Levelling-up and Regeneration Act 2023

(1A) For the purposes of sub-paragraph (1) (and without prejudice to paragraphs 3 and 4(1)), a habitat enhancement is calculated as the amount by which the projected value of the offsite habitat as at the end of the maintenance period referred to in section 100(2)(b) of the Environment Act 2021 exceeds its pre-enhancement biodiversity value. (1B) The pre-enhancement biodiversity value of an offsite habitat is the biodiversity value of the offsite habitat on the relevant date. (1C) The relevant date is— (a) the date on which the application is made to register the land subject to the habitat enhancement in the biodiversity gain site register, or (b) such other date as may be specified in the conservation covenant or planning obligation. (1D) But if— (a) a person carries on activities on an offsite habitat on or after 25 August 2023 otherwise than in accordance with— (i) planning permission, or (ii) any other permission of a kind specified by the Secretary of State by regulations, and (b) as a result of the activities the biodiversity value of the offsite habitat is lower on the relevant date than it would otherwise have been, the pre-enhancement biodiversity value of the offsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities.

• (d) in paragraph 12(1), after the definition of “onsite habitat” insert—

• “offsite habitat” means habitat which is not onsite habitat.

Development affecting ancient woodland

136

• (1) Before the end of the period of three months beginning with the day on which this Act is passed, the Secretary of State must vary the Town and Country Planning (Consultation) (England) Direction 2021 (“the 2021 Direction”) so that it applies in relation to applications for planning permission for development affecting ancient woodland.

• (2) In subsection (1) “ancient woodland” means an area in England which has been continuously wooded since at least the end of the year 1600 A.D.

• (3) This section does not affect whether or how the Secretary of State may withdraw or vary the 2021 Direction after it has been varied as mentioned in subsection (1).

Part 4 — Infrastructure Levy and Community Infrastructure Levy

Infrastructure Levy: England

137

Schedule 12 makes provision for, and in connection with, the imposition, in England, of a charge to be known as Infrastructure Levy.

Power to designate Homes and Communities Agency as a charging authority

138

In section 14 of the Housing and Regeneration Act 2008 (contents of designation orders), after subsection (6) insert—

(6A) The order may provide that where the HCA is the local planning authority for the whole or any part of the designated area it is to be a charging authority under section 204B(3)(b) of the Planning Act 2008 (Infrastructure Levy) for the whole or any part of that area— (a) for all or specified purposes, (b) in relation to all or specified kinds of development, and (c) in place of any person or body who would otherwise be the charging authority for that area, for those purposes, and in relation to those kinds of development.

Restriction of Community Infrastructure Levy to Greater London and Wales

139

• (1) Part 11 of the Planning Act 2008 (Community Infrastructure Levy) is amended as follows.

• (2) In the Part heading, at the end insert “: Greater London and Wales”.

• (3) In section 205 (the levy)—

• (a) in subsection (1), after “imposition” insert “, in Greater London and Wales,”;

• (b) in subsection (3), in the Table, omit the second entry.

• (4) In section 206 (the charge)—

• (a) in subsection (1), after “A charging authority” insert “in Greater London or Wales”;

• (b) for subsection (3) substitute—

(3) The Mayor of London is the charging authority for Greater London.

• (c) in subsection (4)—

• (i) in the words before paragraph (a), for “, or in the case of Greater London one of the charging authorities,” substitute “in Wales”;

• (ii) in the words before paragraph (a), omit “, (3)(b) or (c)”;

• (iii) in paragraph (a), at the end insert “in Wales, and”;

• (iv) omit paragraphs (c) to (e);

• (d) in subsection (5)—

• (i) omit paragraph (a) (together with the “and” at the end of that paragraph);

• (ii) in paragraph (b) omit “in relation to Wales”;

• (e) omit subsection (6).

• (5) Omit section 207 (joint committees).

• (6) In section 223(1) (relationship with other powers), before paragraph (a) insert—

(za) Part 10A (Infrastructure Levy: England) (including any power conferred by IL regulations under that Part),

Enforcement of Community Infrastructure Levy

140

• (1) In section 218 of the Planning Act 2008 (enforcement), for subsections (11) and (12) substitute—

(11) Regulations under this section creating a criminal offence may not provide for— (a) imprisonment for a term exceeding the maximum term for summary offences, on summary conviction for an offence triable summarily only, (b) imprisonment for a term exceeding the general limit in a magistrates’ court, on summary conviction for an offence triable either way, or (c) imprisonment for a term exceeding 2 years, on conviction on indictment. (12) In subsection (11)(a), “the maximum term for summary offences” means— (a) in relation to an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months; (b) in relation to an offence committed after that time, 51 weeks.

Part 5 — Community land auction pilots

Community land auction arrangements

Community land auction arrangements and their purpose

141

• (1) In making CLA regulations the Secretary of State must aim to ensure that the overall purpose of community land auction arrangements is to ensure that costs incurred in—

• (a) supporting the development of an area, and

• (b) achieving any purpose specified under section 143(7), section 144(3) or section 145(3),

can be funded (wholly or partly) by owners or developers of land.

• (2) “CLA regulations” means regulations made under this Part by the Secretary of State.

• (3) A “community land auction arrangement” means an arrangement provided for in CLA regulations under which—

• (a) a local planning authority is to invite anyone who has a freehold or leasehold interest in land in the authority’s area to offer to grant a CLA option over the land, with a view to the land being allocated for development in the next local plan for the authority’s area,

• (b) any CLA option granted under the arrangement ceases to have effect if the land subject to the option is not so allocated when that plan is adopted or approved (unless the option has already been exercised or been withdrawn or otherwise ceased to have effect), and

• (c) the local planning authority may—

• (i) exercise the CLA option and dispose of the interest in the land to a person who proposes to develop the land,

• (ii) exercise the CLA option with a view to developing the land itself, or

• (iii) dispose of the CLA option to a person who proposes to exercise it and then develop the land.

• (4) A “CLA option”, in relation to land, means an option to acquire a freehold or leasehold interest in the land which—

• (a) subject to CLA regulations under paragraph (c), can be—

• (i) exercised by the local planning authority in whose area the land is situated, or

• (ii) disposed of by that authority to any other person, on such terms as the authority considers appropriate,

• (b) is granted under a community land auction arrangement, and

• (c) meets any requirements imposed by CLA regulations.

