PART 2ENVIRONMENTAL ASSESSMENT FOR PLANS AND PROGRAMMES

Powers of the Secretary of State10

1

The Secretary of State may at any time require the responsible authority to send him a copy of—

a

any determination under paragraph (1) of regulation 9 with respect to the plan, programme or modification;

b

the plan, programme or modification to which the determination relates; and

c

where paragraph (3) of that regulation applies, the statement prepared in accordance with that paragraph.

2

The responsible authority shall comply with a requirement under paragraph (1) within 7 days.

3

The Secretary of State may direct that a plan, programme or modification is likely to have significant environmental effects (whether or not a copy of it has been sent to him in response to a requirement under paragraph (1)).

4

Before giving a direction under paragraph (3) the Secretary of State shall—

a

take into account the criteria specified in Schedule 1 to these Regulations; and

b

consult the consultation bodies.

5

The Secretary of State shall, as soon as reasonably practicable after the giving of the direction, send to the responsible authority and to each consultation body—

a

a copy of the direction; and

b

a statement of his reasons for giving the direction.

6

In relation to a plan, programme or modification in respect of which a direction has been given—

a

any determination under regulation 9(1) with respect to the plan, programme or modification shall cease to have effect on the giving of the direction; and.

b

if no determination has been made under regulation 9(1) with respect to the plan, programme or modification, the responsible authority shall cease to be under any duty imposed by that regulation.