The Conservation of Offshore Marine Habitats and Species Regulations 2017

Notification of a proposal for a site of Community importance

8.—(1) If the Secretary of State proposes to include a site in the list to be transmitted under regulation 7(1), the Secretary of State must give to the Joint Committee notice of that proposal and an accompanying statement of reasons.

(2) Paragraph (1) does not apply in relation to any site which—

(a) the Scottish Ministers have included in the list transmitted by them under regulation 7(2); or

(b) the Welsh Ministers have included in the list transmitted by them under regulation 7(3).

(3) If—

(a) the Scottish Ministers propose to include a site in the list to be transmitted by them under regulation 7(2), or

(b) the Welsh Ministers propose to include a site in the listed to be transmitted by them under regulation 7(3),

they must give to the Joint Committee notice of that proposal and an accompanying statement of reasons.

(4) But neither the Scottish Ministers nor the Welsh Minister may give notice of a proposal to the Joint Committee as described in paragraph (3) unless the Secretary of State has agreed to that proposal.

(5) Where, under paragraph (1) or (3), the Joint Committee is given notice of a proposal, the Joint Committee must give notice of that proposal and provide a copy of the accompanying statement of reasons for that proposal 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;

(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; and

(e) where the Scottish Ministers or the Welsh Ministers have given notice under paragraph (3)—

(i) the Secretary of State; and

(ii) such other persons as the Scottish Ministers or the Welsh Ministers respectively direct.

(6) A notice under paragraph (5) must specify the date (being not less than 12 weeks from the date of the giving of the notice) by which representations with respect to the proposal may be made to the Joint Committee.

(7) The Joint Committee must provide to the relevant administration a report describing the representations duly made, if any, that it received about the proposal, or where no such representations have been received, stating that fact.

(8) The relevant administration must consider the report provided by the Joint Committee under paragraph (7).

(9) The Secretary of State may issue guidance to the Joint Committee for the purposes of its functions under this regulation and the Joint Committee must have regard to that guidance in discharging any of those functions.

(10) The Scottish Ministers or the Welsh Ministers may issue guidance to the Joint Committee for the purposes of its functions under this regulation in relation to a proposal under paragraph (3), and the Joint Committee must have regard to that guidance in discharging any of those functions.

(11) The Secretary of State may vary or revoke a direction under paragraph (5)(d), and the Scottish Ministers or the Welsh Ministers may vary or revoke a direction under paragraph (5)(e)(ii).

(12) In this regulation, “the relevant administration” means—

(a) in relation to a report concerning a proposal under paragraph (1), the Secretary of State; and

(b) in relation to a report concerning a proposal under paragraph (3) the Scottish Ministers or the Welsh Ministers, as the case may be.