• (5) CLA regulations under subsection (4)(c) may, in particular, include provision about—

• (a) how long a CLA option must be capable of being exercised for;

• (b) when, or the circumstances in which, a CLA option may or must be capable of being exercised;

• (c) when, or the circumstances in which, a CLA option may or must cease to have effect;

• (d) when, or the circumstances in which, a CLA option may or must be withdrawn;

• (e) when, the circumstances in which or the terms on which, a CLA option may or must be disposed of;

• (f) sums that are to be paid under or in connection with a CLA option (including provision permitting or requiring such sums to be adjusted to reflect changes in the value of money);

• (g) the form and content of a CLA option.

Power to permit community land auction arrangements

142

• (1) This section applies where—

• (a) CLA regulations provide that a local planning authority which is to prepare a local plan may put in place a community land auction arrangement in relation to that plan,

• (b) the local planning authority resolves to do so (and that resolution has not been rescinded), and

• (c) the community land auction arrangement has not come to an end.

• (2) The local plan may only allocate land in the authority’s area for development—

• (a) if the land is subject to a CLA option or a CLA option has already been exercised in relation to it, or

• (b) in circumstances which are prescribed by CLA regulations.

• (3) Any financial benefit that the local planning authority has derived, or will or could derive, from a CLA option may be taken into account—

• (a) in deciding whether to allocate land which is subject to the option, or in relation to which the option has been exercised, for development in the local plan;

• (b) in deciding whether the local plan is sound in an examination under Part 2 of PCPA 2004.

• (4) CLA regulations may make provision about how, or to what extent, any financial benefit may be taken into account under subsection (3) (including provision about how any financial benefit is to be weighed against any other considerations which may be relevant to whether the land should be allocated for development in the local plan or to whether the plan is sound).

• (5) References in this section to a local plan do not include references to a joint local plan (but see section 147 in relation to the application of this Part in relation to joint local plans).

CLA receipts

Application of CLA receipts

143

• (1) CLA regulations must require a local planning authority which receives sums that represent financial benefit derived from CLA options over land in its area (“CLA receipts”) to apply them, or cause them to be applied, to—

• (a) support the development of an area by funding the provision, improvement, replacement, operation or maintenance of infrastructure, or

• (b) fund the operation of community land auction arrangements in relation to its area.

• (2) Subsection (1) is subject to the following provisions of this section and sections 144(1) to (3) and 145(2) and (3).

• (3) CLA regulations may make provision about the extent to which the CLA receipts received by a local planning authority may or must be applied to funding the provision, improvement, replacement, operation or maintenance of infrastructure of a particular description.

• (4) In this section (except subsection (6)) and sections 144(2), 145(2) and 146 “infrastructure” includes—

• (a) roads and other transport facilities,

• (b) flood defences,

• (c) schools and other educational facilities,

• (d) medical facilities,

• (e) sporting and recreational facilities,

• (f) open spaces,

• (g) affordable housing,

• (h) facilities and equipment for emergency and rescue services,

• (i) facilities and spaces which—

• (i) preserve or improve the natural environment, or

• (ii) enable or facilitate enjoyment of the natural environment, and

• (j) facilities and spaces for the mitigation of, and adaptation to, climate change.

• (5) In subsection (4)(g) “affordable housing” means—

• (a) social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and

• (b) any other description of housing that CLA regulations may specify.

• (6) CLA regulations may amend this section so as to—

• (a) add, remove or vary an entry in the list of matters included within the meaning of “infrastructure”;

• (b) list matters excluded from the meaning of “infrastructure”.

• (7) CLA regulations may make provision about circumstances in which local planning authorities may apply a specified amount of CLA receipts, or cause a specified amount of CLA receipts to be applied, towards specified purposes which are not mentioned in subsection (1).

• (8) CLA regulations may specify—

• (a) works, installations and other facilities whose provision, improvement or replacement may or is to be, or may not be, funded by CLA receipts,

• (b) maintenance activities and operational activities (including operational activities of a promotional kind) in connection with infrastructure that may or are to be, or may not be, funded by CLA receipts,

• (c) things within subsection (1)(b) that may or are to be, or may not be, funded by CLA receipts,

• (d) things within section 144(2) that may or are to be, or may not be, funded by CLA receipts passed to a person in discharge of a duty under section 144(1),

• (e) things within section 145(2) that may or are to be, or may not be, funded by CLA receipts to which provision under section 145(2) relates,

• (f) criteria for determining the areas that may benefit from funding by CLA receipts, and

• (g) what is to be, or not to be, treated as funding.

• (9) The regulations may—

• (a) require local planning authorities in relation to which section 142 applies to prepare and publish a list of what is to be, or may be, wholly or partly funded by CLA receipts;

• (b) include provision about the procedure to be followed in preparing a list (which may include provision for consultation or for the appointment of an independent person or both);

• (c) include provision about the circumstances in which a local planning authority may and may not apply CLA receipts to anything not included on the list;

• (d) permit or require the list to be prepared and published as part of a CLA infrastructure delivery strategy (see section 146).

• (10) In making provision about funding the regulations may, in particular—

• (a) permit CLA receipts to be used to reimburse expenditure already incurred;

• (b) permit CLA receipts to be reserved for expenditure that may be incurred in the future;

• (c) permit CLA receipts to be applied (either generally or subject to limits set by or determined in accordance with the regulations) to administrative expenses in connection with infrastructure or anything within section 144(2)(a)(ii) or section 145(2)(b) or otherwise in connection with a community land auction arrangement;

• (d) include provision for the giving of loans, guarantees or indemnities;

• (e) make provision about the application of CLA receipts where anything to which they were to be applied no longer requires funding.

• (11) The regulations may—

• (a) require a local planning authority to account separately, and in accordance with the regulations, for CLA receipts received or due;

• (b) require a local planning authority to monitor the use made and to be made of CLA receipts in its area;

• (c) require a local planning authority to report on actual or expected collection and application of CLA receipts;

• (d) permit a local planning authority to cause money to be applied in respect of things done outside its area;

• (e) permit a local planning authority or other body to spend or retain money;

• (f) permit a local planning authority to pass money to another body (and in paragraphs (a) to (e) a reference to a local planning authority includes a reference to a body to which a local planning authority passes money in reliance on this paragraph).

