SCHEDULE 6AMENDMENTS OF LEGISLATION

PART 2SUBORDINATE LEGISLATION

Amendment of the 2007 Regulations7

1

The 2007 Regulations are amended as follows.

2

In paragraph (2) of regulation 2 M1 (interpretation)—

a

after the definition of “the 1994 Regulations” insert—

“the 2010 Regulations” means the Conservation of Habitats and Species Regulations 2010 M2;

b

in paragraph (a) of the definition of “management scheme”, for “or regulation 29 of the Conservation (Natural Habitats, &c) Regulations (Northern Ireland) 1995” substitute “ , regulation 29 of the Conservation (Natural Habitats, &c) Regulations (Northern Ireland) 1995 or regulation 36 of the 2010 Regulations ”.

3

In paragraph (12) of regulation 19 M3 (management schemes for European offshore marine sites), for “or the Conservation (Natural Habitats, &c) Regulations (Northern Ireland) 1995.” substitute “ , the Conservation (Natural Habitats, &c) Regulations (Northern Ireland) 1995 or the 2010 Regulations. ”.

4

In regulation 25 M4 (protection of European offshore marine sites and European sites)—

a

in paragraph (7), for “1994” substitute “ Conservation ” (in both places); and

b

after paragraph (7) insert—

7A

In paragraph (7) “the Conservation Regulations” means either the 1994 Regulations or the 2010 Regulations (as the case may be).

5

In regulation 27 M5 (review of existing decisions and consents), for paragraph (8) substitute—

8

Regulations 87 and 88 of the 2010 Regulations (consents under Electricity Act 1989 M6: procedure on review and effect of review) apply in relation to any decision under paragraph (4) revoking or modifying a consent granted under section 36 M7 or 37 M8 of the Electricity Act 1989 as they apply in relation to a decision pursuant to regulation 86 of the 2010 Regulations revoking or varying any such consent, but with the modifications specified in paragraphs (9) and (10).

9

In regulation 87—

a

in paragraph (1)—

i

for “86(3), (5) or (6)” substitute “ 86(3) or (5) ”,

ii

omit “or a direction deeming planning permission to be granted”,

iii

in sub-paragraph (a), omit “or, as the case may be, in whose favour the direction was made”, and

iv

in sub-paragraph (b), omit “in the case of a consent under section 36 of the Electricity Act 1989,”;

b

omit paragraph (2)(a); and

c

in paragraph (4)—

i

omit “, or the relevant planning authority,”, and

ii

in sub-paragraph (a), omit “or the relevant planning authority (as the case may be)”.

10

In regulation 88—

a

in paragraph (1)—

i

for “86(3), (5) or (6)” substitute “ 86(3) or (5) ”, and

ii

omit “or a direction deeming planning permission to be granted”; and

b

in paragraphs (2) and (3), omit “or direction” (in all places).