PART 1INTRODUCTORY AND GENERAL PROVISIONS
Extent2
1
Except as provided in this regulation, these Regulations extend to England and Wales only.
2
The following provisions also extend to Scotland—
a
regulation 3(8) (interpretation in relation to adjacent sea);
b
regulation 9 (exercise of functions in accordance with Habitats Directive);
c
regulation 39(4) (statement under Planning Act 20089);
d
in regulation 68 (grant of planning permission)—
i
ii
paragraph (2) in so far as that paragraph relates to paragraph (1)(e)(ii) and (iii) of that regulation;
e
in regulation 69 (planning permission: duty to review), in paragraph (3)—
i
sub-paragraph (b) (direction under section 5(1) of the Pipe-lines Act 1962), and
ii
sub-paragraph (d) in so far as that sub-paragraph relates to a direction under section 57(2) of the Town and Country Planning (Scotland) Act 1997;
f
regulations 81, 82 and 83(2) (development consent under Planning Act 2008);
g
Chapter 4 of Part 6 (electricity);
h
Chapter 5 of Part 6 (pipe-lines);
i
regulation 106 (national policy statements under Planning Act 2008), and regulations 102, 103 and 105 in so far as they apply in relation to a national policy statement by virtue of regulation 106; and
j
in Schedule 6 (amendments of legislation)—
i
sub-paragraph (3) of paragraph 5 (amendment of section 123 of the Marine Act),
ii
sub-paragraph (5) of that paragraph (amendment of section 237 of that Act), and
iii
paragraph 7 (amendment of the 2007 Regulations12),
and regulation 132 in so far as it relates to those provisions.
3
The following provisions also extend to Scotland in so far as they have effect in relation to the provisions specified in paragraph (2)—
a
regulations 3 (interpretation), 5 (nature conservation bodies), 7 (competent authorities) and 8 (European sites and European marine sites);
b
Chapter 1 of Part 6 (general provisions in relation to Part 6 (assessment of plans and projects)); and
c
regulations 128 (advisory role of the Joint Nature Conservation Committee), 129(3) (advisory role of Scottish Natural Heritage) and 131 (notices).
4
The following provisions also extend to Northern Ireland—
a
sub-paragraph (3) of paragraph 5 of Schedule 6 (amendment of section 123 of the Marine Act),
b
sub-paragraph (5) of that paragraph (amendment of section 237 of that Act), and
c
paragraph 7 of Schedule 6 (amendment of the 2007 Regulations),
and regulation 132 in so far as it relates to those provisions.
5
Paragraph 6 of Schedule 6 (amendment of the 1994 Regulations), and regulation 132 in so far as it relates to that paragraph, extend to Scotland only.
6
The revocation of an enactment by any provision of regulation 133 (revocations) or Schedule 7 (revocations) has the same extent as the enactment revoked, except that the following provisions do not extend to Scotland—
a
paragraph (3) of that regulation, and paragraph (1) of that regulation so far as it relates to paragraph (3); and
b
paragraph (4)(b) of that regulation and Part 2 of that Schedule.