• (12) For the purposes of subsection (1) a financial benefit is derived from a CLA option if it arises as a consequence of the local planning authority—

• (a) exercising the option and developing or disposing of the land which was subject to it, or

• (b) disposing of the option.

Duty to pass CLA receipts to other persons

144

• (1) CLA regulations may require a local planning authority that receives CLA receipts in respect of development in an area to pass them to a person other than the authority.

• (2) CLA regulations imposing a duty under subsection (1) must contain provision to secure that any CLA receipts passed to a person in discharge of the duty are used to—

• (a) support the development of the area to which the duty relates, or of any part of that area, by funding—

• (i) the provision, improvement, replacement, operation or maintenance of infrastructure, or

• (ii) anything else that is concerned with addressing demands that development places on an area, or

• (b) fund the operation of community land auction arrangements in relation to land in the local planning authority’s area.

• (3) CLA regulations may make provision about circumstances in which a specified amount of the CLA receipts may be used for specified purposes which are not mentioned in subsection (2).

• (4) A duty under subsection (1) may relate to—

• (a) the whole of a local planning authority’s area or the whole of the combined area of two or more local planning authorities, or

• (b) part only of such an area or combined area.

• (5) CLA regulations may make provision about the persons to whom CLA receipts may or must, or may not, be passed in discharge of a duty under subsection (1).

• (6) A duty under subsection (1) may relate—

• (a) to all CLA receipts (if any) received in respect of the area to which the duty relates, or

• (b) such part of those CLA receipts as is specified in, or determined under or in accordance with, CLA regulations.

• (7) CLA regulations may make provision in connection with the timing of payments in discharge of a duty under subsection (1).

• (8) CLA regulations may, in relation to CLA receipts passed to a person in discharge of a duty under subsection (1), make provision about—

• (a) accounting for the CLA receipts,

• (b) monitoring their use,

• (c) reporting on their use,

• (d) responsibilities of local planning authorities for things done by the person in connection with the CLA receipts,

• (e) recovery of the CLA receipts, and any income or profits accruing in respect of them or from their application, in cases where—

• (i) anything to be funded by them has not been provided, or

• (ii) they have been misapplied,

including recovery of sums or other assets representing them or any such income or profits, and

• (f) use of anything recovered in cases where—

• (i) anything to be funded by the CLA receipts has not been provided, or

• (ii) the CLA receipts have been misapplied.

• (9) This section does not limit section 143(11)(f).

Use of CLA receipts in an area to which section 144(1) duty does not relate

145

• (1) Subsection (2) applies where—

• (a) there is an area to which a particular duty under section 144(1) relates, and

• (b) there is also an area to which that duty does not relate (“the uncovered area”).

• (2) CLA regulations may provide that the local planning authority that receives CLA receipts in respect of development in the uncovered area may apply the CLA receipts, or cause them to be applied, to—

• (a) support development by funding the provision, improvement, replacement, operation or maintenance of infrastructure,

• (b) support development of the uncovered area, or of any part of that area, by funding anything else that is concerned with addressing demands that development places on an area, or

• (c) funding the operation of community land auction arrangements in relation to the local planning authority’s area.

• (3) The regulations may make provision about circumstances in which the authority may apply a specified amount of CLA receipts, or cause a specified amount of CLA receipts to be applied, towards specified purposes which are not mentioned in subsection (2).

• (4) Provision under subsection (2)(a) or (b) may relate to the whole, or part only, of the uncovered area.

• (5) Provision under subsection (2) may relate—

• (a) to all CLA receipts (if any) received in respect of the area to which the provision relates, or

• (b) such part of those CLA receipts as is specified in, or determined under or in accordance with, CLA regulations.

CLA infrastructure delivery strategy

146

• (1) CLA regulations may require a local planning authority in relation to which section 142 applies to prepare and publish a CLA infrastructure delivery strategy.

• (2) A CLA infrastructure delivery strategy is a document which—

• (a) sets out the strategic plans (however expressed) of the local planning authority in relation to the application of CLA receipts, and

• (b) includes such other information as may be prescribed by CLA regulations.

• (3) A CLA infrastructure delivery strategy may and, if required by CLA regulations, must set out the plans (however expressed) of the local planning authority in relation to the provision, improvement, replacement, operation and maintenance of infrastructure in the authority’s area.

• (4) A local planning authority may at any time prepare and publish a revision to, or replacement of, its CLA infrastructure delivery strategy.

• (5) CLA regulations may make provision for the independent examination of—

• (a) CLA infrastructure delivery strategies, and

• (b) revisions to, or replacements of, such strategies.

• (6) The regulations may make provision for an examination to be combined with—

• (a) an examination under Part 2 of PCPA 2004 in relation to a local plan, or

• (b) an examination under Part 10A of the Planning Act 2008 in relation to an infrastructure delivery strategy under that Part.

• (7) The regulations may, in particular, make provision—

• (a) about who is to carry out the examination;

• (b) about what the examiner must, may or may not consider;

• (c) about the procedure to be followed;

• (d) about recommendations, or other consequences, arising from or in connection with the examination;

• (e) about circumstances in which an examination is not required;

• (f) applying, or corresponding to, any provision made by or under Part 10A of the Planning Act 2008 relating to an examination in relation to a charging schedule or infrastructure delivery strategy under that Part (with or without modifications).

• (8) A local planning authority which is required to prepare and publish a CLA infrastructure delivery strategy must have regard to any guidance published by the Secretary of State in relation to the preparation, publication, revision or replacement of CLA infrastructure delivery strategies.

• (9) CLA regulations may make provision about—

• (a) the form and content of CLA infrastructure delivery strategies;

• (b) the publication of CLA infrastructure delivery strategies and any related documents;

• (c) the procedures to be followed in relation to the preparation, revision or replacement of CLA infrastructure delivery strategies;

• (d) the timing of any steps in connection with the preparation, publication, revision or replacement of CLA infrastructure delivery strategies;

• (e) the evidence required to inform the preparation of CLA infrastructure delivery strategies;

• (f) consultation in connection with CLA infrastructure delivery strategies;

• (g) the preparation of joint CLA infrastructure delivery strategies;

• (h) the period of time for which CLA infrastructure delivery strategies are valid.

