Levelling-up and Regeneration Act 2023

167 Interpretation of Part 6

(1) “Existing environmental assessment legislation” means the legislation listed in Schedule 14.

(2) “Relevant existing environmental assessment legislation” means—

(a) in relation to EOR regulations made by the Secretary of State acting alone or jointly with one or more devolved authorities, the legislation listed in Schedule 14;

(b) in relation to EOR regulations made by the Scottish Ministers acting alone, the legislation listed in Part 2 of that Schedule;

(c) in relation to EOR regulations made by the Welsh Ministers acting alone, the legislation listed in Part 3 of that Schedule;

(d) in relation to EOR regulations made by a Northern Ireland department acting alone, the legislation listed in Part 4 of that Schedule.

(3) In this Part—

• “appropriate authority” means—

  (a)

  the Secretary of State,

  (b)

  a devolved authority, or

  (c)

  the Secretary of State acting jointly with one or more devolved authorities;

• “category 1 consent” and “category 2 consent” have the meaning given by section 154(1) and (2);

• “cultural heritage” has the meaning given by section 152(4);

• “devolved authority” means—

  (a)

  the Scottish Ministers,

  (b)

  the Welsh Ministers, or

  (c)

  a Northern Ireland department;

• “environmental outcomes report” has the meaning given by section 153(4);

• “environmental protection” has the meaning given by section 152(2);

• “EOR regulations” has the meaning given by section 152(1);

• “existing environmental assessment legislation” has the meaning given by subsection (1);

• “natural environment” has the meaning given by section 152(3);

• “project” has the meaning given by section 154(9);

• “proposed”, in relation to a relevant consent or relevant plan, is to be construed in accordance with section 154(7);

• “public authority” means—

  (a)

  any person with functions under, or functions in respect of which provision is made by, existing environmental assessment legislation when this Act is passed;

  (b)

  any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal;

• “relevant consent” has the meaning given by section 154;

• “relevant document” means a document or information for, or in respect of, which provision is made by EOR regulations or existing environmental assessment legislation;

• “relevant existing environmental assessment legislation” has the meaning given by subsection (2);

• “relevant offshore area” means any area in—

  (a)

  the territorial sea adjacent to the United Kingdom,

  (b)

  any area designated by Order in Council under section 1(7) of the Continental Shelf Act 1964, or

  (c)

  any area designated by Order in Council under section 41(3) of the Marine and Coastal Access Act 2009;

• “relevant plan” has the meaning given by section 154(6);

• “specified environmental outcome” has the meaning given by section 152(1).