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22. After Regulation 35 add—
36.—(1) If a development comprises or forms part of a project serving national defence purposes and in the opinion of the Secretary of State compliance with the Environmental Impact Assessment (Scotland) Regulations 1999(1) would have an adverse effect on those purposes the Secretary of State may direct that those Regulations shall not apply to a project specified in the direction.
(2) The Secretary of State shall notify the Scottish Ministers prior to making a direction.
(3) The Secretary of State shall send a copy of the direction to the Scottish Ministers and the relevant planning authority.
37.—(1) If a development comprises or forms part of a project serving national defence purposes and in the opinion of the Secretary of State compliance with these Regulations as amended for Wales(2) would have an adverse effect on those purposes the Secretary of State may direct that these Regulations as amended for Wales shall not apply to a project specified in the direction.
(2) The Secretary of State shall notify the National Assembly for Wales prior to making a direction.
(3) The Secretary of State shall send a copy of the direction to the National Assembly for Wales and the relevant planning authority.
38.—(1) If a development comprises or forms part of a project serving national defence purposes and in the opinion of the Secretary of State compliance with the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999(3) would have an adverse effect on those purposes the Secretary of State may direct that those Regulations shall not apply to a project specified in the direction.
(2) The Secretary of State shall notify the Department of the Environment prior to making a direction.
(3) The Secretary of State shall send a copy of the direction to the relevant planning authority.”
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