General

Power to provide for authorities making joint local plans

147

• (1) CLA regulations may make provision applying any provision made by or under this Part in relation to local planning authorities whose next local plan is to be a joint local plan, with or without modifications.

• (2) Where CLA regulations make provision under subsection (1) which permits local planning authorities that are to make a joint local plan to put in place a community land auction arrangement jointly, it must include provision about how CLA receipts deriving from that arrangement are to be shared between the authorities.

Parliamentary scrutiny of pilot

148

• (1) The Secretary of State must prepare a report which—

• (a) assesses the effectiveness of the operation of this Part in delivering the overall purpose mentioned in section 141(1), and

• (b) contains such other information about, or assessments as to the effect of, community land auction arrangements as the Secretary of State considers appropriate.

• (2) The Secretary of State must lay the report before each House of Parliament before the later of—

• (a) the end of the period of 24 months beginning with the day on which this Part expires in accordance with section 150, and

• (b) the end of the period of 24 months beginning with the day on which the final community land auction arrangement comes to an end.

• (3) The “final community land auction arrangement” means the last community land auction arrangement to come to an end.

• (4) After the report has been laid before each House of Parliament under subsection (2), the Secretary of State must publish it as soon as is reasonably practicable.

• (5) In calculating a period of 24 months mentioned in subsection (2), no account is to be taken of any time during which—

• (a) Parliament is dissolved or prorogued, or

• (b) either House of Parliament is adjourned for more than 4 days.

CLA regulations: further provision and guidance

149

• (1) CLA regulations may make provision—

• (a) about the leasehold interests in relation to which a community land auction arrangement may, may not or must be capable of applying;

• (b) permitting a local planning authority to exclude land from a community land auction arrangement and disapply section 142(2) in relation to that land;

• (c) about the procedures to be followed under, or in connection with, a community land auction arrangement;

• (d) about the provision or publication of information under, or in connection with, a community land auction arrangement;

• (e) about how, when or the circumstances in which anything must be done under, or in connection with, a community land auction arrangement;

• (f) about the treatment of anyone who has an interest in or over land which is subject to a CLA option;

• (g) about when a community land auction arrangement is to be taken to be put in place or to come to an end;

• (h) about how section 106 of TCPA 1990 (planning obligations) is to be used, or is not to be used, where section 142 applies or has applied (including provision about the circumstances in which a planning obligation under that section may constitute a reason for granting planning permission);

• (i) about the exercise of any other power relating to planning or development;

• (j) about anything else relating to planning or development.

• (2) The Secretary of State may give guidance to a local planning authority or other authority about, or in connection with, community land auction arrangements (including guidance about how any power relating to planning or development is to be exercised in circumstances which include, or may include, a community land auction arrangement); and authorities must have regard to the guidance.

• (3) Provision may be made under subsection (1)(h) to (j), and guidance may be given under subsection (2), only if the Secretary of State thinks it necessary or expedient for—

• (a) delivering the overall purpose mentioned in section 141(1),

• (b) enhancing the effectiveness, or increasing the use, of CLA regulations or community land auction arrangements,

• (c) preventing agreements, undertakings or other transactions from being used to undermine or circumvent CLA regulations or community land auction arrangements,

• (d) preventing agreements, undertakings or other transactions from being used to achieve a purpose that the Secretary of State thinks would better be achieved through the application of CLA regulations or community land auction arrangements, or

• (e) preventing or restricting the imposition of burdens, the making of agreements or the giving of undertakings, in addition to those in connection with CLA regulations or community land auction arrangements.

• (4) CLA regulations may—

• (a) confer functions on any person, including functions involving the exercise of a discretion;

• (b) make consequential, supplementary or incidental provision under section 252(1)(c) which disapplies, or modifies the effect of, any provision made by or under an Act of Parliament (whenever passed or made).

Expiry of Part 5

150

• (1) This Part, other than section 148 and this section, expires at the end of the period of 10 years beginning with the date on which CLA regulations are first made.

• (2) Subsection (1) does not affect—

• (a) any community land auction arrangement which is put in place before the expiry of this Part (whether or not it comes to an end before this Part expires);

• (b) any CLA option, or allocation of land for development in a local plan, that is made under a community land auction arrangement which is put in place before the expiry of this Part (whether or not it comes to an end before this Part expires);

• (c) the treatment of any CLA receipts after the expiry of this Part.

• (3) Subsections (1) and (2) are subject to such transitional, transitory or saving provision as may be made by CLA regulations in connection with the expiry of this Part.

Interpretation of Part 5

151

In this Part—

• “CLA option” has the meaning given by section 141(4);

• “CLA receipts” has the meaning given by section 143(1);

• “CLA regulations” has the meaning given by section 141(2);

• “community land auction arrangement” has the meaning given by section 141(3);

• “joint local plan” and “local plan” have the same meaning as in Part 2 of PCPA 2004 (see, in particular, section 15LH of that Act);

• “local planning authority” means a local planning authority for the purposes of Part 2 of PCPA 2004 (see, in particular, section 15LF of that Act) other than— a joint committee constituted under section 15J of that Act, an urban development corporation, a development corporation established under the New Towns Act 1981 or a Mayoral development corporation, or the Homes and Communities Agency, and references to the area of a local planning authority are to the area for which the authority is the local planning authority in accordance with Part 2 of PCPA 2004.

Part 6 — Environmental outcomes reports

Setting environmental outcomes

Power to specify environmental outcomes

152

• (1) Regulations made by an appropriate authority under this Part (“EOR regulations”) may specify outcomes relating to environmental protection in the United Kingdom or elsewhere that are to be “specified environmental outcomes” for the purposes of this Part.

• (2) “Environmental protection” means—

• (a) protection of the natural environment, cultural heritage and the landscape from the effects of human activity (including, amongst other things, the protection of chalk streams from abstraction and pollution);

• (b) protection of people from the effects of human activity on the natural environment, cultural heritage and the landscape;

• (c) maintenance, restoration or enhancement of the natural environment, cultural heritage or the landscape;

• (d) monitoring, assessing, considering, advising or reporting on anything in paragraphs (a) to (c).

