- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004, Transitional Provisions and Revocations.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
20.—(1) The provisions of this regulation apply to a notification to which regulation 18 of the 1994 Regulations applies, as that notification had effect immediately before the day on which these Regulations come into force.
(2) Such a notification is to be treated as a notification given under section 3(1) of, and confirmed under paragraph 4 of schedule 1 to, the 2004 Act.
(3) Any operation specified in such a notification is to be treated as an operation requiring consent under section 3(7) of the 2004 Act.
(4) Scottish Natural Heritage is to be treated as having given its written consent on an application under section 16(2) of the 2004 Act to the carrying out of an operation which is, by virtue of paragraph (3), to be treated as an operation requiring consent, if Scottish Natural Heritage has, on or before the day before these Regulations come into force, given its consent in writing to the carrying out of the operation.
(5) Paragraph 4 of schedule 5 to the 2004 Act shall apply to such a notification as if it was an existing notification within the meaning given in paragraph 2 of that schedule.
(6) Scottish Natural Heritage may, despite section 6(2) of the 2004 Act, carry out at such time as it thinks fit the first review under section 6(1)(b) of that Act of an operation which is, by virtue of paragraph (3), to be treated as an operation requiring consent.
(7) A permission to carry out an operation specified in such a notification given before these Regulations come into force is not to be treated as having been given in accordance with section 15 of the 2004 Act.
21.—(1) Any special nature conservation order made under regulation 22 of the 1994 Regulations–
(a)which was made before the day on which these Regulations come into force, and
(b)in respect of which notice has been given under paragraph 6 of Schedule 1 to the 1994 Regulations of a decision to confirm it,
is to be treated as a nature conservation order made under section 23 and confirmed under paragraph 5 of schedule 2 to the 2004 Act.
(2) Paragraph 11(3) of schedule 5 to the 2004 Act shall apply to an order referred to in paragraph (1) as if it was an order referred to in paragraph 11(3) of that schedule.
22. The following provisions of the 1994 Regulations are revoked:–
(a)regulations 23 to 27;
(b)regulation 32;
(c)regulations 87 to 93;
(d)regulations 98 and 99; and
(e)Schedule 1.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: