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The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004

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Powers of the National Assembly

10.—(1) The National Assembly may at any time before the adoption of a plan, programme or modification or its submission to the legislative procedure for the purpose of its adoption (as the case may be), in writing, require the responsible authority to send to the National Assembly a copy of—

(a)any determination under paragraph (1) of regulation 9 with respect to the plan, programme or modification;

(b)the plan, programme or modification to which the determination relates; and

(c)where paragraph (3) of that regulation applies, the statement of reasons prepared in accordance with that paragraph.

(2) The responsible authority must comply with a requirement specified under paragraph (1) within 7 days of receiving notification of it.

(3) The National Assembly may direct that a plan, programme or modification is likely to have significant environmental effects (whether or not a copy of the plan, programme or modification has been sent to it in response to a requirement under paragraph (1)).

(4) Before giving a direction, the National Assembly must—

(a)take into account the criteria specified in Schedule 1; and

(b)consult the consultation bodies.

(5) The National Assembly must, as soon as reasonably practicable after the giving of the direction, send to the responsible authority and to each consultation body—

(a)a copy of the direction; and

(b)a statement of its reasons for giving the direction.

(6) In relation to a plan, programme or modification in respect of which a direction has been given—

(a)any determination under regulation 9(1) with respect to the plan, programme or modification ceases to have effect on receipt of the direction; and

(b)if no determination has been made under regulation 9(1) with respect to the plan, programme or modification, the responsible authority ceases to be under any duty imposed by that regulation.

(7) In this regulation, “direction” means a direction under paragraph (3).

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