Highways Act 1980

Changes over time for: Section 105C

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Changes to legislation:

Highways Act 1980, Section 105C is up to date with all changes known to be in force on or before 18 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 79(15)(aa) inserted by 2023 asc 3 Sch. 13 para. 54(b)
s. 90B(1A) inserted by 2015 c. 20 Sch. 10 para. 15(3)
s. 90C(2)(2A) substituted for s. 90C(2) by 2015 c. 20 Sch. 10 para. 16(3)
s. 90FA inserted by 2015 c. 20 Sch. 10 para. 20
s. 118ZA(5)(a) words inserted by 2015 c. 20 s. 25(3)
s. 120(3ZA) inserted by 2000 c. 37 Sch. 6 para. 13(6)
s. 121E(1A)(1B) inserted by 2015 c. 20 s. 23(5)
s. 146(6) inserted by 2015 c. 20 s. 24(6)(d)
s. 147(1A) inserted by 2015 c. 20 s. 24(3)
s. 147(5A) inserted by 2015 c. 20 s. 24(5)
s. 203(2)(b)(ia) inserted by S.I. 2023/908 reg. 6(2)(b)
s. 219(1)(a)(i)(ii) inserted by S.I. 2023/908 reg. 6(3)
s. 220(1A) inserted by S.I. 2023/908 reg. 6(4)(b)
s. 223(1A) inserted by S.I. 2023/908 reg. 6(5)(b)
s. 223(5A) inserted by S.I. 2023/908 reg. 6(5)(d)
s. 223(5B)-(6) s. 223(6) renumbered as s. 223(5B)(6) by S.I. 2023/908 reg. 6(5)(e)
s. 322(5)(ab) inserted by 2004 c. 18 s. 64(2)
s. 325(2B) inserted by 2015 c. 20 Sch. 10 para. 21
Sch. 6 para. 1(3ZA) inserted by 2015 c. 20 Sch. 7 para. 8(2)(b)
Sch. 6 para. 2(2ZA)-(2ZE) inserted by 2015 c. 20 Sch. 7 para. 8(3)
Sch. 6 para. 2(4) inserted by 2015 c. 20 Sch. 7 para. 8(4)
Sch. 6 para. 2(5)(6) inserted by 2015 c. 20 Sch. 7 para. 8(5)
Sch. 6 para. 2ZZA inserted by 2015 c. 20 Sch. 7 para. 8(6)
Sch. 6 para. 4A(2) inserted by 2015 c. 20 Sch. 7 para. 8(7)(c)
Sch. 6 para. 5(ba) inserted by 2015 c. 20 Sch. 7 para. 8(8)
Sch. 6 para. 4A(1) words renumbered as Sch. 6 para. 4A(1) by 2015 c. 20 Sch. 7 para. 8(7)(a)
Sch. 6 para. 4A(1) words substituted by 2015 c. 20 Sch. 7 para. 8(7)(b)
Sch. 6 Pt. 1 para. 2B(4) inserted by 2015 c. 20 s. 25(6)

[F2 105C F1... [F3EEA] States.E+W

(1)This section applies if–

(a) it appears to the [F4project authority] that a project to which section [F5105B] applies is likely to have a significant effect on the environment in [F6an EEA state] ; or

(b)[F7 an EEA State ] the environment of which is likely to be significantly affected by such a project asks the [F8project authority] for information about it.

(2) The [F9project authority] must give the [F10EEA State ] –

(a) a description of the project, together with any information available to [F11the authority] which suggests that it may have a significant effect on the environment in the [F10EEA State ] ;

(b)any information which [F12the authority] has on the nature of the decision which may be taken on the project;

[F13(c)such information about the procedure required by this Part of this Act as [F14the authority] considers appropriate; and]

(d)a reasonable period within which to indicate whether it wishes to participate in that procedure.

(3)Subsection (2)(a) and (b) must be complied with no later than the date of publication of [F15the notice under section 105B(2)(b)] .

(4) If the [F10EEA State ] indicates that it wishes to participate [F16 in the procedure required by this Part of this Act ] , the [F17project authority] must give it–

(a) a copy of the environmental statement for the project (if [F18the authority] has not already done so); F19 . . .

[F20(b)the information required by [F21subsection (6)] of section 105B to be included in the notice under [F22subsection (2)(b)] of that section; and

(c) any information about the procedure required by this Part of this Act which [F23the authority] considers it appropriate to give and which has not already been given to the EEA State. ]

(5)[F24The project authority must also] –

(a) arrange for the information which [F25the authority] has given to the [F10EEA State ] to be made available, within a reasonable time, to–

[F26(i)the consultation bodies, and]

(ii) members of the public in the [F10EEA State ] who are likely to be concerned; and

(b)ensure that those authorities and the public concerned are given a reasonable opportunity to give [F27the project authority] their views before [F28the project authority] decides whether to proceed with the project to which the environmental impact assessment relates.

(6)The Secretary of State[F29or the strategic highways company] must F30...–

(a) enter into consultations with the [F10EEA State ] concerned regarding, among other matters, the potential significant effects of the project on the environment of that [F10EEA State ] and the measures envisaged to reduce or eliminate those effects; and