• (3) The “natural environment” means—

• (a) plants, wild animals and other living organisms,

• (b) their habitats (including, amongst other things, chalk streams),

• (c) land (except buildings or other structures), air and water,

and the natural systems, cycles and processes through which they interact.

• (4) “Cultural heritage” means any building, structure, other feature of the natural or built environment or site, which is of historic, architectural, archaeological or artistic interest.

• (5) Before making any EOR regulations which contain provision about what the specified environmental outcomes are to be, an appropriate authority must have regard to—

• (a) in the case of regulations made by the Secretary of State acting alone or jointly with a devolved authority, the current environmental improvement plan (within the meaning of Part 1 of the Environment Act 2021),

• (b) in the case of regulations made by the Scottish Ministers acting alone, the current environmental policy strategy (within the meaning of section 47 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (asp 4)),

• (c) in the case of regulations made by the Welsh Ministers acting alone, the current national natural resources policy (within the meaning of section 9 of the Environment (Wales) Act 2016), or

• (d) in the case of regulations made by a Northern Ireland department acting alone, the current environmental improvement plan (within the meaning of Schedule 2 to the Environment Act 2021).

Power to require environmental outcomes reports

Environmental outcomes reports for relevant consents and relevant plans

153

• (1) EOR regulations may make provision requiring an environmental outcomes report to be prepared in relation to a proposed relevant consent or a proposed relevant plan.

• (2) Where an environmental outcomes report is required to be prepared in relation to a proposed relevant consent—

• (a) the proposed relevant consent may not be given, unless an environmental outcomes report has been prepared in relation to it, and

• (b) that report must be taken into account or given effect, in accordance with EOR regulations, in determining whether and on what terms the proposed consent is to be given.

• (3) Where an environmental outcomes report is required to be prepared in relation to a proposed relevant plan—

• (a) no step may be taken which would have the effect of bringing the proposed relevant plan into effect, unless an environmental outcomes report has been prepared in relation to it, and

• (b) that report must be taken into account or given effect, in accordance with EOR regulations, in determining whether and on what terms the proposed relevant plan is to have effect.

• (4) An “environmental outcomes report”, in relation to a proposed relevant consent or proposed relevant plan, means a written report which assesses—

• (a) the extent to which the proposed relevant consent or proposed relevant plan would, or is likely to, impact on the delivery of specified environmental outcomes,

• (b) any proposals for increasing the extent to which a specified environmental outcome is delivered,

• (c) any steps that may be proposed for the purposes of—

• (i) avoiding the effects of a specified environmental outcome not being delivered to any extent;

• (ii) so far as the effects of a specified environmental outcome not being delivered to any extent cannot be avoided, mitigating those effects;

• (iii) so far as the effects of a specified environmental outcome not being delivered to any extent cannot be avoided or mitigated, compensating for the specified environmental outcome not being delivered, and

• (d) any proposals about how—

• (i) the impact of the proposed relevant consent or proposed relevant plan on the delivery of a specified environmental outcome, or

• (ii) the taking of any proposed steps of the kind mentioned in paragraph (c),

should be monitored or secured.

• (5) The reference in subsection (4)(c) to steps includes—

• (a) reasonable alternatives to the relevant consent, to the project to which the relevant consent relates or to any element of either, or (as the case may be)

• (b) reasonable alternatives to the relevant plan or any element of it.

• (6) Subsection (2) does not apply in relation to a relevant consent where—

• (a) the requirement for the consent is imposed under subsection (4) of section 154, and

• (b) the consent is to be given or refused in an environmental outcomes report in accordance with provision under subsection (5) of that section.

• (7) EOR regulations may include provision about or in connection with—

• (a) what is to be taken to constitute the giving of a relevant consent for the purposes of subsection (2);

• (b) the proposed relevant consents and proposed relevant plans for which an environmental outcomes report is, or may be, required;

• (c) in relation to proposed relevant consents and proposed relevant plans for which an environmental outcomes report may be required, the circumstances in which a report is required;

• (d) an environmental outcomes report not needing to assess the extent to which a proposed relevant consent or proposed relevant plan would, or is likely to, impact on the delivery of a specified environmental outcome, where an adequate assessment of the impact on delivery of the outcome has in effect already been, or is to be, carried out in a different environmental outcomes report;

• (e) what proposals an environmental outcomes report may or must deal with under subsection (4)(b),(c) and (d);

• (f) how any of the assessments mentioned in subsection (4) are to be carried out;

• (g) the information to be included in, and the content and form of, an environmental outcomes report, including provision requiring, or permitting a public authority to require, a report to deal with matters in addition to those provided for in subsection (4);

• (h) how, and to what extent, environmental outcomes reports are to be taken into account or given effect by public authorities in considering, and making decisions in relation to, relevant consents or relevant plans;

• (i) the carrying out of any proposals assessed in an environmental outcomes report under subsection (4)(b), (c) and (d).

Defining the consents and plans to which this Part applies

Power to define “relevant consent” and “relevant plan” etc

154

• (1) EOR regulations may provide that a consent of a description specified in the regulations (a “category 1 consent”) is to be a “relevant consent” for the purposes of this Part in all cases.

• (2) EOR regulations may provide that a consent of a description specified in the regulations (a “category 2 consent”) is to be a “relevant consent” for the purposes of this Part only if certain criteria specified in EOR regulations are met.

• (3) EOR regulations may make provision about, or in connection with, how, when and by whom it is to be determined whether criteria are met, such that a category 2 consent is a relevant consent.

• (4) EOR regulations may impose a requirement for a consent in relation to a project, which is to be a category 1 consent or a category 2 consent.

• (5) EOR regulations may make provision about, or in connection with, how a consent which is required under subsection (4) is to be given, including provision for it to be given (or refused) by an environmental outcomes report.

• (6) “Relevant plan” means a plan or programme which—

• (a) relates, or may relate, to a project or to environmental protection in the United Kingdom or a relevant offshore area, and

• (b) is specified or described in EOR regulations for the purposes of this subsection.

