2020 No. 1531
The Environmental Assessment of Plans and Programmes (Amendment) Regulations 2020
Made
Laid before Parliament
Coming into force in accordance with regulation 1
Citation and commencement1
1
These Regulations may be cited as the Environmental Assessment of Plans and Programmes (Amendment) Regulations 2020.
2
These Regulations come into force immediately before 11 p.m. on 31st December 2020.
Amendments to the Environmental Assessment of Plans and Programmes Regulations 2004
2
The Environmental Assessment of Plans and Programmes Regulations 20043 are amended as follows.
3
In regulation 2 (interpretation), in paragraph (1)—
1
omit the “and” at the end of the definition of “plans and programmes”; and
2
in the appropriate places, insert—
“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
“public website” means a website accessible to the public where the public can view and download information placed upon it;
4
1
Regulation 11 (publicity for determinations and directions) is amended as follows.
2
In paragraph (2)—
a
omit sub-paragraph (a) (together with the “and” at the end of sub-paragraph (a));
b
before sub-paragraph (b) insert—
aa
publish the determination and any accompanying statement of reasons on a public website at which the documents may be viewed and downloaded;
ab
provide a copy of those documents by email to any person who requests a copy, as soon as reasonably practicable after receipt of that person’s request;
ac
provide one copy of those documents by post to any person who requests a copy, as soon as reasonably practicable after receipt of that person’s request, unless it is not reasonably practicable to provide a copy by post for reasons connected to the effects of coronavirus, including restrictions on movement;
ad
make available a telephone number for the public to make enquiries in relation to those documents; and
c
omit the “and” at the end of sub-paragraph (b)(ii);
d
in sub-paragraph (b)(iii)—
i
for “(which may include a website) at which a copy of” substitute “of the website”; and
ii
for “inspected or from” to the end substitute “viewed and downloaded free of charge;”; and
e
after sub-paragraph (b)(iii) insert—
iv
the fact that a copy of those documents may be obtained by email from the responsible authority;
v
the fact that a copy of those documents may be obtained by post from the responsible authority, provided that it is reasonably practicable for the authority to provide a copy by post;
vi
the address, email address and telephone number for the purpose of requesting a copy of those documents, either by email or by post;
vii
whether a charge will be made for copies of those documents provided by post, and the amount of any charge; and
viii
the telephone number which can be used to contact the responsible authority for enquiries in relation to those documents.
3
In paragraph (3)—
a
omit sub-paragraph (a) (together with the “and” at the end of sub-paragraph (a));
b
before sub-paragraph (b) insert—
aa
publish the direction and the Secretary of State’s statement of his reasons for giving it on a public website at which the documents may be viewed and downloaded;
ab
provide a copy of those documents by email to any person who requests a copy, as soon as reasonably practicable after receipt of that person’s request;
ac
provide one copy of those documents by post to any person who requests a copy, as soon as reasonably practicable after receipt of that person’s request, unless it is not reasonably practicable to provide a copy by post for reasons connected to the effects of coronavirus, including restrictions on movement;
ad
make available a telephone number for the public to make enquiries in relation to those documents; and
c
omit the “and” at the end of sub-paragraph (b)(ii);
d
in sub-paragraph (b)(iii)—
i
for “(which may include a website) at which a copy of” substitute “of the website”; and
ii
for “inspected or from” to the end substitute “viewed and downloaded free of charge;”; and
e
after sub-paragraph (b)(iii) insert—
iv
the fact that a copy of those documents may be obtained by email from the responsible authority;
v
the fact that a copy of those documents may be obtained by post from the responsible authority, provided that it is reasonably practicable for the authority to provide a copy by post;
vi
the address, email address and telephone number for the purpose of requesting a copy of those documents either by email or by post;
vii
whether a charge will be made for copies of those documents provided by post, and the amount of any charge; and
viii
the telephone number which can be used to contact the responsible authority for enquiries in relation to those documents.
4
For paragraph (4) substitute—
4
Nothing in paragraphs (2)(ac) or (3)(ac) shall require the responsible authority to provide copies of—
a
the determination and any accompanying statement of reasons; or
b
the direction and of the Secretary of State’s statement of his reasons for giving it,
by post free of charge, but where a charge is made that charge shall be of a reasonable amount.
5
1
Regulation 13 (consultation procedures) is amended as follows.
2
For paragraph (2)(c) substitute—
c
inform the public consultees of—
i
the address of the website at which the relevant documents may be viewed and downloaded free of charge;
ii
the fact that a copy of the relevant documents may be obtained by email from the responsible authority;
iii
the fact that a copy of the relevant documents may be obtained by post from the responsible authority, provided that it is reasonably practicable for the authority to provide a copy by post;
iv
the address, email address and telephone number for the purpose of requesting a copy of the relevant documents either by email or by post;
v
whether a charge will be made for copies of the relevant documents provided by post and the amount of any charge; and
vi
the telephone number which can be used to contact the responsible authority for enquiries in relation to the relevant documents;
3
For paragraph (4) substitute—
4
The responsible authority shall—
a
publish the relevant documents on a public website at which the relevant documents may be viewed and downloaded free of charge;
b
provide a copy of the relevant documents by email to any person who requests a copy, as soon as reasonably practicable after receipt of that person’s request;
c
provide one copy of the relevant documents by post to any person who requests a copy, as soon as reasonably practicable after receipt of that person’s request, unless it is not reasonably practicable to provide a copy by post for reasons connected to the effects of coronavirus, including restrictions on movement; and
d
make available a telephone number for the public to make enquiries in relation to the relevant documents.
