The Conservation (Natural Habitats, &c.) Regulations 1994

• (1) If they are satisfied that, there being no alternative solutions, the plan or project must be carried out for imperative reasons of overriding public interest (which, subject to paragraph (2), may be of a social or economic nature), the competent authority may agree , subject to paragraph (1A), to the plan or project notwithstanding a negative assessment of the implications for the site.

• (1A) A competent authority other than the Scottish Ministers or the Secretary of State shall consult the Scottish Ministers for the purpose of satisfying itself under paragraph (1), and shall have regard to the opinion of the Scottish Ministers.

• (2) Where the site concerned hosts a priority natural habitat type or a priority species, the reasons referred to in paragraph (1) must be either—

• (a) reasons relating to human health, public safety or beneficial consequences of primary importance to the environment, or

• (b) any other imperative reasons of overriding public interest, provided that the competent authority has had regard to the opinion of the Scottish Ministers in satisfying itself that there are such reasons.

• (3) Where a competent authority other than the Secretary of State desire to obtain , for the purposes of paragraph (2)(b), the opinion of the Scottish Ministers as to whether reasons are to be considered imperative reasons of overriding public interest, they must submit a written request to the Scottish Ministers—

• (a) identifying the matter on which an opinion is sought, and

• (b) accompanied by any documents or information which may be required.

• (4) In giving, for the purposes of paragraph (2)(b), their opinion as to whether the reasons are imperative reasons of overriding public interest, the Scottish Ministers must have regard to the national interest, and provide their opinion to the competent authority.

• (4A) Before giving, for the purposes of paragraph (2)(b), their opinion as to whether the reasons are imperative reasons of overriding public interest, the Scottish Ministers must consult the following, and have regard to their opinion—

• (a) the Joint Nature Conservation Committee;

• (b) the Secretary of State;

• (c) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

• (d) the Welsh Ministers; and

• (e) any other person the Scottish Ministers consider appropriate.

• (5) Where an authority other than the Secretary of State propose to agree to a plan or project under this regulation notwithstanding a negative assessment of the implications for the site concerned, they shall notify the Secretary of State.

Having notified the Secretary of State, they shall not agree to the plan or project before the end of the period of 21 days beginning with the day notified to them by the Secretary of State as that on which their notification was received by him, unless the Secretary of State notifies them that they may do so.

• (6) In any such case the Secretary of State may give directions to the authority prohibiting them from agreeing to the plan or project, either indefinitely or during such period as may be specified in the direction.

This power is without prejudice to any other power of the Secretary of State in relation to the decision in question.

• (7) A competent authority shall comply with any direction given to it under paragraph (6).

Review of existing decisions and consents, &c.

50

• (1) Where before the date on which a site becomes a European site or a European offshore marine site or, if later, the commencement of these Regulations, a competent authority have decided to undertake, or have given any consent, permission or other authorisation for, a plan or project to which regulation 48(1) would apply if it were to be reconsidered as of that date, the authority shall as soon as reasonably practicable, review their decision or, as the case may be, the consent, permission or other authorisation, and shall affirm, modify or revoke it.

• (2) They shall for that purpose make an appropriate assessment of the implications for the site in view of that site’s conservation objectives; and the provisions of regulation 48(2) to (4) and regulation 48A shall apply, with the appropriate modifications, in relation to such a review.

• (3) Subject to the following provisions of this Part, any review required by this regulation shall be carried out under existing statutory procedures where such procedures exist, and if none exist the Secretary of State may give directions as to the procedure to be followed.

• (4) Nothing in this regulation shall affect anything done in pursuance of the decision, or the consent, permission or other authorisation, before the date mentioned in paragraph (1).

Consideration on review

51

• (1) The following provisions apply where a decision, or a consent, permission or other authorisation, falls to be reviewed under regulation 50.

• (2) Subject as follows, the provisions of regulation 48(5) and (6) and regulation 49 shall apply, with the appropriate modifications, in relation to the decision on the review.

• (3) The decision, or the consent, permission or other authorisation, may be affirmed if it appears to the authority reviewing it that other action taken or to be taken by them, or by another authority, will secure that the plan or project does not adversely affect the integrity of the site.

Where that object may be attained in a number of ways, the authority or authorities concerned shall seek to secure that the action taken is the least onerous to those affected.

• (4) The Secretary of State may issue guidance to authorities for the purposes of paragraph (3) as to the manner of determining which of different ways should be adopted for securing that the plan or project does not have any such effect, and in particular–

• (a) the order of application of different controls, and

• (b) the extent to which account should be taken of the possible exercise of other powers;

and the authorities concerned shall have regard to any guidance so issued in discharging their functions under that paragraph.

• (5) Any modification or revocation effected in pursuance of this regulation shall be carried out under existing statutory procedures where such procedures exist.

If none exist, the Secretary of State may give directions as to the procedure to be followed.

Co–ordination where more than one competent authority involved

52

• (1) The following provisions apply where a plan or project–

• (a) is undertaken by more than one competent authority,

• (b) requires the consent, permission or other authorisation of more than one competent authority, or

• (c) is undertaken by one or more competent authorities and requires the consent, permission or other authorisation of one or more other competent authorities.

• (2) Subject to regulation 48A, Nothing in regulation 48(1) or 50(2) requires a competent authority to assess any implications of a plan or project which would be more appropriately assessed under that provision by another competent authority.

• (3) The Secretary of State may issue guidance to authorities for the purposes of regulations 48 to 51 as to the circumstances in which an authority may or should adopt the reasoning or conclusions of another competent authority as to whether a plan or project–

• (a) is likely to have a significant effect on a European site or a European offshore marine site, or

• (b) will adversely affect the integrity of a European site or a European offshore marine site;

and the authorities involved shall have regard to any guidance so issued in discharging their functions under those regulations.

• (4) In determining whether a plan or project should be agreed to under regulation 49(1) (considerations of overriding public interest) a competent authority other than the Secretary of State shall seek and have regard to the views of the other competent authority or authorities involved.

Compensatory measures

53

Where in accordance with regulation 49 (considerations of overriding public interest)–

• (a) a plan or project is agreed to, notwithstanding a negative assessment of the implications for a European site or European offshore marine site, or

• (b) a decision, or a consent, permission or other authorisation, is affirmed on review, notwithstanding such an assessment,

the Secretary of State shall secure that any necessary compensatory measures are taken to ensure that the overall coherence of Natura 2000 is protected.

