The Conservation of Offshore Marine Habitats and Species Regulations 2017

Hearings

15.—(1) The Secretary of State may give any person the opportunity of appearing before and being heard by, or of providing representations to, a person appointed by the Secretary of State—

(a) for the purpose of deciding whether to include a site in the list to be transmitted under regulation 7(1);

(b) for the purpose of deciding whether to propose to the Commission a modification under regulation 9(1) to the list of sites transmitted under regulation 7(1); or

(c) for the purpose of deciding whether to classify a site as a special protection area under regulation 12.

(2) Any person given the opportunity under paragraph (1) of appearing before and being heard by a person appointed by the Secretary of State may—

(a) be represented by another person;

(b) call persons to give evidence; and

(c) put questions to any person who gives evidence at the hearing, including any person who gives expert evidence.

(3) The Secretary of State must consider any report of a person appointed under paragraph (1).

(4) Where the Secretary of State proposes to exercise any function under this regulation in relation to any matter in relation to which functions are exercisable by the Scottish Ministers under regulation 16, the Secretary of State must consult the Scottish Ministers.

(5) Where the Secretary of State proposes to exercise any function under this regulation in relation to any matter in relation to which functions are exercisable by the Welsh Ministers under regulation 17, the Secretary of State must consult the Welsh Ministers.