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

Competent authorities generally E+W+S

6.—(1) For the purposes of these Regulations the expression “competent authority” includes any Minister, government department, public or statutory undertaker, public body of any description or person holding a public office.

The expression also includes any person exercising any function of a competent authority in the United Kingdom.

(2) In paragraph (1)–

(a) “public body” includes any local authority, joint board or joint committee; and

(b) “public office” means–

(a) an office under Her Majesty,

(b) an office created or continued in existence by a public general Act of Parliament, or

(c) an office the remuneration in respect of which is paid out of money provided by Parliament.

(3) In paragraph (2)(a)–

“local authority”–

(a) in relation to England, means a county council, district council or London borough council, the Common Council of the City of London, the sub–treasurer of the Inner Temple, the under treasurer of the Middle Temple or a parish council,

(b) in relation to Wales, means a county council, [F1 county borough,] council or community council, and

(c) in relation to Scotland, means a regional, islands or district council;

• “joint board” and “joint committee” in relation to England and Wales mean–

  (a)

  a joint or special planning board constituted for a National Park by order under paragraph 1 or 3 of Schedule 17 to the Local Government Act 1972(1), or a joint planning board within the meaning of section 2 of the Town and Country Planning Act 1990, and

  (b)

  a joint committee appointed under section 102(1)(b) of the Local Government Act 1972,

  and in relation to Scotland have the same meaning as in the Local Government (Scotland) Act 1973(2).

Textual Amendments

F1 Words in reg. 6(3) substituted (1.4.1996) by The Local Government Reorganisation (Wales) (Consequential Amendments) Order 1996 (S.I. 1996/525), arts. 1, 3, Sch. para. 18(2)

Modifications etc. (not altering text)

C1 Reg. 6(3) applied (with modifications) (E.) (4.6.1996) by The National Park Authorities (England) Order 1996 (S.I. 1996/1243), arts. 1, 18, Sch. 5 para. 14

Commencement Information

I1 Reg. 6 in force at 30.10.1994, see reg. 1(2)

(1)

1972 c. 70.

(2)

1973 c. 65; the expressions “joint board” and “joint committee” are defined in section 235(1) of the Act.