The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007

Notification of a proposal to classify a special protection area

13.—(1) If the Secretary of State proposes to classify a site as a special protection area under regulation 12, he must give to the Joint Nature Conservation Committee—

(a) notice of that proposal; and

(b) an accompanying statement of his reasons for that proposal.

(2) Where the Joint Nature Conservation Committee is given notice of a proposal under paragraph (1), the Committee must give notice of that proposal and provide a copy of the Secretary of State’s statement of his reasons for that proposal to—

(a) each of the devolved administrations;

(b) any of the following who in its opinion ought to be notified—

(i) competent authorities which exercise functions in relation to the site;

(ii) competent authorities which exercise functions in relation to a marine area adjacent to the site; and

(iii) persons whose activities are likely to be affected by the classification of the site;

(c) such other persons as in its opinion ought to be notified; and

(d) such other persons as the Secretary of State directs.

(3) A notice under paragraph (2) must specify the date (being not less than 12 weeks from the date of the giving of the notice) by which representations with respect to the proposal may be made to the Joint Nature Conservation Committee.

(4) The Joint Nature Conservation Committee must provide to the Secretary of State a report describing the representations duly made, if any, that it received about the proposal, or where no such representations have been received, stating that fact.

(5) The Secretary of State must consider the report provided by the Joint Nature Conservation Committee under paragraph (4).

(6) The Secretary of State may issue guidance to the Joint Nature Conservation Committee for the purposes of its functions under this regulation and the Committee must have regard to that guidance in discharging any of those functions.

(7) The Secretary of State may vary or revoke a direction under paragraph (2)(d).