Planning

Grant of planning permission

54

• (1) Regulations 48 and 49 (requirement to consider effect on European sites in Great Britain and European offshore marine sites) apply, in England and Wales, in relation to—

• (a) granting planning permission on an application under Part III of the Town and Country Planning Act 1990²⁰;

• (b) granting planning permission, or upholding a decision of the local planning authority to grant planning permission (whether or not subject to the same conditions and limitations as those imposed by the local planning authority), on determining an appeal under section 78²¹ of that Act in respect of such an application;

• (c) granting planning permission under—

• (i) section 141(2)(a) of that Act (action by Secretary of State in relation to purchase notice),

• (ii) section 177(1)(a)²² of that Act (powers of Secretary of State on appeal against enforcement notice), or

• (iii) section 196(5)²³ of that Act as originally enacted (powers of Secretary of State on reference or appeal as to established use certificate);

• (d) directing under section 90(1), (2) or (2A)²⁴ of that Act (development with government authorisation), or under section 5(1) of the Pipe–lines Act 1962²⁵, that planning permission shall be deemed to be granted;

• (e) making—

• (i) an order under section 102²⁶ of that Act (order requiring discontinuance of use or removal of buildings or works), including an order made under that section by virtue of section 104 (powers of Secretary of State), which grants planning permission, or

• (ii) an order under paragraph 1 of Schedule 9²⁷ to that Act (order requiring discontinuance of mineral working), including an order made under that paragraph by virtue of paragraph 11 of that Schedule (default powers of Secretary of State), which grants planning permission,

or confirming any such order under section 103 of that Act;

• (f) directing under—

• (i) section 141(3) of that Act (action by Secretary of State in relation to purchase notice), or

• (ii) section 35(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990²⁸ (action by Secretary of State in relation to listed building purchase notice),

that if an application is made for planning permission it shall be granted.

• (2) Regulations 48 and 49 (requirement to consider effect on European sites in Great Britain and European offshore marine sites) apply, in Scotland, in relation to–

• (a) granting planning permission on an application under Part III of the Town and Country Planning (Scotland) Act 1972²⁹;

• (b) granting planning permission, or upholding a decision of the planning authority to grant planning permission (whether or not subject to the same conditions and limitations as those imposed by the local planning authority), on determining an appeal under section 33 (appeals) of that Act in respect of such an application;

• (c) granting planning permission under—

• (i) section 172(2) of that Act (action by Secretary of State in relation to purchase notice),

• (ii) section 85(5)³⁰ of that Act (powers of Secretary of State on appeal against enforcement notice), or

• (iii) section 91(3)³¹ of that Act as originally enacted (powers of Secretary of State on reference or appeal as to established use certificate);

• (d) directing under section 37(1)³² (development with government authorisation) of that Act, or under ... that planning permission shall be deemed to be granted;

• (e) making an order under section 49³³ of that Act (order requiring discontinuance of use or removal of buildings or works), including an order made under that section by virtue of section 260 (default powers of Secretary of State), which grants planning permission, or confirming any such order;

• (f) directing under—

• (i) section 172(3) of that Act (powers of Secretary of State in relation to purchase notice), or

• (ii) paragraph 2(6) of Schedule 17 to that Act (powers of Secretary of State in relation to listed building purchase notice),

that if an application is made for planning permission it shall be granted.

• (3) Where regulations 48 and 49 apply, the competent authority may, if they consider that any adverse effects of the plan or project on the integrity of a European site or European offshore marine site would be avoided if the planning permission were subject to conditions or limitations, grant planning permission or, as the case may be, take action which results in planning permission being granted or deemed to be granted subject to those conditions or limitations.

• (4) Where regulations 48 and 49 apply, planning permission in principle shall not be granted unless the competent authority are satisfied (whether by reason of the conditions and limitations to which the planning permission in principle is to be made subject, or otherwise) that no development likely adversely to affect the integrity of a European site or European offshore marine site could be carried out under the permission, whether before or after obtaining any approval, consent or agreement required by a condition imposed on the grant of the permission.

In this paragraph “planning permission in principle” has the same meaning as in section 59 of the Town and Country Planning (Scotland) Act 1997.

Planning permission: duty to review

55

• (1) Subject to the following provisions of this regulation, regulations 50 and 51 (requirement to review certain decisions and consents, &c.) apply to any planning permission or deemed planning permission, unless–

• (a) the development to which it related has been completed, or

• (b) it was granted subject to a condition as to the time within which the development to which it related was to be begun and that time has expired without the development having been begun, or

• (c) it was granted for a limited period and that period has expired.

• (2) Regulations 50 and 51 do not apply to planning permission granted or deemed to have been granted–

• (a) by a development order (but see regulations 60 to 64 below);

• (b) by virtue of the adoption of a simplified planning zone scheme or of alterations to such a scheme (but see regulation 65 below);

• (c) by virtue of the taking effect of an order designating an enterprise zone under Schedule 32 to the Local Government, Planning and Land Act 1980³⁴, or by virtue of the approval of a modified enterprise zone scheme (but see regulation 66 below).

• (3) Planning permission deemed to be granted by virtue of–

• (a) a direction under section 90(1) of the Town and Country Planning Act 1990 or section 37(1) of the Town and Country Planning (Scotland) Act 1972 in respect of development for which an authorisation has been granted under section 1 or 3 of the Pipe–lines Act 1962³⁵,

• (b) a direction under section 5(1) of the Pipe–lines Act 1962,

• (c) a direction under section 90(1) of the Town and Country Planning Act 1990 or section 37(1) of the Town and Country Planning (Scotland) Act 1972 in respect of development for which a consent has been given under section 36 or 37 of the Electricity Act 1989,

• (d) a direction under section 90(2) of the Town and Country Planning Act 1990 or paragraph 7 of Schedule 8 to the Electricty Act 1989, or

• (e) a direction under section 90(2A) of the Town and Country Planning Act 1990 (which relates to development in pursuance of an order under section 1 or 3 of the Transport and Works Act 1992³⁶),

shall be reviewed in accordance with the following provisions of this Part in conjunction with the review of the underlying authorisation, consent or order.

