Amendment to the 2009 Regulations
3. After regulation 1 insert—
“Review
1A.—(1) Before the end of each review period, the Secretary of State must—
(a)carry out a review of these Regulations,
(b)set out the conclusions of the review in a report, and
(c)publish the report.
(2) In carrying out the review, the Secretary of State must, so far as is reasonable, have regard to how the EIA Directive(1) (which is implemented in relation to infrastructure planning by these regulations) is implemented in other member States.
(3) The report must in particular—
(a)set out the objectives intended to be achieved by the regulatory system established by these regulations,
(b)assess the extent to which those objectives are achieved, and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
(4) “Review period” means—
(a)the period of five years beginning with the date on which this regulation comes into force, and
(b)subject to paragraph (5), each successive period of five years.
(5) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.”
Council Directive 85/337/EEC, O.J. L. 175, 5.7.1985, p. 40, as amended by: Council Directive 97/11/EC, O.J. L. 73, 14.3.1997, p. 5; Directive 2003/35/EC of the European Parliament and of the Council, O.J. L. 156, 25.6.2003, p. 17; and Directive 2009/31/EC of the European Parliament and of the Council, O.J. L. 140, 5.6.2009, p. 114.