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The Conservation of Habitats and Species Regulations 2010

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Competent authorities

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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 67(3)(a)), “competent authority” includes the Scottish Ministers—

(a)paragraph (2) of regulation 68 (grant of planning permission), in so far as that paragraph relates to a deemed grant of planning permission under—

(i)section 57(2) of the Town and Country Planning (Scotland) Act 1997(2), as mentioned in regulation 68(1)(e)(ii), or

(ii)section 5(1) of the Pipe-lines Act 1962(3), as mentioned in regulation 68(1)(e)(iii);

(b)Chapter 4 of Part 6 (electricity); and

(c)Chapter 5 of Part 6 (pipe-lines).

(3) In paragraph (1)—

(a)“public body” includes any local authority, joint board, joint committee or National Park authority; and

(b)“public office” means—

(i)an office under the Crown,

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

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

(4) In paragraph (3)(a)—

“local authority” means—

(a)

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, and

(b)

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

“joint board” means a joint planning board within the meaning of section 2(4) of the TCPA 1990 (joint planning boards); and

“joint committee” means a joint committee appointed under subsection (1)(b) of section 102 of the Local Government Act 1972(5) (appointment of committees).

(3)

1962 c. 58; section 5(1) was amended by S.I. 1999/742, paragraph 2(3) of the Schedule.

(4)

Relevant amendments were made to section 2 by the Local Government (Wales) Act 1994 (c. 19), section 19(1) and (4)(a) and Schedule 18.

(5)

1972 c. 70; section 102(1) was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), paragraph 16 of Schedule 9; the Children Act 1989 (c. 41), paragraph 31 of Schedule 13; and the Local Government and Housing Act 1989 (c. 42), paragraph 25(a) of Schedule 11.

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