12.—(1) In any case where a report has been produced by the reporter in accordance with regulation 11(1), no designation shall be made by the authority unless the Scottish Ministers confirm that such a designation may be made.
(2) In considering whether or not to confirm that the authority may make the designation the Scottish Ministers shall take account of–
(a)the report prepared by the reporter in accordance with regulation 11(1), and
(b)any report prepared by the authority under regulation 11(2)(b).