Amendment of regulation 4
5. In regulation 4 (general provisions relating to screening) for paragraph (4) substitute—
“(4) (a) The Secretary of State may direct that these Regulations shall not apply to a particular proposed development specified in the direction either—
(i)in accordance with Article 2(3) of the Directive (but without prejudice to Article 7 of the Directive), or
(ii)if the development comprises or forms part of a project serving national defence purposes and in the opinion of the Secretary of State compliance with these Regulations would have an adverse effect on those purposes.
(b)Where a direction is given under paragraph (4)(a) the Secretary of State must send a copy of any such direction to the relevant planning authority.
(4A) Where a direction is given under paragraph (4)(a)(i) the Secretary of State must—
(a)make available to the public the information considered in making the direction and the reasons for making the direction;
(b)consider whether another form of assessment would be appropriate; and
(c)take such steps as are considered appropriate to bring the information obtained under the other form of assessment to the attention of the public.”.