Obtaining of information for the preparation of environmental statementsU.K.

8.—(1) This regulation applies where an undertaker makes an application to the Secretary of State containing appropriate particulars in respect of a relevant project for the provision to the undertaker of any information which–

(a)would assist the undertaker in the preparation of the environmental statement in respect of the relevant project referred to in the appropriate particulars; and

(b)but for the provisions of paragraphs (2) and (3) below, could not readily be obtained by the undertaker.

(2) On receipt of such an application as is mentioned in paragraph (1) above, the Secretary of State shall–

(a)subject to paragraph (4) below, provide to the undertaker such information as he may have of the kind mentioned in paragraph (1) above;

(b)provide to the undertaker the name and address of any environmental authority [F1or other authority with local or regional competence] that he considers may have any such information; and

(c)at the same time as he provides the name and address of [F2an authority referred to in sub-paragraph (b)] to an undertaker, serve on that authority a notice which–

(i)states that he has provided the authority’s name and address to the undertaker;

(ii)refers to the duty imposed on the authority by paragraph (3) below; and

(iii)is accompanied by a copy of the application made by the undertaker under this regulation.

(3) Where a notice pursuant to paragraph (2)(c) above is served on an F3... authority by the Secretary of State, the authority shall, subject to paragraph (4) below, provide to the undertaker concerned, within the period specified in the notice, any information held by it which it considers is of the kind mentioned in paragraph (1) above.

(4) Nothing in this regulation shall require the disclosure of any information which is by virtue of any rule of the law of any part of the United Kingdom subject to any obligation of confidentiality.

Textual Amendments