• (4) In the case of planning permission deemed to have been granted in any other case by a direction under section 90(1) of the Town and Country Planning Act 1990 or section 37(1) of the Town and Country Planning (Scotland) Act 1972, the local planning authority shall–

• (a) identify any such permission which they consider falls to be reviewed under regulations 50 and 51, and

• (b) refer the matter to the government department which made the direction;

and the department shall, if it aggrees that the planning permission does fall to be so reviewed, thereupon review the direction in accordance with those regulations.

• (5) Save as otherwise expressly provided, regulations 50 and 51 do not apply to planning permission granted or deemed to be granted by a public general Act of Parliament.

• (6) Subject to paragraphs (3) and (4), where planning permission granted by the Secretary of State falls to be reviewed under regulations 50 and 51–

• (a) it shall be reviewed by the local planning authority, and

• (b) the power conferred by section 97 of the Town and Country Planning Act 1990 or section 42 of the Town and Country Planning (Scotland) Act 1972 (revocation or modification of planning permission) shall be exercisable by that authority as in relation to planning permission granted on an application under Part III of that Act.

In a non–metropolitan county in England ... the function of reviewing any such planning permission shall be exercised by the district planning authority unless it relates to a county matter (within the meaning of Schedule 1 to the Town and Country Planning Act 1990) in which case it shall be exercised by the county planning authority.

Planning permission: consideration on review

56

• (1) In reviewing any planning permission or deemed planning permission in pursuance of regulations 50 and 51, the competent authority shall, in England and Wales–

• (a) consider whether any adverse effects could be overcome by planning obligations under section 106³⁷ of the Town and Country Planning Act 1990 being entered into, and

• (b) if they consider that those effects could be so overcome, invite those concerned to enter into such obligations;

and so far as the adverse effects are not thus overcome the authority shall make such order under section 97 of that Act (power to revoke or modify planning permission), or under section 102 of or paragraph 1 of Schedule 9 to that Act (order requiring discontinuance of use, &c.), as may be required.

• (2) In reviewing any planning permission or deemed planning permission in pursuance of regulations 50 and 51, the competent authority shall, in Scotland–

• (a) consider whether any adverse effects could be overcome by an agreement under section 50 (agreements regulating development or use of land) of the Town and Country Planning (Scotland) Act 1972 being entered into, and

• (b) if they consider that those effects could be so overcome, invite those concerned to enter into such an agreement;

and so far as the adverse effects are not thus overcome, the authority shall make such order under section 42 of that Act³⁸ (power to revoke or modify planning permission), or under section 49 of that Act³⁹ (orders requiring discontinuance of use, &c.) as may be required.

• (3) Where the authority ascertain that the carrying out or, as the case may be, the continuation of the development would adversely affect the integrity of a European site or European offshore marine site, they nevertheless need not proceed under regulations 50 and 51 if and so long as they consider that there is no likelihood of the development being carried out or continued.

Effect of orders made on review: England and Wales

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of orders made on review: Scotland

58

• (1) An order under section 42 of the Town and Country Planning (Scotland) Act 1972 (power to revoke or modify planning permission) made pursuant to regulation 55 shall take effect upon service of the notices required by subsection (3) of that section or, where there is more than one such notice and those notices are served at different times, upon the service of the last such notice to be served.

• (2) Where the Secretary of State determines not to confirm such an order, the order shall cease to have effect from the time of that determination, and the permission revoked or modified by the order shall thereafter have effect as if the order had never been made, and–

• (a) any period specified in the permission for the taking of any action, being a period which had not expired prior to the date upon which the order took effect under paragraph (1) above, shall be extended by a period equal to that during which the order had effect; and

• (b) there shall be substituted for any date specified in the permission as being a date by which any action should be taken, not being a date falling prior to that date upon which the order took effect under paragraph (1) above, such date as post– dates the specified date by a period equal to that during which the order had effect.

• (3) An order under section 49 of the Town and Country Planning (Scotland) Act 1972 (order requiring discontinuance of use, &c.) made pursuant to regulation 55 shall, insofar as it requires the discontinuance of a use of land or imposes conditions upon the continuance of a use of land, take effect upon service of the notices required by subsection (5) of that section or, where there is more than one such notice and those notices are served at different times, upon service of the last such notice to be served.

• (4) Where the Secretary of State determines not to confirm any such order, the order shall cease to have effect from the time of that determination and the use which by the order was discontinued or upon whose continuance conditions were imposed–

• (a) may thereafter be continued as if the order had never been made, and

• (b) shall be treated for the purposes of the Town and Country Planning (Scotland) Act 1972 as if it had continued without interruption throughout the period during which the order had effect.

• (5) An order under section 42 of that Act (power to modify or revoke planning permission) made in pursuance of regulation 55 shall not affect so much of the development authorised by the permission as was carried out prior to the site becoming a European site or, if later, the commencement of these Regulations.

• (6) An order under section 49 of that Act (order requiring discontinuance of use, &c.) made in pursuance of regulation 55 above shall not affect any use made of the land prior to the site becoming a European site or European offshore marine site or, if later, the commencement of these Regulations.

Planning permission: supplementary provisions as to compensation

59

–

• (1) Where the Secretary of State determines not to confirm–

• (a) an order under section 97 of the Town and Country Planning Act 1990 (revocation or modification of planning permission) which has taken effect under regulation 57(1), or

• (b) an order under section 42 of the Town and Country Planning (Scotland) Act 1972 (revocation or modification of planning permission) which has taken effect under regulation 58(1),

and claim for compensation under section 107 of the Act of 1990 or section 153 of the Act of 1972 shall be limited to any loss or damage directly attributable to the permission being suspended or temporarily modified for the duration of the period between the order so taking effect and the Secretary of State determining not to confirm the order.

• (2) Where the Secretary of State determines not to confirm–

• (a) an order under section 102 of the Town and Country Planning Act 1990 (order requiring discontinuance of use, &c.) which has taken effect under regulation 57(3) above, or

• (b) an order under section 49 of the Town and Country Planning (Scotland) Act 1972 (order requiring discontinuance of use, &c.) which has taken effect under regulation 58(3) above,

any claim for compensation under section 115 of the Act of 1990 or section 159 of the Act of 1972 shall be limited to any loss or damage directly attributable to any right to continue a use of the land being, by virtue of the order, suspended or subject to conditions for the duration of the period between the order so taking effect and the Secretary of State determining not to confirm the order.

