The Conservation of Offshore Marine Habitats and Species Regulations 2017

Research

74.—(1) The Secretary of State must take such steps to encourage research and scientific work relating to the offshore marine area as the Secretary of State considers necessary—

(a) having regard to the objectives in Article 2, and the obligation in Article 11, of the Habitats Directive; and

(b) for the purpose of the protection or management, and in relation to the use, of any population of wild birds.

(2) The Secretary of State must supply to the Commission such information relating to the offshore marine area as the Secretary of State considers appropriate and, in the case of information so supplied for the purposes of the Habitats Directive, must supply that information also to member States, to further the proper co-ordination of research carried out by member States or by the Commission for the purposes of the Habitats Directive or the Wild Birds Directive.

(3) In deciding what steps to take under paragraph (1), the Secretary of State must have particular regard to the need for research and scientific work—

(a) on the subjects listed in Annex V to the Wild Birds Directive; or

(b) which may be required to implement Article 4 of the Habitats Directive.

(4) This regulation applies to—

(a) the Scottish Ministers as it applies to the Secretary of State, but as if, in paragraphs (1) and (2), the reference to the offshore marine area were a reference to the Scottish offshore region; and

(b) the Welsh Ministers as it applies to the Secretary of State, but as if, in paragraphs (1) and (2), the reference to the offshore marine area were a reference to the Welsh offshore region.

(5) Before the Secretary of State takes any steps under this regulation in relation to the Scottish offshore region or the Welsh offshore region under this regulation, the Secretary of State must consult the Scottish Ministers or the Welsh Ministers (respectively).