In these Regulations—

• “the 1994 Regulations” means the Conservation (Natural Habitats, &c.) Regulations 19949;

• “a British aircraft” means an aircraft registered in the United Kingdom;

• “British fishery limits” has the meaning given by the Fishery Limits Act 197610;

• “competent authority” is to be construed in accordance with regulation 5;

• “devolved administrations” means the Scottish Ministers, the Welsh Ministers and, in Northern Ireland, the Department of the Environment;

• “the EC Treaty” means the Treaty establishing the European Community11;

• “European offshore marine site” has the meaning given by regulation 15;

• “European protected species” means the species of animals listed in Schedule 1;

• “European site” has the meaning given by regulation 24;

• “functions” includes powers and duties;

• “management scheme” means—

  1. a

     for the purposes of regulation 19(3)(c), a scheme established under regulation 34 of the 1994 Regulations or regulation 29 of the Conservation (Natural Habitats, &c.) Regulations (Northern Ireland) 199512;

  2. b

     for all other purposes, a scheme established under regulation 19(1);

• “Natura 2000” means the European network of special areas of conservation, and special protection areas under the Wild Birds Directive, provided for by Article 3(1) of the Habitats Directive;

• “Northern Ireland department” has the same meaning as in the Northern Ireland Act 199813;

• “the offshore marine area” means—

  1. a

     any part of the seabed and subsoil situated in any area designated under section 1(7) of the Continental Shelf Act 196414; and

  2. b

     any part of the waters within British fishery limits (except the internal waters of, and the territorial sea adjacent to, the United Kingdom, the Channel Islands and the Isle of Man);

• “offshore marine installation” means any artificial island, installation or structure (other than a ship) which is situated—

  1. a

     in any part of the waters in any area designated under section 1(7) of the Continental Shelf Act 1964; or

  2. b

     in any part of the waters in any area designated under section 84(4) of the Energy Act 200415;

• “Petroleum Act approval” means an approval of an abandonment programme under section 32 of the Petroleum Act 199816;

• “Petroleum Act authorisation” means an authorisation granted pursuant to section 14 of the Petroleum Act 1998 relating to the construction or use of a pipe-line;

• “Petroleum Act consent” means—

  1. a

     a consent granted pursuant to a Petroleum Act licence, including any consent required pursuant to the Offshore Petroleum Productions and Pipe-lines (Assessment of Environmental Effects) Regulations 199917; or

  2. b

     a consent granted pursuant to regulation 4(1) of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 200118;

• “Petroleum Act licence” means a licence which is granted under or has effect as if granted under the Petroleum Act 1998, or a licence which is to be granted under that Act;

• “premises” includes land (including buildings), movable structures, ships and vehicles;

• “the register” means the register of European offshore marine sites provided for by regulation 16;

• “Scotland” has the same meaning as in the Scotland Act 199819;

• “ship” means any vessel (including hovercraft, submersible craft and other floating craft) other than one which permanently rests on, or is permanently attached to, the seabed;

• “third country ship” means a ship which—

  1. a

     is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a member State; and

  2. b

     is not registered in a member State;

• “wild bird” means a bird which—

  1. a

     is a member of a species referred to in Article 1 of the Wild Birds Directive; and

  2. b

     is wild;

• “wildlife officer” means a person authorised by the Secretary of State under regulation 52(1) or by a competent authority under regulation 52(2); and

• “within devolved competence” is to be construed in accordance with section 54 of the Scotland Act 1998.

Subject to paragraph (2), these Regulations bind the Crown.

No contravention by the Crown of any provision of these Regulations shall make the Crown criminally liable, but the High Court or in Scotland the Court of Session may, on the application of any person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.

Notwithstanding paragraph (2), the provisions of these Regulations apply to persons in the public service of the Crown as they apply to any other person.

Nothing in these Regulations shall be taken to interfere or require interference with the right of freedom of navigation or other rights under rules of international law.

The Commissioners must not give their authority under paragraph (3)(b) unless the flag state has consented to the United Kingdom exercising those powers (whether generally or in relation to the ship in question).

In giving their authority under paragraph (3)(b), the Commissioners must impose such conditions or limitations on the exercise of the powers as are necessary to give effect to any conditions or limitations imposed by the flag state.

In this regulation—

• “the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;

• “flag state”, in relation to a ship, means the State whose flag that ship is flying or entitled to fly.

In relation to the offshore marine area, any competent authority having functions relevant to marine conservation must exercise those functions so as to secure compliance with the requirements of the Habitats Directive and the Wild Birds Directive.