The Conservation of Habitats and Species Regulations 2017

Competent authorities

7.—(1) For the purposes of these Regulations, “competent authority” includes—

(a) any Minister of the Crown (as defined in the Ministers of the Crown Act 1975(1)), government department, statutory undertaker, public body of any description or person holding a public office;

(b) the Welsh Ministers; and

(c) any person exercising any function of a person mentioned in sub-paragraph (a) or (b).

(2) In the following provisions (and as provided in regulation 69(3)(a)), “competent authority” includes the Scottish Ministers—

(a) regulation 70(2), in so far as that paragraph relates to a deemed grant of planning permission under—

(i) section 57(2), (2A) and (2ZA) of the Town and Country Planning (Scotland) Act 1997(2), to which regulation 70(1)(e)(ii) and (f) relate; or

(ii) section 5(1) of the Pipe-lines Act 1962(3), to which regulation 70(1)(e)(iii) relates;

(b) Chapters 4 and 5 of Part 6.

(3) In paragraph (1)—

“public body” includes—

(a)

the Broads Authority(4);

(b)

a joint planning board within the meaning of section 2 of the TCPA 1990 (joint planning boards)(5);

(c)

a joint committee appointed under section 102(1)(b) of the Local Government Act 1972 (appointment of committees)(6);

(d)

a National Park authority; or

(e)

a local authority, which in this regulation means—

(i)

in relation to England, a county council, a district council, a parish council, a London borough council, the Common Council of the City of London, the sub-treasurer of the Inner Temple or the under treasurer of the Middle Temple;

(ii)

in relation to Wales, a county council, a county borough council or a community council;

“public office” means—

(a)

an office under the Crown,

(b)

an office created or continued in existence by a public general Act or by legislation passed by the National Assembly for Wales, or

(c)

an office the remuneration in respect of which is paid out of money provided by Parliament or the National Assembly for Wales.

(1)

1975 c. 26.

(2)

1997 c. 8. Section 57(2) was substituted, and section 57(2ZA) was inserted, by the Growth and Infrastructure Act 2013 (c. 27), section 21(5).

(3)

1962 c. 58. Section 5(1) was amended by S.I. 1999/742.

(4)

The Broads Authority was established by section 1 of the Norfolk and Suffolk Broads Act 1988 (c. 4).

(5)

Section 2 was amended by the Local Government (Wales) Act 1994 (c. 19), section 19(1) and (4) and Schedule 18; and by the Environment Act 1995 (c. 25), Schedule 10, paragraph 32.

(6)

1972 c. 70. Section 102(1) was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 16; and the Children Act 1989 (c. 41), Schedule 13, paragraph 31. It is prospectively amended by the Local Government and Housing Act 1989 (c. 42), Schedule 11, paragraph 25(a), from a date to be appointed.