The Environment (Local Nature Recovery Strategies) (Procedure) Regulations 2023

Pre-consultation requirements

11.—(1) A responsible authority may not consult under regulation 12 unless it has complied with regulations 5, 6, 7 and 8.

(2) Subject to paragraph (3), a responsible authority may not consult under regulation 12 unless—

(a) 28 days have expired, beginning with the date on which all supporting authorities for the local nature recovery strategy had been provided with the consultation draft under regulation 7; or

(b) all of the supporting authorities for the local nature recovery strategy confirm in writing that they are content for the consultation to proceed.

(3) A responsible authority that has received an objection under regulation 9 in respect of its local nature recovery strategy may not consult under regulation 12 unless—

(a) both of the following have occurred—

(i) 28 days have expired, beginning with the date on which all supporting authorities for the local nature recovery strategy had been provided with the consultation draft under regulation 7; and

(ii) the supporting authority that raised the objection has confirmed in writing that it is content for the consultation to proceed;

(b) all of the supporting authorities for the local nature recovery strategy confirm in writing that they are content for the consultation to proceed; or

(c) where the responsible authority has requested permission to consult from the Secretary of State under regulation 10(2), the Secretary of State—

(i) has decided under regulation 10(6)(a) to permit the responsible authority to consult; or

(ii) has decided under regulation 10(6)(b) to permit the responsible authority to consult subject to conditions.

(4) Where paragraph (3)(c)(ii) applies, the responsible authority may not consult on its consultation draft until the conditions specified by the Secretary of State have been satisfied.