The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010

Statutory Instruments

2010 No. 491

Wildlife

The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010

Made

1st March 2010

Laid before Parliament

8th March 2010

Coming into force

1st April 2010

The Secretary of State is designated(1) for the purposes of making Regulations under section 2(2) of the European Communities Act 1972(2) (“the Act”) in relation to the environment.

These Regulations and the Regulations they amend, the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007(3) (“the principal Regulations”), make provision for a purpose mentioned in section 2(2) of the Act. The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 contain references to Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna(4) (“the Habitats Directive”) and Directive 79/409/EEC on the conservation of wild birds(5), which has been repealed and replaced by Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds(6) (“the Wild Birds Directive”). It appears to the Secretary of State that it is expedient for any reference in the principal Regulations to an Annex to the Habitats Directive or to the Wild Birds Directive to be construed as a reference to that Annex as amended from time to time(7).

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A(8) of Schedule 2 to, the Act.

(1)

S.I. 2008/301.

(2)

1972 c. 68.

(3)

S.I. 2007/1842; relevant amending instruments are SSI 2007/485 and S.I. 2009/7.

(4)

OJ No. L206, 22.07.92, p.7, as last amended by Council Directive 2006/105/EC of 20 November 2006 adapting Directives 79/409/EEC, 92/43/EEC, 97/68/EC, 2001/80/EC and 2001/81/EC in the field of environment, by reason of the accession of Bulgaria and Romania (OJ No. L363, 20.12.06, p. 368).

(5)

OJ No. L103, 25.4.79, p.1, as last amended by Directive 2008/102/EC of the European Parliament and of the Council of 19 November 2008 amending Council Directive 79/409/EEC on the conservation of wild birds, as regards the implementing powers conferred on the Commission (OJ. No. L 323, 03.12.08, p. 31).

(6)

OJ No L 20, 26.1.10, p. 7.

(7)

Regulation 2(1)(b) of the principal Regulations provides that references to any Annex to the Habitats Directive or any Annex to the Wild Birds Directive are references to that Annex as amended from time to time.

(8)

Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).