• (3) Where compensation is payable in respect of–

• (a) an order under section 97 of the Town and Country Planning Act 1990, or

• (b) any order mentioned in section 115(1) of that Act (compensation in respect of orders under s.102, &c.), or to which that section applies by virtue of section 115(5),

and the order has been made pursuant to regulation 50, the question as to the amount of the compensation shall be referred, by the authority liable to pay the compensation, to and be determined by the Upper Tribunal unless and to the extent that in any particular case the Secretary of State has indicated in writing that such a reference and determination may be dispensed with.

• (4) Where compensation is payable in respect of–

• (a) an order under section 42 of the Town and Country Planning (Scotland) Act 1972 (revocation or modification of planning permission), or

• (b) any order mentioned in section 153(1) of that Act (compensation in respect of orders under s.49),

and the order has been made pursuant to regulation 50, the question as to the amount of the compensation shall be referred, by the authority liable to pay the compensation, to and be determined by the Lands Tribunal for Scotland unless and to the extent that in any particular case the Secretary of State has indicated in writing that such a reference and determination may be dispensed with.

General development orders

60

• (1) It shall be a condition of any planning permission granted by a general development order, whether made before or after the commencement of these Regulations, that development which–

• (a) is likely to have a significant effect on a European site in Great Britian or a European offshore marine site (either alone or in combination with other plans or projects), and

• (b) is not directly connected with or necessary to the management of the site,

shall not be begun until the developer has received written notification of the approval of the local planning authority under regulation 62.

• (2) It shall be a condition of any planning permission granted by a general development order made before the commencement of these Regulations that development which–

• (a) is likely to have a significant effect on a European site in Great Britain (either alone or in combination with other plans or projects), and

• (b) is not directly connected with or necessary to the management of the site,

and which was begun but not completed before the commencement of these Regulations, shall not be continued until the developer has received written notification of the approval of the local planning authority under regulation 62.

• (3) Nothing in this regulation shall affect anything done before the commencement of these Regulations.

General development orders: opinion of appropriate nature conservation body

61

• (1) Where it is intended to carry out development in reliance on the permission granted by a general development order, application may be made in writing to the appropriate nature conservation body for their opinion whether the development is likely to have such an effect as is mentioned in regulation 60(1)(a) or (2)(a).

The application shall give details of the development which is intended to be carried out.

• (2) On receiving such an application, the appropriate nature conservation body shall consider whether the development is likely to have such an effect.

• (3) Where they consider that they have sufficient information to conclude that the development will, or will not, have such an effect, they shall in writing notify the applicant and the local planning authority of their opinion.

• (4) If they consider that they have insufficient information to reach either of those conclusions, they shall notify the applicant in writing indicating in what respects they consider the information insufficient; and the applicant may supply further information with a view to enabling them to reach a decision on the application.

• (5) The opinion of the appropriate nature conservation body, notified in accordance with paragraph (3), that the development is not likely to have such an effect as is mentioned in regulation 60(1)(a) or (2)(a) shall be conclusive of that question for the purpose of reliance on the planning permission granted by a general development order.

General development orders: approval of local planning authority

62

• (1) Where it is intended to carry out development in reliance upon the permission granted by a general development order, application may be made in writing to the local planning authority for their approval.

• (2) The application shall–

• (a) give details of the development which is intended to be carried out; and

• (b) be accompanied by–

• (i) a copy of any relevant notification by the appropriate nature conservation body under regulation 61, and

• (ii) any fee required to be paid.

• (3) For the purposes of their consideration of the application the local planning authority shall assume that the development is likely to have such an effect as is mentioned in regulation 60(1)(a) or (2)(a).

• (4) The authority shall send a copy of the application to the appropriate nature conservation body and shall take account of any representations made by them.

• (5) If in their representations the appropriate nature conservation body state their opinion that the development is not likely to have such an effect as is mentioned in regulation 60(1)(a) or (2)(a), the local planning authority shall send a copy of the representations to the applicant; and the sending of that copy shall have the same effect as a notification by the appropriate nature conservation body of its opinion under regulation 61(3).

• (6) In any other case in which the application has been sent to the appropriate nature conservation body, the local planning authority shall, taking account of any representations made by the appropriate nature conservation body, make an appropriate assessment of the implications of the development for the European site or European offshore marine site in view of that site’s conservation objectives.

In the light of the conclusions of the assessment the authority shall approve the development only after having ascertained that it will not adversely affect the integrity of the site.

General development orders: supplementary

63

• (1) The local planning authority for the purposes of regulations 60 to 62 shall be the authority to whom an application for approval under regulation 62 would fall to be made if it were an application for planning permission.

• (2) The fee payable in connection with an application for such approval is–

• (a) £25 in the case of applications made before 3rd January 1995, and

• (b) £30 in the case of applications made on or after that date.

• (3) Approval required by regulation 60 shall be treated–

• (a) for the purposes of the provisions of the Town and Country Planning Act 1990⁴⁰, or the Town and Country Planning (Scotland) Act 1972⁴¹, relating to appeals, as approval required by a condition imposed on a grant of planning permission; and

• (b) for the purposes of the provisions of any general development order relating to the time within which notice of a decision should be made, as approval required by a condition attached to a grant of planning permission.

Special development orders

64

• (1) A special development order made after the commencement of these Regulations may not grant planning permission for development which–

• (a) is likely to have a significant effect on a European site in Great Britain (either alone or in combination with other plans or projects), and

• (b) is not directly connected with or necessary to the management of the site;

and any such order made before the commencement of these Regulations shall, on and after that date, cease to have effect to grant such permission, whether or not the development authorised by the permission has been begun.

• (2) Nothing in paragraph (1) shall affect anything done before the commencement of these Regulations.

• (3) A special development order made on or after 21st August 2007 may not grant planning permission for development which is likely to have a significant effect on a European offshore marine site (either alone or in combination with other plans or projects).

