Part 5Nature conservation
C1C2Chapter 1Marine conservation zones
Pt. 5 Ch. 1 applied (with modifications) (E.W.) (1.4.2010 except so far as relating to 2009 c. 23, s. 134 for which purpose the amendment comes into force immediately after that provision comes into force, 1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), reg. 1(2)(4)(a)38(3)(4) (with regs. 38(5), 125)
Duties of public authorities
I1128Failure to comply with duties etc
1
This section applies if, in the opinion of the appropriate statutory conservation body, a public authority has failed—
a
to comply with the duty imposed by section 125(2) or the duty imposed by section 126(5);
b
to act in accordance with advice or guidance given by the appropriate statutory conservation body under section 127.
2
Where this section applies—
a
the body may request from the authority an explanation for the failure, and
b
on such a request, the authority must provide such an explanation in writing.
3
In this section “public authority” does not include a Northern Ireland Minister or Northern Ireland department.
Pt. 5 Ch. 1 applied (with modifications) by S.I. 1994/2716, reg. 36(3)(4) (as substituted (E.W.) (12.1.2010 for specified purposes, 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(2)(b)(i), Sch. 11 para. 4(1); S.I. 2014/3088, art. 2(b))