The Conservation (Natural Habitats, &c.) Regulations 1994

[F1 [F2 Special protection area: classification of sites S

9A.— (1) The Scottish Ministers must classify as special protection areas such sites (including sites in the Scottish inshore region) as they consider necessary to ensure that the objective specified in paragraph (2) is attained.

(2) The objective referred to in paragraph (1) is that those sites across the United Kingdom’s territory which are most suitable in number and size for—

(a) the conservation of species listed in Annex 1 to the Wild Birds Directive which naturally occur in that territory, and

(b) the conservation of naturally occurring migratory species of birds not listed in Annex 1 which naturally occur in that territory,

are classified as special protection areas, in so far as they consist of sites in Scotland.

(3) The Scottish Ministers must make their decision as to the sites to be classified under paragraph (1) only on the basis of relevant scientific information and—

(a) in the case of a site to be classified for the purpose mentioned in paragraph (2)(a), on the basis of criteria set out in Article 4(1) of the Wild Birds Directive, and

(b) in the case of a site to be classified for the purpose mentioned in paragraph (2)(b), on the basis of criteria set out in Article 4(2) of that Directive.

(4) In this regulation—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) “Scottish inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Scotland.]

[F4 (5) In applying the criteria referred to in paragraphs (3)(a) and (b) in relation to any species, references in Articles 4(1) and 4(2) of the Wild Birds Directive to classifying the most suitable territories “in the geographical sea and land area where this Directive applies” are to be construed as referring to the most suitable territories in the United Kingdom’s territory, having regard to the importance of such territories for ensuring the survival and reproduction of that species in their area of distribution.]]

Textual Amendments

F1 Regulations revoked (E.W.) (1.4.2010 except so far as relating to the revocation in relation to W. of reg. 36 and specified words in reg. 3(3), 12.12.2014 in so far as not already in force) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)

F2 Regs. 9A-9C inserted (6.4.2011) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2011 (S.S.I. 2011/155), regs. 1(1), 4

F3 Reg. 9A(4)(a) omitted (31.12.2020) by virtue of The Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/113), regs. 1, 10(2); 2020 c. 1, Sch. 5 para. 1(1)

F4 Reg. 9A(5) inserted (31.12.2020) by The Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/113), regs. 1, 10(3); 2020 c. 1, Sch. 5 para. 1(1)