Simplified planning zones

65

The adoption or approval of a simplified planning zone scheme after the commencement of these Regulations shall not have effect to grant planning permission for development which–

• (a) is likely to have a significant effect on a European site in Great Britain (either alone or in combination with other plans or projects), and

• (b) is not directly connected with or necessary to the management of the site;

and every simplified planning zone scheme already in force shall cease to have effect to grant such permission, whether or not the development authorised by the permission has been begun.

Enterprise zones

66

An order designating an enterprise zone, or the approval of a modified scheme, if made or given after the commencement of these Regulations, shall not have effect to grant planning permission for development which–

• (a) is likely to have a significant effect on a European site in Great Britain (either alone or in combination with other plans or projects), and

• (b) is not directly connected with or necessary to the management of the site;

and where the order or approval was made or given before that date, the permission granted by virtue of the taking effect of the order or the modifications shall, from that date, cease to have effect to grant planning permission for such development, whether or not the development authorised by the permission has been begun.

Simplified planning zones and enterprise zones: supplementary provisions as to compensation

67

• (1) Where in England and Wales–

• (a) planning permission is withdrawn by regulation 65 or 66, and

• (b) development authorised by the permission had been begun but not completed before the commencement of these Regulations, and

• (c) on an application made under Part III of the Town and Country Planning Act 1990 before the end of the period of 12 months beginning with the date of commencement of these Regulations, planning permission for the development is refused or is granted subject to conditions other than those imposed by the scheme,

section 107(1)(a) of that Act (compensation in repsect of abortive expenditure) shall apply as if the permission granted by the scheme had been granted by the local planning authority under Part III of that Act and had been revoked or modified by an order under section 97 of that Act.

• (2) Where in Scotland–

• (a) planning permission is withdrawn by regulation 65 or 66, and

• (b) development authorised by the permission had been begun but not completed before the commencement of these Regulations, and

• (c) on an application made under Part III of the Town and Country Planning (Scotland) Act 1972 before the end of the period of 12 months beginning with the date of commencement of these Regulations, planning permission for the development is refused or is granted subject to conditions other than those imposed by the scheme,

section 153(1)(a) of that Act (compensation in respect of abortive expenditure) shall apply as if the permission granted by the scheme had been granted by the local planning authority under Part III of that Act and had been revoked or modified by an order under section 42 of that Act.

• (3) Paragraphs (1) and (2) above do not apply in relation to planning permission for the development of operational land by statutory undertakers.

Construction as one with planning legislation

68

• (1) Regulations 54 to 67 shall be construed—

• (a) in England and Wales, as one with the Town and Country Planning Act 1990; and

• (b) in Scotland, as one with the Town and Country Planning (Scotland) Act 1997.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Highways and roads

Construction or improvement of highways or roads

69

• (1) Regulations 48 and 49 (requirement to consider effect on European sites in Great Britain and European offshore marine sites) apply in relation to any plan or project–

• (a) by the Secretary of State–

• (i) to construct a new highway or to improve, within the meaning of the Highways Act 1980⁴², an existing highway, or

• (ii) to contruct a new road or to improve, within the meaning of the Roads (Scotland) Act 1984⁴³, an existing road; or

• (b) by a local highway authority or local roads authority, to carry out within the boundaries of a road any works required for the improvement of the road.

• (2) Regulations 50 and 51 (requirement to review certain decisions and consents, &c.) apply to any such plan or project as is mentioned in paragraph (1) unless the works have been completed before the site became a European site or European offshore marine site or, if later, the commencement of these Regulations.

Cycle tracks and other ancillary works

70

As from the commencement of these Regulations, section 3(10) of the Cycle Tracks Act 1984⁴⁴ and section 152(4) of the Roads (Scotland) Act 1984 shall cease to have effect to deem planning permission to be granted for development which–

• (a) is likely to have a significant effect on a European site in Great Britain (either alone or in combination with other plans or projects), and

• (b) is not directly connected with or necessary to the management of the site,

whether or not the development authorised by the permission has been begun.

Electricity

Consents under Electricity Act 1989: application of general requirements

71

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consents under the Electricity Act 1989: procedure on review

72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consents under Electricity Act 1989: effect of review

73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consents under Electricity Act 1989: compensation for revocation or variation

74

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pipe–lines

Authorisations under the Pipe–lines Act 1962: application of general requirements

75

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisations under the Pipe–lines Act 1962: procedure on review

76

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisations under the Pipe–lines Act 1962: effect of review

77

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisations under the Pipe–lines Act 1962: compensation for revocation or variation

78

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transport and works

Orders under the Transport and Works Act 1992: application of general requirements

79

• (1) Regulations 48 and 49 (requirement to consider effect on Europeamn site) apply in relation to the making of an order under section 1 or 3 of the Transport and Works Act 1992⁴⁵.

• (2) Where in such a case the Secretary of State considers that any adverse effects of the plan or project on the integrity of a European site would be avoided by making modifications to the proposals, he may make an order subject to those modifications.

• (3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to an order under section 1 or 3 of the Transport and Works Act 1992 unless the works to which the order relates have been completed before the site became a European site.

• (4) Where on the review of such an order the Secretary of State considers that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of the plan or project would be avoided by a variation of the order, he may vary it accordingly.

• (5) In conjunction with the review of any such order the Secretary of State shall review any direction deeming planning permission to be granted for the plan or project and may vary or revoke it.

Orders under the Transport and Works Act 1992: procedure on review

80

• (1) Where the Secretary of State decides in pursuance of regulation 79 to revoke or vary an order the Transport and Works Act 1992, or a direction deeming planning permission to be granted, he shall serve notice on–

• (a) the person (if any) on whose application the order was made or, as the case may be, in whose favour the direction was made, and

• (b) any other person who in his opinion will be affected by the revocation or variation,

informing them of the decision and specifying a period of not less than 28 days within which any person on whom the notice is served may make representations to him.

• (2) The Secretary of State shall also serve notice on–

• (a) the local planning authority, and

• (b) the appropriate nature conservation body,

informing them of the decision and inviting their representations within the specified period.

• (3) The Secretary of State shall consider whether to proceed with the revocation or variation, and shall have regard to any representations made to him in accordance with paragraph (1) or (2).

• (4) If within the specified period a person on whom notice was served under paragraph (1), or the local planning authority, so requires, the Secretary of State shall before deciding whether to proceed with the revocation or variation of the order or direction give—

• (a) to them,

• (b) to any other person on whom notice under paragraph (1) and (2) was required to be served,

an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

Order under the Transport and Works Act 1992: effect of review

81

• (1) The revocation or variation pursuant to regulation 79 of an order under the Transport and Works Act 1992, or of a direction deeming planning permission to be granted, shall take effect upon service of the notices required by regulation 80(1) or, where there is more than one such notice and those notices are served at different times, upon the service of the last notice to be served.

• (2) Where the Secretary of State decides not to proceed with the revocation or variation, the order or direction shall have effect again from the time of that decision, and shall thereafter have effect as if–

• (a) any period specified in the order or direction for the taking of any action, being a period which had not expired prior to the date mentioned in paragraph (1), were extended by a period equal to that during which the revocation or variation had effect; and

• (b) there were substituted for any date specified in the order or direction as being a date by which any action should be taken, not being a date falling prior to that date mentioned in paragraph (1), such date as post–dates the specified date by a period equal to that during which the revocation or variation had effect.

• (3) The revocation or variation pursuant to regulation 79 of an order under section 1 or 3 of the Transport and Works Act 1992, or of a direction deeming planning permission to be granted, shall not affect anything done under the order or direction prior to the revocation or variation taking effect.

Orders under the Transport and Works Act 1992: compensation for revocation or variation

82

• (1) Where a direction deeming planning permission to be granted is revoked or varied pursuant to regulation 79, that permission shall be treated for the purposes of Part IV of the Town and Country Planning Act 1990 (compensation) as having been revoked or modified by order under section 97 of that Act.

• (2) Where an order under section 1 or 3 of the Transport and Works Act 1992 is revoked or varied pursuant to regulation 79, Part IV of the Town and Country Planning Act 1990 shall apply as if–

• (a) the order had been planning permission granted on an application under that Act and had been revoked or modified by order under section 97 of that Act; and

• (b) that Part provided that the Secretary of State was the person liable to pay any compensation provided for by that Part.

This paragraph shall not have effect to confer any right to compensation for any expenditure, loss or damage for which compensation is payable by virtue of paragraph (1) above.

• (3) Where the Secretary of State decides not to proceed with the revocation or variation of an order under section 1 or 3 of the Transport and Works Act 1992, or a direction deeming planning permission to be granted, any claim for compensation by virtue of this regulation shall be limited to any loss or damage directly attributable to the order or direction ceasing to have effect or being varied for the duration of the period between the revocation or variation taking effect under regulation 81(1) and the Secretary of State deciding not to proceed with it.

• (4) Where compensation is payable by virtue of this regulation, the question as to the amount of the compensation shall be referred to and determined by the Upper Tribunal unless and to the extent that in any particular case the Secretary of State has indicated in writing that such a reference and determination may be dispensed with.

Environmental controls

Authorisations under Part I of the Environmental Protection Act 1990

83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Licences under Part II of the Environmental Protection Act 1990

84

• (1) Regulations 48 and 49 (requirement to consider effect on European sites in Great Britain and European offshore marine sites) apply in relation to—

• (a) the grant of a permit or registration under regulations 18 (grant of registration) or 23 (grant of permit),

• (b) the variation of a permit or registration in accordance with regulation 19 (variation of registrations) or 25 (variation of permits), or a partial variation under paragraph 15(3) (notice of surrender) of schedule 1 (registrations and permits: procedures),

• (c) the determination of an appeal under regulation 56 (determination of appeals) in relation against a decision of the Scottish Environmental Protection Agency in relation to the grant or variation of a permit or registration,

of the Environmental Authorisation (Scotland) Regulations 2018 (the “2018 Regulations”).

• (2) Where, in a case referred to in paragraph (1), the competent authority consider that any adverse effects of the plan or project on the integrity of a European site or European offshore marine site would be avoided by making any permit or registration subject to conditions, they may grant a permit or registration, or vary a permit or registration subject to those conditions.

• (3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any permit or registration under the 2018 Regulations.

• (4) Where on the review of a permit or registration the competent authority consider that any adverse effects on the integrity of a European site or European offshore marine site of the carrying out or, as the case may be, the continuation of the activities authorised by it would be avoided by a variation of the permit or registration, they may vary it, or cause it to be varied accordingly.

Discharge consents under water pollution legislation

85

• (1) Regulations 48 and 49 (requirement to consider effect on European site) apply in relation to the giving of consent under—

• (a) Chapter II of Part III to the Water Resources Act 1991⁴⁶ (control of pollution of water resources), ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site would be avoided by making any consent subject to conditions, they may give consent, or cause it to be given, subject to those conditions.

• (3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such consent as is mentioned in paragraph (1).

• (4) Where on the review of such a consent the competent authority consider that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of the activities authorised by it would be avoided by a variation of the consent, they may vary it, or cause it to be varied, accordingly.

PART V — SUPPLEMENTARY PROVISIONS

Supplementary provisions as to management agreements

Powers of limited owners, &c. to enter into management agreements

86

• (1) In the case of settled land in England and Wales–

• (a) the tenant for life may enter into a management agreement relating to the land, or any part of it, either for consideration or gratuitously;

• (b) the Settled Land Act 1925⁴⁷ shall apply as if the power conferred by sub– paragraph (a) had been conferred by that Act; and

• (c) for the purposes of section 72 of that Act (which relates to the mode of giving effect to a disposition by a tenant for life and to the operation thereof), and of any other relevant statutory provision, entering into a management agreement shall be treated as a disposition.

The above provisions of this paragraph shall be construed as one with the Settled Land Act 1925.

• (2) Section 28 of the Law of Property Act 1925⁴⁸ (which confers the powers of a tenant for life on trustees for sale) shall apply as if the power of a tenant for life under paragraph (1)(a) above had been conferred by the Settled Land Act 1925.

• (3) A university or college to which the Universities and College Estates Act 1925⁴⁹ applies may enter into a management agreement relating to any land belonging to it in England and Wales either for consideration or gratuitously.

That Act shall apply as if the power conferred by this paragraph had been conferred by that Act.

• (4) In the case of glebe land or other land belonging to an ecclesiastical benefice–

• (a) the incumbent of the benefice, and

• (b) in the case of land which is part of the endowment of any other ecclesiastical corporation, the corporation,

may with the consent of the Church Commissioners enter into a management agreement either for consideration or gratuitously.

• The Ecclesiastical Leasing Acts shall apply as if the power conferred by this paragraph had been conferred by those Acts, except that the consent of the patron of an ecclesiastical benefice shall not be requisite.

• (5) In the case of any land in Scotland, any person being–

• (a) the liferenter, or

• (b) the heir of entail,

in possession of the land shall have power to enter into a management agreement relating to the land or any part of it.

• (6) The Trusts (Scotland) Act 1921⁵⁰ shall have effect as if among the powers conferred on trustees by section 4 of that Act (which relates to the general powers of trustees) there were included a power to enter into management agreements relating to the trust estate or any part of it.

Supplementary provisions as to potentially damaging operations

Carrying out of operation after expiry of period

87

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of agriculture Ministers with respect to European sites

88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments under certain agreements offered by authorities

89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of entry

90

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compensation: amount and assessment

91

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compensation: other supplementary provisions

92

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compensation: procedural provisions

93

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions as to byelaws

Procedure for making byelaws, penalties, &c.

94

• (1) Sections 236 to 238 of the Local Government Act 1972⁵¹ or sections 201 to 204 of the Local Government (Scotland) Act 1973⁵² (procedure, &c. for byelaws; offences against byelaws; evidence of byelaws) apply to all byelaws made under section 20 of the National Parks and Access to the Countryside Act 1949⁵³ as it applies by virtue of regulation 28 as if the appropriate nature conservation body were a local authority within the meaning of that Act.

• (2) In relation to byelaws so made the confirming authority for the purposes of the said section 236 or section 201 shall be the Secretary of State.

• (3) The appropriate nature conservation body shall have power to enforce byelaws made by them:

Provided that nothing in this paragraph shall be construed as authorising the institution of proceedings in Scotland for an offence.

Powers of entry

95

• (1) For the purpose of surveying land, or of estimating its value, in connection with any claim for compensation payable under regulation 30 in respect of that or any other land, an officer of the Valuation Office or person duly authorised in writing by the authority from whom the compensation is claimed may enter upon the land.

• (2) A person authorised under this regulation to enter upon any land shall, if so required, produce evidence of his authority before entering.

• (3) A person shall not under this regulation demand admission as of right to any land which is occupied unless at least 14 days' notice in writing of the intended entry has been given to the occupier.

• (4) A person who intentionally obstructs a person in the exercise of his powers under this regulation commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Compensation: England and Wales

96

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compensation: Scotland

97

• (1) The following provisions have effect as to compensation under regulation 30 (compensation for effect of byelaws) in respect of land in Scotland.

• (2) Any dispute arising on a claim for any such compensation shall be determined by the Lands Tribunal for Scotland.

• (3) For the purposes of any such reference to the Lands Tribunal for Scotland section 8 of the Land Compensation (Scotland) Act 1963 (which relates to expenses) has effect with the substitution for references to the acquiring authority, of references to the authority from whom the compensation in question is claimed.

• (4) Rules (2) to (4) of the Rules set out in section 12 of that Act (which provides rules for valuation on a compulsory acquisition) apply to the calculation of any such compensation, in so far as it is calculated by reference to the depreciation of the value of an interest in land.

• (5) In the case of an interest in land subject to a heritable security–

• (a) any such compensation in respect of the depreciation of that interest shall be calculated as if the interest were not subject to the heritable security;

• (b) a claim or application for the payment of any such compensation may be made by any person who when the byelaws giving rise to the compensation were made was the creditor in a heritable security of the interest, or by any person claiming under such a person, but without prejudice to the making of a claim or application by any other person;

• (c) a creditor in a heritable security shall not be entitled to any such compensation in respect of his interest as such; and

• (d) any compensation payable in respect of the interest subject to the heritable security shall be paid to the creditor or, where there is more than one creditor in a heritable security, to the creditor whose heritable security has priority over any other heritable securities secured on the land, and shall in either case be applied by him as if it were proceeds of sale.

Supplementary provisions as to compulsory acquisition

Supplementary provisions as to acquisition of land

98

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of entry

99

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions as to protection of species

Attempts and possession of means of committing offence

100

• (1) A person who attempts to commit an offence under Part III of these Regulations is guilty of an offence and punishable in like manner as for that offence.

• (2) A person who, for the purposes of committing an offence under Part III of these Regulations, has in his possession anything capable of being used for committing the offence is guilty of an offence and punishable in like manner as for that offence.

• (3) References below to an offence under Part III include an offence under this regulation.

Enforcement

101

• (1) If a constable suspects with reasonable cause that any person is committing or has committed an offence under Part III of these Regulations, the constable may without warrant—

• (a) stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;

• (b) search for, search or examine any thing which that person may then be using or may have used, or may have or have had in his possession, if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found in or on that thing;

• (ba) arrest that person;

• (c) seize and detain for the purposes of proceedings under that Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under regulation 103.

• (2) If a constable suspects with reasonable cause that any person is committing or has committed an offence under Part III of these Regulations, he may, for the purposes of exercising the powers conferred by paragraph (1) or arresting a person in accordance with section 25 of the Police and Criminal Evidence Act 1984⁵⁴ for such an offence, enter any land other than a dwelling or lockfast premises.

• (3) If a justice of the peace is satisfied by evidence on oath that there are reasonable grounds for suspecting that an offence under regulation 39, 41 or 43 has been committed and that evidence of the offence may be found on any premises, he may grant a warrant to any constable to enter those premises, if necessary using reasonable force, and search them for the purpose of obtaining that evidence.

In the application of this paragraph to Scotland, the reference to a justice of the peace includes a sheriff.

• (4) A warrant under paragraph (3) continues in force until the purpose for which the entry is required has been satisfied or, if earlier, the expiry of such period as the warrant may specify.

• (5) A constable authorised by virtue of this regulation to enter any land must, if required to do so by the occupier or anyone acting on the occupier’s behalf, produce evidence of the constable’s authority.

• (6) A constable who enters any land in the exercise of a power conferred by this regulation—

• (a) may—

• (i) be accompanied by any other persons; and

• (ii) take any machinery, other equipment or materials on to the land,

for the purpose of assisting the constable in the exercise of that power;

• (b) may take samples of any articles or substances found there and remove the samples from the land.

