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

Amendments to regulation 9

7.  In regulation 9 (modification of list of sites)—

(a) after paragraph (1), insert—

“(1A) Where the Scottish Ministers consider it appropriate, in the light of the results of the surveillance referred to in Article 11 of the Habitats Directive or otherwise, they must propose to the Secretary of State modifications of the list of sites in the Scottish offshore region which has been transmitted to the Commission under regulation 7(1).”;

(b) after paragraph (2), insert—

“(2A) Paragraph (2) does not apply in relation to any modification which has been proposed by the Scottish Ministers under paragraph (1A).

(2B) Before the Scottish Ministers propose a modification under paragraph (1A), the Scottish Ministers must, if they consider it appropriate, give to the Joint Nature Conservation Committee—

(a) notice of their intention to propose that modification; and

(b) an accompanying statement of their reasons for intending to propose it.

(2C) But the Scottish Ministers may not give notice of their intention to propose a modification to the Committee as described in paragraph (2B) unless the Secretary of State has agreed to that proposal.”;

(c) for paragraph 3, substitute—

“(3) Where the Joint Nature Conservation Committee is given notice under paragraph (2) or (2B), the Committee must give notice of the proposed modification and provide a copy of the accompanying statement of reasons for it to the following—

(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 which is the subject of the modification;

(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 inclusion of the site in the list;

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

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

(e) where the Scottish Ministers have given notice under paragraph (2B)—

(i) the Secretary of State; and

(ii) such other persons as the Scottish Ministers direct.”;

(d) in paragraphs (5) and (6), for “Secretary of State” substitute “the relevant administration”;

(e) in paragraph (8), at the end insert “, and the Scottish Ministers may vary or revoke a direction under paragraph (3)(e)(ii)”; and

(f) after paragraph (8), add—

“(9) In this regulation—

“the relevant administration” means—

(a)

in relation to a report concerning a proposal under paragraph (2), the Secretary of State; and

(b)

in relation to a report concerning a proposal under paragraph (2B), the Scottish Ministers.”.