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21. In regulation 44 (surveillance of conservation status of habitats and species)—
(a)after paragraph (1), insert—
“(1A) In relation to the Scottish offshore region, the Scottish Ministers must make arrangements in accordance with paragraphs (3) to (5) for the surveillance of the conservation status of natural habitats of Community interest and species of wild flora and fauna of Community interest, and in particular priority natural habitat types and priority species.
(1B) Before the Secretary of State makes any arrangements for surveillance in relation to the Scottish offshore region under paragraph (1), the Secretary of State must consult the Scottish Ministers.”;
(b)after paragraph (2), insert—
“(2A) The Scottish Ministers must from time to time—
(a)consult the other devolved administrations and the Secretary of State about the arrangements which the Scottish Ministers have made under paragraph (1A);
(b)provide the other devolved administrations and the Secretary of State with such information as the Scottish Ministers consider appropriate that has been derived from the surveillance arranged by them under paragraph (1A); and
(c)review the arrangements they have made under paragraph (1A) and, if they think it appropriate, revise those arrangements.”;
(c)in paragraphs (3)(b), (4) and (5)(b), for “the Secretary of State” substitute “the relevant administration”; and
(d)in paragraph (6)—
(i)after “paragraphs (3)”, insert “, (4)”;
(ii)at the end of sub-paragraph (a), omit the word “and”;
(iii)in sub-paragraph (b), after “paragraph (1)” insert “or (1A);”; and
(iv)after sub-paragraph (b), insert—
“(c)“the relevant administration” means—
(i)in relation to surveillance under paragraph (1), the Secretary of State;
(ii)in relation to surveillance under paragraph (1A), the Scottish Ministers.”.
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