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- Point in Time (01/10/2016)
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Version Superseded: 30/11/2017
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There are currently no known outstanding effects for the The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007, Section 13.
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13.—(1) If the Secretary of State proposes to classify a site as a special protection area under regulation 12, he must give to the Joint Nature Conservation Committee—
(a)notice of that proposal; and
(b)an accompanying statement of his reasons for that proposal.
[F1(1A) Paragraph (1) does not apply in relation to any site in respect of which the Scottish Ministers have given notice to the Joint Nature Conservation Committee under paragraph (1B).
(1B) If the Scottish Ministers propose to classify a site as a special protection area under regulation 12A, the Scottish Ministers must give to the Joint Nature Conservation Committee—
(a)notice of that proposal; and
(b)an accompanying statement of their reasons for that proposal.
(1C) But the Scottish Ministers may not give notice of a proposal to the Committee as described in paragraph (1B) unless the Secretary has agreed to that proposal.]
(2) Where the Joint Nature Conservation Committee is given notice of a proposal under paragraph (1) [F2or (1B)] , the Committee must give notice of that proposal and provide a copy of [F3the accompanying statement of reasons] for that proposal to—
(a)each of the devolved administrations;
(b)any of the following who in its opinion ought to be notified—
(i)competent authorities which exercise functions in relation to the site;
(ii)competent authorities which exercise functions in relation to a marine area adjacent to the site; and
(iii)persons whose activities are likely to be affected by the classification of the site;
(c)such other persons as in its opinion ought to be notified; F4...
[F5(d)such other persons as the Secretary of State directs; and
(e)where the Scottish Ministers have given notice under paragraph (1B)—
(i)the Secretary of State; and
(ii)such other persons as the Scottish Ministers direct.]
(3) A notice under paragraph (2) must specify the date (being not less than 12 weeks from the date of the giving of the notice) by which representations with respect to the proposal may be made to the Joint Nature Conservation Committee.
(4) The Joint Nature Conservation Committee must provide to [F6the relevant administration] a report describing the representations duly made, if any, that it received about the proposal, or where no such representations have been received, stating that fact.
(5) [F6The relevant administration] must consider the report provided by the Joint Nature Conservation Committee under paragraph (4).
(6) The Secretary of State may issue guidance to the Joint Nature Conservation Committee for the purposes of its functions under this regulation and the Committee must have regard to that guidance in discharging any of those functions.
[F7(6A) The Scottish Ministers may issue guidance to the Joint Nature Conservation Committee for the purposes of its functions under this regulation in relation to site proposals under paragraph (1B), and the Committee must have regard to that guidance in discharging any of those functions.]
(7) The Secretary of State may vary or revoke a direction under paragraph (2)(d) [F8, and the Scottish Ministers may vary or revoke a direction under paragraph (2)(e)(ii)] .
[F9(8) In this regulation—
“the relevant administration” means—
in relation to a report concerning a site proposal under paragraph (1), the Secretary of State; and
in relation to a report concerning a site proposal under paragraph (1B), the Scottish Ministers.]
Textual Amendments
F1Reg. 13(1A)-(1C) inserted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 11(a)
F2Words in reg. 13(2) inserted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 11(b)(i)
F3Words in reg. 13(2) substituted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 11(b)(ii)
F4Word in reg. 13(2)(c) omitted (1.4.2010) by virtue of The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 11(b)(iii)
F5Reg. 13(2)(d)(e) substituted for reg. 13(2)(d) (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 11(b)(iv)
F6Words in reg. 13(4)(5) substituted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 11(c)
F7Reg. 13(6A) inserted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 11(d)
F8Words in reg. 13(7) inserted (1.4.2010) by The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010 (S.I. 2010/491), regs. 1, 11(e)
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