
(c)any person exercising any function of a person mentioned in sub-paragraph (a) or (b).
(2) In the following provisions (and as provided in regulation 67(3)(a)), “competent authority” includes the Scottish Ministers—
(a)paragraph (2) of regulation 68 (grant of planning permission), in so far as that paragraph relates to a deemed grant of planning permission under—
(i)section 57(2) of the Town and Country Planning (Scotland) Act 1997 M2, as mentioned in regulation 68(1)(e)(ii), or
(ii)section 5(1) of the Pipe-lines Act 1962 M3, as mentioned in regulation 68(1)(e)(iii);
(b)Chapter 4 of Part 6 (electricity); and
(c)Chapter 5 of Part 6 (pipe-lines).
(3) In paragraph (1)—
(a)“public body” includes any local authority, joint board, joint committee or National Park authority; and
(b)“public office” means—
(i)an office under the Crown,
(ii)an office created or continued in existence by a public general Act or by legislation passed by the National Assembly for Wales, or
(iii)an office the remuneration in respect of which is paid out of money provided by Parliament or the National Assembly for Wales.
(4) In paragraph (3)(a)—
“local authority” means—
in relation to England, a county council, a district council, a parish council, a London borough council, the Common Council of the City of London, the sub-treasurer of the Inner Temple or the under treasurer of the Middle Temple, and
in relation to Wales, a county council, a county borough council or a community council;
“joint board” means a joint planning board within the meaning of section 2 M4 of the TCPA 1990 (joint planning boards); and
“joint committee” means a joint committee appointed under subsection (1)(b) of section 102 of the Local Government Act 1972 M5 (appointment of committees).
Marginal Citations
M31962 c. 58; section 5(1) was amended by S.I. 1999/742, paragraph 2(3) of the Schedule.
M4Relevant amendments were made to section 2 by the Local Government (Wales) Act 1994 (c. 19), section 19(1) and (4)(a) and Schedule 18.
M51972 c. 70; section 102(1) was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), paragraph 16 of Schedule 9; the Children Act 1989 (c. 41), paragraph 31 of Schedule 13; and the Local Government and Housing Act 1989 (c. 42), paragraph 25(a) of Schedule 11.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: