[^key-cccde549f7236b2e8470317b4fb84c31]: Regs. 30-37 power to disapply or modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 293(4)(5), 334(3)(j) (with s. 293(6))

[^key-dd9211ead1fbc94e7b0f52db8cce716a]: Reg. 6 power to disapply or modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 293(4)(5), 334(3)(j) (with s. 293(6))

[^key-a786be4172cb7bb1fd069e30c18f67a4]: Reg. 27 power to disapply or modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 293(4)(5), 334(3)(j) (with s. 293(6))

[^key-cd75da8c4e7d61d565462214940b989b]: Reg. 28 power to disapply or modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 293(4)(5), 334(3)(j) (with s. 293(6))

[^key-0a21fd4f99686e9f7ff85c412ad4ab00]: Word in reg. 38(14) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 40(a)

[^key-4e668b9a3b1cdbb23aa77261b7010c0e]: Word in reg. 38(13)(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 40(a)

[^key-51340573de8bd79aa4ab88fde05d3edb]: Word in reg. 40(5)(c) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 40(b)

[^key-f4ea37362739e6582c495b5f753add3c]: Word in reg. 40(6) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 40(b)

[^key-55cf64b025a3ae297d23ba423b3263cd]: Word in reg. 45(11)(c) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 40(c)

[^key-6984c49538e9f9a8225e7132c26922cc]: Word in reg. 45(12) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 40(c)

6A

(1) The Secretary of State must publish, at least every six years from exit day, a report on the implementation of the measures for the conservation of the natural habitat types listed in Annex I to the Habitats Directive and species listed in Annex II to that Directive.

(2) The report must include in particular—

(a) information concerning conservation measures taken under Article 6(1) of the Habitats Directive;

(b) information on provisions mentioned in Article 12 of the new Wild Birds Directive;

(c) an evaluation of the impact of those conservation measures on the conservation status of the natural habitat types listed in Annex I to the Habitats Directive and of the species listed in Annex II to that Directive;

(d) the main results of the surveillance undertaken under Part 4 of these Regulations.

(3) The report must be published in such form as the Secretary of State sees fit.

(4) The report, must be submitted in draft to the devolved administrations for verification.

Duty to designate special areas of conservation

Priorities for designating special areas of conservation

7A

The relevant administration must establish priorities for the designation of sites in the light of—

(a) the importance of the sites for the maintenance or restoration at a favourable conservation status of—

(i) a natural habitat type specified in Annex I to the Habitats Directive; or

(ii) a species specified in Annex II to the Habitats Directive;

(b) the importance of the sites for the coherence of national site network; and

Notification of a proposal for a site of Community importance

Modification of list of sites

Consultation as to inclusion of site omitted from the list

Designation of special areas of conservation

Classification of sites as special protection areas

Classification of sites in the Scottish offshore region and the Welsh offshore region as special protection areas

Notification of a proposal to classify a special protection area

Hearings

Hearings conducted by the Scottish Ministers

Hearings conducted by the Welsh Ministers

Meaning of “European offshore marine site”

Management objectives of the national site network

18A

(1) The Secretary of State and the devolved administrations must, in co-operation with each other, manage, and where necessary adapt, the national site network, so far as it consists of European offshore marine sites, with a view to contributing to the achievement of the management objectives of the national site network.

(2) The management objectives of the national site network are—

(a) to maintain or, where appropriate restore to, a favourable conservation status in their natural range (so far as it lies in the United Kingdom’s territory, and so far as is proportionate)—

(i) the natural habitat types listed in Annex 1 to the Habitats Directive;

(ii) the species listed in Annex II to that Directive whose natural range includes any part of the United Kingdom’s territory;

(b) to contribute, in their area of distribution, to ensuring the survival and reproduction of—

(i) the species of birds listed in Annex I to the Wild Birds Directive which naturally occur in the United Kingdom’s territory;

(ii) regularly occurring migratory species of birds not listed in that Annex which naturally occur in the United Kingdom’s territory;

(c) to contribute to securing compliance with the requirements of Article 2 of the new Wild Birds Directive for the purposes of the duty in regulation 6(1) in relation to the species of birds in paragraph (b) within their area of distribution.

(3) In complying with the obligation in paragraph (1), the Secretary of State and the devolved administrations must have regard—

(a) in relation to sites designated under regulation 7(1) to—

(i) the importance of the sites for meeting the objective in paragraph 2(a);

(ii) the importance of the sites for the coherence of national site network;

(iii) the threats of degradation or destruction (including deterioration and disturbance of protected features) to which the sites are exposed;

(b) in relation to sites classified under regulation 12(1)—

(i) the importance of the sites for meeting the objectives in paragraph 2(b) and (c);

(ii) in the case of migratory species, the importance of their breeding, moulting and wintering areas and staging points along their migration routes;

(iii) the importance of the sites for the coherence of the national site network;

(iii) the threats of degradation or destruction (including deterioration and disturbance of protected features) to which the sites are exposed.

(4) In paragraph (2)(a), “proportionate” means proportionate to the relative importance of—

(a) the part of the natural range lying in the United Kingdom’s territory, and

(b) the part of the natural range lying outside the United Kingdom’s territory,

for achieving a favourable conservation status.

Register of European offshore marine sites

Notification of changes to the register

Report on licences

55A

(1) Within two years from exit day, and thereafter within two years of the publication of the last such report, the relevant administration must publish, in such form as it sees fit, a report on licences granted under regulation 55 for the preceding two years .

(2) A report published under paragraph (1) must specify—

(a) the species to which the licence relates, and the reason for granting the licence, including the nature of the risk, with, if appropriate a reference to alternatives rejected and scientific data used;

(b) in relation to any animal species, any means authorised for the capture or killing of the species and the reasons for the use of that means;

(d) the supervisory measures taken to check that the required conditions of the licence have been complied with, any monitoring that has been carried out of compliance with the conditions of the licence, and the results of that monitoring.

Licences: supplementary provisions

False statements made for obtaining licence

Amendment of Schedules

84A

(1) The Secretary of State may, where satisfied that the natural range of a species of animal listed in Annex IV(a) to the Habitats Directive includes any part of the offshore marine area, by regulations amend Schedule 1 as appropriate in the light of that conclusion.

(2) The Secretary of State may make such other amendment as he considers necessary for adapting Schedules 1 to 3A to technical and scientific progress.

(3) Before exercising the power under paragraph (1) or (2), the Secretary of State must obtain the consent of the devolved administrations.

Statutory instruments

84B

(1) The power to make an amendment under paragraph (1) or (2) of regulation 84(A) is exercisable by statutory instrument.

(2) A statutory instrument made by the Secretary of State under regulation 84A(1) may not be made unless a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Parliament;

(3) A statutory instrument made by the Secretary of State under regulation 84A(2) is subject to annulment in pursuance of a resolution of either House of Parliament.

Saving

Transitional provisions

Transitional provisions: EU exit

86A

(1) Where before exit day a site in the offshore marine area has been adopted in accordance with the procedure laid out in Article 4(2) of the Habitats Directive (list of sites of Community importance), the relevant administration must designate that site as a special area of conservation as soon as possible and no later than six years from the date of adoption of that site.

(2) Paragraph (3) applies where before exit day a site in the offshore marine area—

(a) has been proposed as eligible for identification as of Community importance in accordance with the procedure laid out in Article 4(2) of the Habitats Directive (list of sites of Community importance) as part of a list of sites transmitted to the European Commission; and

(b) has not yet been so identified as being of Community importance.

(3) Where this paragraph applies, the relevant administration must within six years of exit day—

(a) designate the site as a special area of conservation; or

(b) give notice to the Joint Committee of its intention not to designate the site, and publish, in such form as it sees fit, its reasons for not designating the site, having regard the objective in regulation 7(3).

SCHEDULE 2A — Prohibited Methods of Capturing or Killing of Wild Birds

1

The prohibited means of capturing or killing wild birds are—

(a) snares, limes or hooks;

(b) using blind or mutilated birds as live decoys;

(d) electrical or electronic devices capable of killing or stunning;

(e) artificial light sources;

(f) mirrors or other dazzling devices;

(g) devices for illuminating targets;

(h) sighting devices for night shooting comprising an electronic image magnifier or image converter;

(i) explosives;

(j) nets or traps;

(k) poisoned or anaesthetic bait; and

(l) automatic or semi-automatic weapons with a magazine capable of holding more than two rounds of ammunition.

SCHEDULE 3A — Prohibited Methods of Capturing or Killing Wild Animals

1

The prohibited means of capturing or killing mammals are—

(a) the use of blind or mutilated animals as live decoys;

(b) sound recordings;

(d) artificial light sources;

(e) mirrors and other dazzling devices;

(f) devices for illuminating targets;

(g) sighting devices for night shooting comprising an electronic image magnifier or image converter;

(h) explosives;

(i) nets which are non-selective according to their principle or their conditions of use;

(j) traps which are non-selective according to their principle or their conditions of use;

(k) bows and crossbows;

(l) poisons and poisoned or anaesthetic bait;

(m) gassing or smoking out; and

(n) semi-automatic or automatic weapons with a magazine capable of holding more than two rounds of ammunition.

2

The prohibited methods of capturing or killing fish are—

(a) poison; and

(b) explosives.

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