5. In regulation 37A(1)—
(a)in paragraph (1), after “arrangements” insert “in accordance with paragraphs (3A) to (3C)”;
(b)after paragraph (3) insert—
“(3A) The appropriate nature conservation body shall—
(a)assess how and to what extent surveillance of the conservation status of each relevant habitat and species needs to be carried out, having regard to—
(i)whether a habitat or species is a priority natural habitat type or priority species; and
(ii)the conservation status of the habitat or species; and
(b)advise the Secretary of State or the Welsh Ministers as to the need for such surveillance.
(3B) The Secretary of State (in England) and the Welsh Ministers (in Wales) shall ensure that the necessary surveillance is carried out on an ongoing basis.
(3C) Surveillance for the purposes of this regulation may be carried out by—
(a)a nature conservation body;
(b)any other person acting pursuant to, and in accordance with, an agreement with the Secretary of State, the Welsh Ministers or a nature conservation body.
(3D) In paragraph (3A), a “relevant” habitat or species means a habitat or species in England or Wales of a type referred to in paragraph (1).”.
Regulation 37A was inserted in relation to England and Wales by S.I. 2007/1843, regulation 5(1) and (12).