• (7) References in this Part to a proposed relevant consent or proposed relevant plan include references to a proposed variation or modification of, or revision to, a relevant consent or relevant plan (however described).

• (8) “Consent” means any consent, approval, permission, authorisation, confirmation or decision (however described, given or made) that is required, or otherwise provided for, by or under any enactment in relation to a project.

• (9) “Project” means a project in the United Kingdom , a relevant offshore area or, where subsection (10) applies, an area beyond national jurisdiction involving—

• (a) construction, engineering, demolition, dismantling or decommissioning,

• (b) the installation, depositing or removal of any thing,

• (c) the exploitation of natural resources by any means,

• (d) a change in the use of land, a building or other structure, or

• (e) any other activity capable of affecting the natural environment, cultural heritage or landscape.

• (10) This subsection applies where the activity within any of paragraphs (a) to (e) of subsection (9) is or involves a licensable marine activity within the meaning of—

• (a) section 66 of the Marine and Coastal Access Act 2009, or

• (b) section 21 of the Marine (Scotland) Act 2010 (asp 5).

• (11) In this section, “area beyond national jurisdiction” has the meaning given by Article 1(2) of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, opened for signature at New York on 20 September 2023.

Assessment and monitoring

Assessing and monitoring impact on outcomes etc

155

• (1) EOR regulations may make provision about, or in connection with, how the extent to which a relevant consent or relevant plan actually affects the delivery of a specified environmental outcome is to be assessed or monitored.

• (2) EOR regulations may make provision about, or in connection with, how the carrying out of any proposals assessed in an environmental outcomes report under section 153(4)(b), (c) or (d), or requirements under subsection (3), is to be assessed or monitored.

• (3) EOR regulations may make provision requiring action to be taken, if an assessment or monitoring under subsection (1) or (2) determines that is appropriate for the purposes of—

• (a) increasing the extent to which a specified environmental outcome is delivered,

• (b) mitigating or remedying the effects of a specified environmental outcome not being delivered to any extent, or

• (c) compensating for a specified environmental outcome not being delivered to any extent.

Safeguards, devolution and exemptions

Safeguards: non-regression, international obligations and public engagement

156

• (1) An appropriate authority may make EOR regulations only if satisfied that making the regulations will not result in environmental law providing an overall level of environmental protection that is less than that provided by environmental law at the time this Act is passed.

• (2) EOR regulations may not contain provision that is inconsistent with the implementation of the international obligations of the United Kingdom relating to the assessment of the environmental impact of relevant plans and relevant consents.

• (3) In exercising functions under this Part, an appropriate authority must seek to ensure that (so far as would not otherwise be the case) arrangements will exist under which the public will be informed of any proposed relevant consent or proposed relevant plan in sufficient detail, and at a sufficiently early stage, to enable adequate public engagement to take place.

• (4) In this section—

• “adequate public engagement” means such engagement with the public, in relation to a proposed relevant consent or proposed relevant plan, as the appropriate authority considers appropriate;

• “environmental law” means environmental law (within the meaning of Part 1 of the Environment Act 2021 but disregarding section 46(3) and (4) of that Act), whether or not the environmental law is in force.

Requirements to consult devolved administrations

157

• (1) The Secretary of State may only make EOR regulations which contain provision—

• (a) within Scottish devolved legislative competence, or

• (b) which could be made by the Scottish Ministers,

with the consent of the Scottish Ministers, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.

• (2) The Secretary of State may only make EOR regulations which contain provision that confers a function on, or modifies or removes a function of, the Scottish Ministers after consulting the Scottish Ministers, unless—

• (a) that provision is contained in regulations which require the consent of the Scottish Ministers by virtue of subsection (1), or

• (b) that provision is merely incidental to, or consequential on, provision that would be outside Scottish devolved legislative competence.

• (3) Provision is “within Scottish devolved legislative competence” where, if the provision were included in an Act of the Scottish Parliament, it would be within the legislative competence of that Parliament.

• (4) The Secretary of State may only make EOR regulations which contain provision within Welsh devolved legislative competence with the consent of the Welsh Ministers, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.

• (5) The Secretary of State may only make EOR regulations which contain provision that could be made by the Welsh Ministers or that confers a function on, or modifies or removes a function of, the Welsh Ministers or a devolved Welsh authority after consulting the Welsh Ministers, unless—

• (a) that provision is contained in regulations which require the consent of the Welsh Ministers by virtue of subsection (4), or

• (b) that provision is merely incidental to, or consequential on, provision that would be outside Welsh devolved legislative competence.

• (6) “Devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).

• (7) Provision is “within Welsh devolved legislative competence” where, if the provision were included in an Act of Senedd Cymru, it would be within the legislative competence of the Senedd (including any provision that could be made only with the consent of a Minister of the Crown).

• (8) The Secretary of State may only make EOR regulations which contain provision within Northern Ireland devolved legislative competence with the consent of the relevant Northern Ireland department, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.

• (9) The Secretary of State may only make EOR regulations which contain provision that could be made by a Northern Ireland department or that confers a function on, or modifies or removes a function of, a Northern Ireland department after consulting the relevant Northern Ireland department, unless—

• (a) that provision is contained in regulations which require the consent of the relevant Northern Ireland department by virtue of subsection (8), or

• (b) that provision is merely incidental to, or consequential on, provision that would be outside Northern Ireland devolved legislative competence.

• (10) The “relevant Northern Ireland department” is such Northern Ireland department as the Secretary of State considers appropriate having regard to the provision which is to be contained in the regulations concerned.

• (11) Provision is within “Northern Ireland devolved legislative competence” where the provision—

• (a) would be within the legislative competence of the Northern Ireland Assembly, if contained in an Act of that Assembly, and

• (b) would not, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State.

• (12) In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

EOR regulations: devolved authorities

158

Schedule 13 contains restrictions on the exercise of the powers under this Part by devolved authorities.

Exemptions for national defence and civil emergency etc

159

• (1) The Secretary of State may direct that no environmental outcomes report is required to be prepared in relation to a proposed relevant consent which is solely for the purposes of national defence or preventing or responding to civil emergency.