• (7) A power specified in paragraph (6)(a) or (b) which is exercisable under a warrant is subject to the terms of the warrant.

• (8) A constable leaving any land which has been entered in exercise of a power conferred by paragraph (2) or by a warrant under paragraph (3), being either unoccupied land or land from which the occupier is temporarily absent, must leave it as effectively secured against unauthorised entry as the constable found it.

Proceedings for offences: venue, time limits

102

• (1) An offence under Part III of these Regulations shall, for the purposes of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.

• (2) Summary proceedings for any such offence (other than for an offence under regulation 39 or 41) may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

But no such proceedings shall be brought by virtue of this paragraph more than three years after the commission of the offence or, in the case of a continuous contravention, after the last date on which the offence was committed.

• (3) For the purposes of paragraph (2) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Power of court to order forfeiture

103

• (1) The court by which a person is convicted of an offence under Part III of these Regulations–

• (a) shall order the forfeiture of any animal, plant or other thing in respect of which the offence was committed; and

• (b) may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence.

• (2) In paragraph (1)(b) “vehicle” includes aircraft, hovercraft and boat.

Saving for other protective provisions

104

Nothing in these Regulations shall be construed as excluding the application of the provisions of Part I of the Wildlife and Countryside Act 1981⁵⁵ (protection of wildlife) in relation to animals or plants also protected under Part III of these Regulations.

General supplementary provisions

Powers of drainage authorities

105

• (1) Where the appropriate nature conservation body or any other person enter into an agreement with a drainage authority for the doing by that authority of any work on land in a European site, no limitation imposed by law on the capacity of the drainage authority by virtue of its constitution shall operate so as to prevent the authority carrying out the agreement.

• (2) In paragraph (1) “drainage authority” means the National Rivers Authority or an internal drainage board.

Offences by bodies corporate, &c.

106

• (1) Where an offence under these Regulations committed by a body corporate is proved to have committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

For this purpose “director”, in relation to a body corporate whose affairs are managed by its members, means any member of the body.

• (2) Where an offence under these Regulations committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a partner, he (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

Local inquiries

107

• (1) The Secretary of State may cause a local inquiry to be held for the purposes of the exercise of any of his functions under these Regulations.

• (2) The provisions of section 250(2) to (5) of the Local Government Act 1972⁵⁶ or section 210(4) to (8) of the Local Government (Scotland) Act 1973⁵⁷ (local inquiries: evidence and costs) apply in relation to an inquiry held under this regulation.

Service of notices

108

• (1) Section 329 of the Town and Country Planning Act 1990⁵⁸ or section 269 of the Town and Country Planning (Scotland) Act 1972⁵⁹ (service of notices) apply to notices and other documents required or authorised to be served under these Regulations.

• (2) Paragraph (1) does not apply to the service of any notice required or authorised to be served under the Acquisition of Land Act 1981⁶⁰ or the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947⁶¹, as applied by these Regulations.

SCHEDULE 1 — PROCEDURE IN CONNECTION WITH ORDERS UNDER REGULATION 22

Coming into operation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publicity for orders

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Unopposed orders

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Opposed orders

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on power to amend orders or confirm them with modifications

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of final decision on order

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings for questioning validity of orders

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2 — EUROPEAN PROTECTED SPECIES OF ANIMALS

Common name	Scientific name
NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.	NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
Bats, Horseshoe (all species)	Rhinolophidae
Bats, Typical (all species)	Vespertilionidae
Beaver, Eurasian or European	Castor fiber
Butterfly, Large Blue	Maculinea arion
Cat, Wild	Felis silvestris
Dolphins, porpoises and whales (all species)	Cetacea
Dormouse	Muscardinus avellanarius
Lizard, Sand	Lacerta agilis
Newt, Great Crested (or Warty)	Triturus cristatus
Otter, Common	Lutra lutra
Snake, Smooth	Coronella austriaca
Sturgeon	Acipenser sturio
Toad, Natterjack	Bufo calamita
Turtles, Marine	Caretta carettaChelonia mydasLepidochelys kempiiEretmochelys imbricataDermochelys coriacea

SCHEDULE 3 — ANIMALS WHICH MAY NOT BE TAKEN OR KILLED IN CERTAIN WAYS

Common name	Scientific name
NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.	NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
Barbel	Barbus barbus
Grayling	Thymallus thymallus
Hare, Mountain	Lepus timidus
Lamprey, River	Lampetra fluviatilis
Marten, Pine	Martes martes
Polecat	Mustela putorius (otherwise known as Putorius putorius)
Salmon, Atlantic	Salmo salar (only in fresh water)
Seal, Bearded	Erignathus barbatus
Seal, Common	Phoca vitulina
Seal, Grey	Halichoerus grypus
Seal, Harp	Phoca groenlandica (otherwise known as Pagophilus groenlandicus)
Seal, Hooded	Cystophora cristata
Seal, Ringed	Phoca hispida (otherwise known as Pusa hispida)
Shad, Allis	Alosa alosa
Shad, Twaite	Alosa fallax
Vendace	Coregonus albula
Whitefish	Coregonus lavaretus

SCHEDULE 4 — EUROPEAN PROTECTED SPECIES OF PLANTS

Common name	Scientific name
NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.	NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
Dock, Shore	Rumex rupestris
Fern, Killarney	Trichomanes speciosum
Gentian, Early	Gentianella anglica
Lady's–slipper	Cypripedium calceolus
Marshwort, Creeping	Apium repens
Naiad, slender	Najas flexilis
Orchid, Fen	Liparis loeselii
Plantain, Floating–leaved water	Luronium natans
Saxifrage, Yellow Marsh	Saxifraga hirculus

Signed

John Gummer — Secretary of State for the Environment — 1994-10-17

Ian Lang — Secretary of State for Scotland — 1994-10-20

John Redwood — Secretary of State for Wales — 1994-10-18

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision for implementing Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

Part I contains introductory provisions.

Part II provides for the conservation of natural habitats and habitats of species, and in particular–

• regulations 7 to 15 make provision for the selection, registration and notification of sites to be protected under the Directive (“European sites”);

• regulations 16 and 17 make provision for management agreements for European sites;

• regulations 18 to 27 make provision in respect of European sites for the control of damaging operations and for special nature conservation orders;