The Conservation of Habitats and Species Regulations 2017

Statutory Instruments

2017 No. 1012

Wildlife

Countryside

The Conservation of Habitats and Species Regulations 2017

Made

30th October 2017

Laid before Parliament

31st October 2017

Laid before the National Assembly for Wales

31st October 2017

Coming into force

30th November 2017

The Secretary of State is designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the environment, and the Welsh Ministers are designated(3) for those purposes in relation to the conservation of natural habitats and of wild fauna and flora.

The Secretary of State and the Welsh Ministers make these Regulations in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972 and paragraph 1A of Schedule 2 to that Act(4), and by section 307(3) and (5) of the Criminal Justice Act 2003(5).

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State and to the Welsh Ministers that it is expedient for any reference in these Regulations to an Annex to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(6) to be construed as a reference to that Annex as amended from time to time.

(1)

S.I. 2008/301.

(2)

1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1); and the European Union (Amendment) Act 2008 (c. 7), Part 1 of the Schedule.

(3)

S.I. 2002/248. The designation is subject to the exceptions set out in Schedule 2 to that Order. The functions conferred on the National Assembly for Wales by means of that Order are now exercisable by the Welsh Ministers, by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(4)

Paragraph 1A of Schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006, section 28. It was amended by the European Union (Amendment) Act 2008, Part 1 of the Schedule, and by S.I. 2007/1388.

(5)

2003 c. 44. Section 307(3) and (5) was amended by S.I. 2011/1043.

(6)

OJ No. L 206, 22.7.1992, p.7, as last amended by Council Directive 2013/17/EU (OJ No. L 158, 10.6.2013, p.193).