• (2) EOR regulations may provide for further circumstances in which the Secretary of State is to be able to direct that no environmental outcomes report is required to be prepared.

• (3) A direction under this section may provide that provision in EOR regulations specified in the direction applies (subject to any modifications specified in the direction), despite the fact that no environmental outcomes report is required to be prepared.

• (4) The Secretary of State may modify or revoke a direction under this section.

Enforcement

Enforcement

160

• (1) EOR regulations may make provision about, or in connection with, the enforcement of requirements imposed by or under this Part.

• (2) EOR regulations under this section may, in particular, include provision—

• (a) creating a criminal offence (but may not create a criminal offence punishable with imprisonment);

• (b) conferring a power on any court or tribunal;

• (c) for the imposition of civil sanctions and appeals against such sanctions;

• (d) conferring a power of entry (whether or not on the authority of a warrant);

• (e) conferring a power of inspection, search, seizure or detention (whether or not on the authority of a warrant);

• (f) authorising, or making provision for the authorisation of, the use of reasonable force in connection with a power mentioned in paragraph (d) or (e);

• (g) applying, or corresponding to, any provision, made by or under any enactment, relating to enforcement in connection with a category 1 consent or a category 2 consent (with or without modifications).

• (3) EOR regulations under subsection (2)(c) may make provision for the imposition of civil sanctions whether or not the conduct in respect of which the sanction is imposed constitutes an offence.

• (4) In this section “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices, enforcement undertakings).

Reporting

Reporting

161

• (1) EOR regulations may make provision requiring a public authority to report on, or provide information in relation to, the delivery of specified environmental outcomes.

• (2) EOR regulations may, in particular, include provision about or in connection with—

• (a) the information to be included in, and the content and form of, a report required under subsection (1);

• (b) the content and form of information required to be provided under subsection (1);

• (c) when, or the circumstances in which, the information or report must be provided;

• (d) the publication of the information or report;

• (e) who the information or report is to be provided to;

• (f) a report being combined with another document which is to be prepared under any enactment.

General

Public consultation etc

162

• (1) An appropriate authority must consult the public before making EOR regulations which contain provision—

• (a) under section 152(1) (specified environmental outcomes);

• (b) amending, repealing or revoking relevant existing environmental assessment legislation.

• (2) An appropriate authority must consult such persons as the appropriate authority considers appropriate—

• (a) before making EOR regulations which contain provision under—

• (i) section 154(1) to (6) (consents and plans subject to this Part);

• (ii) section 159(2) (power to provide for further exemptions by Secretary of State direction);

• (iii) section 160 (enforcement);

• (iv) section 164 (interaction with existing environmental assessment legislation and the Habitats Regulations);

• (b) before issuing, modifying or withdrawing any guidance under section 163, which relates to—

• (i) how the likely impact of a proposed relevant consent or proposed relevant plan on the delivery of a specified environmental outcome should be assessed, or

• (ii) how the extent to which a relevant consent or relevant plan actually affects the delivery of a specified environmental outcome should be assessed or monitored.

• (3) EOR regulations may require a public authority to respond, or to respond in a particular way or by a particular time, to a consultation under subsection (1) or (2).

• (4) The requirements to consult in subsections (1) and (2) may be met by consultation carried out before the subsection concerned comes into force.

Guidance

163

• (1) A public authority carrying out a function under this Part, other than under regulations made by a devolved authority acting alone, must have regard to any guidance issued by the Secretary of State in relation to the function.

• (2) A public authority carrying out a function under regulations made under this Part by the Secretary of State acting jointly with one or more devolved authorities must have regard to any guidance issued by the Secretary of State or any of those devolved authorities in relation to the function.

• (3) Before issuing guidance under subsection (2)—

• (a) the Secretary of State must—

• (i) obtain the consent of the Scottish Ministers so far as the guidance relates to a matter provision about which would be within Scottish devolved legislative competence by virtue of section 157(3) or which could be made by the Scottish Ministers;

• (ii) obtain the consent of the Welsh Ministers so far as the guidance relates to a matter provision about which would be within Welsh devolved legislative competence (see section 157(7));

• (iii) obtain the consent of the relevant Northern Ireland department so far as the guidance relates to a matter provision about which would be within Northern Ireland devolved legislative competence (see section 157(11));

• (b) the Scottish Ministers must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would not be within Scottish devolved legislative competence by virtue of section 157(3) or which could not be made by the Scottish Ministers;

• (c) the Welsh Ministers must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would be outside Welsh devolved legislative competence (see section 157(7));

• (d) a Northern Ireland department must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would be outside Northern Ireland devolved legislative competence (see section 157(11)).

• (4) The “relevant Northern Ireland department” is such Northern Ireland department as the Secretary of State considers appropriate having regard to the material which is to be contained in the guidance concerned.

• (5) A public authority carrying out a function under regulations made under this Part by a devolved authority acting alone must have regard to any guidance issued by the devolved authority in relation to the function.

• (6) A public authority carrying out a function under existing environmental assessment legislation listed in Part 1 of Schedule 14 (other than a function under Schedule 3 to the Harbours Act 1964 so far as relating to environmental impact assessments in Scotland) must have regard to any guidance issued by the Secretary of State in relation to the function.

• (7) A public authority carrying out a function under existing environmental assessment legislation listed in Part 2 of Schedule 14 must have regard to any guidance issued by the Scottish Ministers in relation to the function.

• (8) A public authority carrying out a function under existing environmental assessment legislation listed in Part 3 of Schedule 14 must have regard to any guidance issued by the Welsh Ministers in relation to the function.

• (9) A public authority carrying out a function under existing environmental assessment legislation listed in Part 4 of Schedule 14 must have regard to any guidance issued by a Northern Ireland department in relation to the function.

• (10) EOR regulations may require any person carrying out a function under EOR regulations to have regard to guidance issued by an appropriate authority in relation to the function, failing which the function is not to be regarded as having been validly carried out.

Interaction with existing environmental assessment legislation and the Habitats Regulations

164

• (1) EOR regulations may make provision about, or in connection with, the interaction of this Part with existing environmental assessment legislation or the Habitats Regulations.

