The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017

This section has no associated Explanatory Memorandum

5.—(1) Section 105C is amended as follows.

(2) In subsection (1)—

(a)in paragraph (a)—

(i)for “Secretary of State or a strategic highways company” substitute “project authority”;

(ii)for “105A(3)” substitute “105B”;

(b)in paragraph (b) for “Secretary of State or the strategic highways company, whichever is considering the project,” substitute “project authority”.

(3) In subsection (2)—

(a)in the opening words for “Secretary of State or the strategic highways company” substitute “project authority”;

(b)in paragraph (a) for “him or the company” substitute “the authority”;

(c)in paragraphs (b) and (c) for “he or the company” substitute “the authority”.

(4) In subsection (3), for “the determination referred to in section 105B(1)” substitute “the notice under section 105B(2)(b)”.

(5) In subsection (4)—

(a)in the opening words, for “Secretary of State or the strategic highways company” substitute “project authority”;

(b)in paragraphs (a) and (c), for “he or the company” substitute “the authority”;

(c)in paragraph (b)—

(i)for “subsection (3A)” substitute “subsection (6)”;

(ii)for “subsection (3)” substitute “subsection (2)(b)”.

(6) In subsection (5)—

(a)for the opening words substitute “The project authority must also”;

(b)in paragraph (a)—

(i)in the opening words, for “he or the company” substitute “the authority”;

(ii)for paragraph (i) substitute—

(i)the consultation bodies, and;

(c)in paragraph (b)—

(i)for “him and the company” substitute “the project authority”;

(ii)for “he and the company” substitute “the project authority”.

(7) after subsection (6), insert—

(6A) The consultations required under subsection (6)(a) may be carried out through an appropriate joint body (within the meaning of the Directive).

(8) Omit subsection (7).