The Conservation of Habitats and Species Regulations 2010

Extent

2.—(1) Except as provided in this regulation, these Regulations extend to England and Wales only.

(2) The following provisions also extend to Scotland—

(a) regulation 3(8) (interpretation in relation to adjacent sea);

[F1 (b) regulations 9 (duties relating to compliance with the Directives) and 9A (duties in relation to wild bird habitat), in so far as those regulations apply in relation to the exercise of a function which relates to a reserved matter (within the meaning of Schedule 5 to the Scotland Act 1998 (reserved matters));]

(c) regulation 39(4) (statement under Planning Act 2008 M1 );

[F2 (ca) Chapter 1 of Part 6 (assessment of plans and projects: general provisions), in so far as that Chapter applies in relation to plans and projects—

(i) which do not relate to a matter specified in Chapters 2 to 9 of that Part, and

(ii) which relate to a reserved matter (within the meaning of Schedule 5 to the Scotland Act 1998);]

(d) in regulation 68 (grant of planning permission)—

(i) paragraph (1)(e)(ii) and (iii) (deemed grant of planning permission under section 57(2) of the Town and Country Planning (Scotland) Act 1997 M2 and section 5(1) of the Pipe-lines Act 1962 M3 ), and

(ii) paragraph (2) in so far as that paragraph relates to paragraph (1)(e)(ii) and (iii) of that regulation;

(e) in regulation 69 (planning permission: duty to review), in paragraph (3)—

(i) sub-paragraph (b) (direction under section 5(1) of the Pipe-lines Act 1962), and

(ii) sub-paragraph (d) in so far as that sub-paragraph relates to a direction under section 57(2) of the Town and Country Planning (Scotland) Act 1997;

(f) regulations 81, 82 and 83(2) (development consent under Planning Act 2008);

(g) Chapter 4 of Part 6 (electricity);

(h) Chapter 5 of Part 6 (pipe-lines);

[F3 (ha) regulation 100 (marine works) in so far as it applies to the granting of a licence under Part 2 of the Food and Environment Protection Act 1985;]

(i) regulation 106 (national policy statements under Planning Act 2008), and regulations 102, 103 and 105 in so far as they apply in relation to a national policy statement by virtue of regulation 106; F4 ...

[F5 (ia) regulation 107A, in so far as it applies in relation to the exercise of any power by the Secretary of State, and regulations 102, 103 and 105 in so far as they apply to marine policy statements by virtue of regulation 107A;]

(j) in Schedule 6 (amendments of legislation)—

(i) sub-paragraph (3) of paragraph 5 (amendment of section 123 of the Marine Act),

(ii) sub-paragraph (5) of that paragraph (amendment of section 237 of that Act), and

(iii) paragraph 7 (amendment of the 2007 Regulations M4 ),

and regulation 132 in so far as it relates to those provisions.

(3) The following provisions also extend to Scotland in so far as they have effect in relation to the provisions specified in paragraph (2)—

(a) regulations [F6 1 (citation and commencement) and 2 (extent)] 3 (interpretation), 5 (nature conservation bodies), 7 (competent authorities) and 8 (European sites and European marine sites);

(b) Chapter 1 of Part 6 (general provisions in relation to Part 6 (assessment of plans and projects)); and

(c) regulations 128 (advisory role of the Joint Nature Conservation Committee), 129(3) (advisory role of Scottish Natural Heritage) and 131 (notices).

[F7 (4) The following provisions also extend to Northern Ireland—

(a) regulations 9 and 9A, in so far as those regulations apply in relation to the exercise of a function which relates to an excepted matter (within the meaning given by section 4(1) of the Northern Ireland Act 1998);

(b) Chapter 1 of Part 6, in so far as that Chapter applies in relation to plans and projects—

(i) which do not relate to a matter specified in Chapters 2 to 9 of that Part, and

(ii) which relate to an excepted matter (within the meaning given by section 4(1) of the Northern Ireland Act 1998);

(c) regulation 100, in so far as it applies in relation to a marine licence under Part 4 of the Marine Act in respect of anything done in the course of carrying on an activity which relates to a matter which is an excepted matter by virtue of paragraph 4 of Schedule 2 to the Northern Ireland Act 1998 (defence of the realm etc.);

(d) regulation 107A, in so far as it applies in relation to the exercise of any power by the Secretary of State, and regulations 102, 103 and 105 in so far as they apply to marine policy statements by virtue of regulation 107A; and

(e) in Schedule 6—

(i) sub-paragraphs (3) and (5) of paragraph 5, and sub-paragraph (1) of paragraph 5 in so far as it relates to those sub-paragraphs, and

(ii) paragraph 7,

and regulation 132 in so far as it relates to those provisions.

(4A) This regulation and regulations 1, 3, 5, 7, 8, 128 and 131 also extend to Northern Ireland in so far as they have effect in relation to the provisions specified in paragraph (4).

(4B) Chapter 1 of Part 6 also extends to Northern Ireland in so far as it has effect in relation to the provision specified in paragraph (4)(c).]

F8 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The revocation of an enactment by any provision of regulation 133 (revocations) or Schedule 7 (revocations) has the same extent as the enactment revoked, except that the following provisions do not extend to Scotland—

(a) paragraph (3) of that regulation, and paragraph (1) of that regulation so far as it relates to paragraph (3); and

(b) paragraph (4)(b) of that regulation and Part 2 of that Schedule.

Textual Amendments

F1 Reg. 2(2)(b) substituted (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 3(2)(a)

F2 Reg. 2(2)(ca) inserted (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 3(2)(b)

F3 Reg. 2(2)(ha) inserted (6.4.2011) by The Conservation of Habitats and Species (Amendment) Regulations 2011 (S.I. 2011/625), regs. 1(1), 3(a)(i)

F4 Word in reg. 2(2)(i) omitted (6.4.2011) by virtue of The Conservation of Habitats and Species (Amendment) Regulations 2011 (S.I. 2011/625), regs. 1(1), 3(a)(ii)

F5 Reg. 2(2)(ia) inserted (6.4.2011) by The Conservation of Habitats and Species (Amendment) Regulations 2011 (S.I. 2011/625), regs. 1(1), 3(a)(iii)

F6 Words in reg. 2(3)(a) inserted (6.4.2011) by The Conservation of Habitats and Species (Amendment) Regulations 2011 (S.I. 2011/625), regs. 1(1), 3(b)

F7 Reg. 2(4)-(4B) substituted for reg. 2(4) (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 3(3)

F8 Reg. 2(5) omitted (16.8.2012) by virtue of The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 3(4)

Marginal Citations

M1 2008 c. 29.

M2 1997 c. 8.

M3 1962 c. 58; section 5(1) was amended by S.I. 1999/742, paragraph 2(3) of the Schedule.

M4 S.I. 2007/1842.