• (2) EOR regulations under this section may, in particular, include provision—

• (a) treating anything done, or omitted to be done, in relation to an environmental outcomes report as satisfying or failing to satisfy a requirement under relevant existing environmental assessment legislation or the relevant Habitats Regulations;

• (b) treating anything done, or omitted to be done, under existing environmental assessment legislation or the Habitats Regulations as satisfying or failing to satisfy a requirement imposed by or under this Part;

• (c) about the co-ordination of things done under this Part and things done under existing environmental assessment legislation or the Habitats Regulations;

• (d) disapplying or otherwise modifying any provision of relevant existing environmental assessment legislation or the relevant Habitats Regulations where preparation of an environmental outcomes report is required under this Part;

• (e) disapplying or otherwise modifying any provision of this Part or EOR regulations where something is done, or required to be done, under existing environmental assessment legislation or the Habitats Regulations.

• (3) EOR regulations under this section may amend, repeal or revoke relevant existing environmental assessment legislation.

• (4) In this section—

• “the Habitats Regulations” means— regulation 5 of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (S.I. 2001/1754); regulation 24 and Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012); regulations 27 to 37 of the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013); the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716); the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (S.R. (N.I.) 1995/380);

• “the relevant Habitats Regulations” means— in relation to EOR regulations made by the Secretary of State acting alone or jointly with one or more devolved authorities, the legislation listed in the definition of “the Habitats Regulations”; in relation to EOR regulations made by the Scottish Ministers acting alone, the legislation listed in paragraph (d) of that definition; in relation to EOR regulations made by the Welsh Ministers acting alone, the legislation listed in the definition of “the Habitats Regulations” so far as it applies in relation to Wales; in relation to EOR regulations made by a Northern Ireland department acting alone, the legislation listed in paragraph (e) of that definition.

Consequential repeal of power to make provision for environmental assessment

165

• (1) TCPA 1990 is amended as follows.

• (2) Omit section 71A (assessment of environmental effects).

• (3) In section 293A (urgent Crown development: application), in subsection (4), omit paragraph (a).

EOR regulations: further provision

166

• (1) EOR regulations may make provision about or in connection with—

• (a) the procedure to be followed in relation to anything done under this Part, including the time by which anything must be done;

• (b) who is to prepare an environmental outcomes report, including provision permitting a public authority to determine who is to do so or the qualifications or experience a person must have to do so;

• (c) requiring a public authority to assist with any assessment or monitoring under this Part;

• (d) the publication of, and consultation and public engagement in connection with, environmental outcomes reports and other relevant documents;

• (e) the information to be included in, and the content and form of, any relevant document;

• (f) the persons to whom an environmental outcomes report or other relevant document is to be given, and how it is to be given;

• (g) the collection or provision of information in connection with this Part;

• (h) the rejection of a relevant document, or information provided in connection with this Part, if it is not provided in accordance with Chapter 1 of Part 3 (planning data), including provision requiring a document or information to be rejected;

• (i) how, and to what extent, any failure to comply with a requirement imposed by or under this Part is to be taken into account by public authorities in considering, and making decisions in relation to, relevant consents or relevant plans;

• (j) appeals against, or reviews of, decisions of a public authority about matters for, or in respect of, which provision is made by EOR regulations or existing environmental assessment legislation.

• (2) EOR regulations may—

• (a) provide for the charging of fees or other charges;

• (b) confer a function, including a function involving the exercise of a discretion, on any person;

• (c) make consequential, supplementary or incidental provision under section 252(1)(c) which amends, repeals or revokes any legislation (whenever passed or made).

• (3) In subsection (2)(c) “legislation” means any provision made by or under—

• (a) an Act,

• (b) an Act or Measure of Senedd Cymru,

• (c) an Act of the Scottish Parliament,

• (d) Northern Ireland legislation, or

• (e) assimilated direct legislation.

Interpretation of Part 6

167

• (1) “Existing environmental assessment legislation” means the legislation listed in Schedule 14.

• (2) “Relevant existing environmental assessment legislation” means—

• (a) in relation to EOR regulations made by the Secretary of State acting alone or jointly with one or more devolved authorities, the legislation listed in Schedule 14;

• (b) in relation to EOR regulations made by the Scottish Ministers acting alone, the legislation listed in Part 2 of that Schedule;

• (c) in relation to EOR regulations made by the Welsh Ministers acting alone, the legislation listed in Part 3 of that Schedule;

• (d) in relation to EOR regulations made by a Northern Ireland department acting alone, the legislation listed in Part 4 of that Schedule.

• (3) In this Part—

• “appropriate authority” means— the Secretary of State, a devolved authority, or the Secretary of State acting jointly with one or more devolved authorities;

• “category 1 consent” and “category 2 consent” have the meaning given by section 154(1) and (2);

• “cultural heritage” has the meaning given by section 152(4);

• “devolved authority” means— the Scottish Ministers, the Welsh Ministers, or a Northern Ireland department;

• “environmental outcomes report” has the meaning given by section 153(4);

• “environmental protection” has the meaning given by section 152(2);

• “EOR regulations” has the meaning given by section 152(1);

• “existing environmental assessment legislation” has the meaning given by subsection (1);

• “natural environment” has the meaning given by section 152(3);

• “project” has the meaning given by section 154(9);

• “proposed”, in relation to a relevant consent or relevant plan, is to be construed in accordance with section 154(7);

• “public authority” means— any person with functions under, or functions in respect of which provision is made by, existing environmental assessment legislation when this Act is passed; any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal;

• “relevant consent” has the meaning given by section 154;

• “relevant document” means a document or information for, or in respect of, which provision is made by EOR regulations or existing environmental assessment legislation;

• “relevant existing environmental assessment legislation” has the meaning given by subsection (2);

• “relevant offshore area” means any area in— the territorial sea adjacent to the United Kingdom, any area designated by Order in Council under section 1(7) of the Continental Shelf Act 1964, or any area designated by Order in Council under section 41(3) of the Marine and Coastal Access Act 2009;

• “relevant plan” has the meaning given by section 154(6);

• “specified environmental outcome” has the meaning given by section 152(1).

Part 7 — Nutrient pollution standards

Nutrient pollution standards to apply to certain sewage disposal works

168

• (1) After section 96A of the Water Industry Act 1991 insert—