37A.—(1) The Secretary of State (in relation to England) and the Welsh Ministers (in relation to Wales) shall make arrangements [F2in accordance with paragraphs (3A) to (3C)] for the surveillance of the conservation status of natural habitats of Community interest and species of Community interest, and in particular priority natural habitat types and priority species.
(2) The Secretary of State shall, from time to time—
(a)consult the devolved administrations about the arrangements he has made under paragraph (1);
(b)provide the devolved administrations with such information as he considers appropriate that has been derived from the surveillance arranged by him under paragraph (1); and
(c)review the arrangements he has made under paragraph (1) and, if he thinks it appropriate, revise those arrangements.
(3) The Welsh Ministers shall, from to time—
(a)consult the Secretary of State and the other devolved administrations about the arrangements they have made under paragraph (1);
(b)provide the Secretary of State and the other devolved administrations with such information as they consider appropriate that has been derived from the surveillance arranged by them under paragraph (1); and
(c)review the arrangements they have made under paragraph (1) and, if they think it appropriate, revise those arrangements.
[F3(3A) The appropriate nature conservation body shall—
(a)assess how and to what extent surveillance of the conservation status of each relevant habitat and species needs to be carried out, having regard to—
(i)whether a habitat or species is a priority natural habitat type or priority species; and
(ii)the conservation status of the habitat or species; and
(b)advise the Secretary of State or the Welsh Ministers as to the need for such surveillance.
(3B) The Secretary of State (in England) and the Welsh Ministers (in Wales) shall ensure that the necessary surveillance is carried out on an ongoing basis.
(3C) Surveillance for the purposes of this regulation may be carried out by—
(a)a nature conservation body;
(b)any other person acting pursuant to, and in accordance with, an agreement with the Secretary of State, the Welsh Ministers or a nature conservation body.
(3D) In paragraph (3A), a “relevant” habitat or species means a habitat or species in England or Wales of a type referred to in paragraph (1).]
(4) In this regulation “the devolved administrations” means the Welsh Ministers, the Department of the Environment in Northern Ireland and the Scottish Ministers.]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Regs. 37A-37E inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(12) (with reg. 9)
F2Words in reg. 37A(1) inserted (30.1.2009) by The Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/6), regs. 1(1), 5(a)