4
In paragraph (5)—
a
for “(2)(c)” substitute “(4)(c)”; and
b
after “copies” insert “of the relevant documents by post”.
6
1
Regulation 15 (plans and programmes of other Member States) is amended as follows.
2
In paragraph (4)—
a
after sub-paragraph (a) insert—
aa
publish the draft plan or programme and the relevant environmental report provided by the Member State (“the relevant transboundary documents”) on a public website at which the documents may be viewed and downloaded free of charge;
ab
provide a copy of the relevant transboundary documents by email to any person who requests a copy, as soon as reasonably practicable after receipt of that person’s request;
ac
provide one copy of the relevant transboundary documents by post to any person who requests a copy, as soon as reasonably practicable after receipt of that person’s request, unless it is not reasonably practicable for the Secretary of State to provide a copy by post for reasons connected to the effects of coronavirus, including restrictions on movement;
ad
make available a telephone number for the public to make enquiries in relation to the relevant transboundary documents;
b
in sub-paragraph (b)—
i
for “them” substitute “the consultation bodies”; and
ii
for “(which may include a website)” to the end substitute “of the public website at which those documents may be viewed and downloaded free of charge”;
c
in sub-paragraph (d) —
i
for “(which may include a website)” substitute “of the public website”; and
ii
for “inspected, or from” to the end substitute “viewed and downloaded free of charge”; and
d
omit the “and” at the end of sub-paragraph (d);
e
after sub-paragraph (d) insert—
da
inform the transboundary consultees of—
i
the fact that a copy of the relevant transboundary documents may be obtained by email from the Secretary of State;
ii
the fact that a copy of the relevant transboundary documents may be obtained by post from the Secretary of State, provided that it is reasonably practicable for the Secretary of State to provide a copy by post;
iii
the address, email address and telephone number for the purpose of requesting a copy of the relevant transboundary documents either by email or by post, and;
iv
whether a charge will be made for copies of the relevant transboundary documents provided by post, and the amount of any charge; and
v
the telephone number which can be used to contact the responsible authority for enquiries in relation to the relevant transboundary documents; and
3
In paragraph (6)—
a
for “(4)(d)” substitute “(4)(ac)”; and
b
after “copies” insert “of the relevant transboundary documents by post”.
7
1
Regulation 16 (information as to adoption of plan or programme) is amended as follows.
2
In paragraph (1)—
a
omit sub-paragraph (a) (together with the “and” at the end of sub-paragraph (a));
b
before sub-paragraph (b) insert—
aa
publish the plan or programme, as adopted, its accompanying environmental report and a statement containing the particulars specified in paragraph (4) (“the relevant adoption documents”) on a public website at which the documents may be viewed and downloaded free of charge;
ab
provide a copy of the relevant adoption documents by email to any person who requests a copy, as soon as reasonably practicable after receipt of that person’s request;
ac
provide one copy of the relevant adoption documents by post to any person who requests a copy, as soon as reasonably practicable after receipt of that person’s request, unless it is not reasonably practicable to provide a copy by post for reasons connected to the effects of coronavirus, including restrictions on movement;
ad
make available a telephone number for the public to make enquiries in relation to the relevant adoption documents; and
c
in sub-paragraph (b) paragraphs (iii) to (v) are omitted; and
d
at the end insert—
vi
the address of the website at which the relevant adoption documents may be viewed and downloaded free of charge;
vii
the fact that a copy of the relevant adoption documents may be obtained by email from the responsible authority;
viii
the fact that a copy of the relevant adoption documents may be obtained by post from the responsible authority, provided that it is reasonably practicable for the authority to provide a copy by post;
ix
the address, email address and telephone number for the purpose of requesting a copy of the relevant adoption documents either by email or by post;
x
whether a charge will be made for copies of the relevant adoption documents provided by post, and the amount of any charge; and
xi
a telephone number which can be used to contact the responsible authority for enquiries in relation to the relevant adoption documents.
3
For sub-paragraph (3)(c) substitute—
c
the address of the website at which a copy of—
i
the plan or programme, as adopted;
ii
its accompanying environmental report; and
iii
a statement containing the particulars specified in paragraph (4),
may be viewed, or from which a copy may be obtained;
d
the fact that a copy of the relevant adoption documents may be obtained by email from the responsible authority;
e
the fact that a copy of the relevant adoption documents may be obtained by post, provided that it is reasonably practicable for the responsible authority to provide a copy by post;
f
the address, email address and telephone number for the purpose of requesting a copy of the relevant adoption documents either by email or by post;
g
whether a charge will be made for copies of the relevant adoption documents provided by post, and the amount of any charge; and
h
a telephone number which can be used to contact the responsible authority for enquiries in relation to the relevant adoption documents.
4
In paragraph (4) for “(1)(b)(iii)” substitute “(1)(b)(vi)”.
5
At the end insert—
5
Nothing in paragraph (1)(ac) shall require the responsible authority to provide copies of the relevant adoption documents by post free of charge, but where a charge is made, that charge shall be of a reasonable amount.
8
Omit regulation 18.
Signed by authority of the Secretary of State for Housing, Communities and Local Government
(This note is not part of the Regulations)