The Conservation of Habitats and Species Regulations 2017

Notification of a proposal to classify a special protection area

16.—(1) If the appropriate authority proposes to classify a site as a special protection area under regulation 15, the authority must give to the appropriate nature conservation body—

(a) notice of that proposal; and

(b) an accompanying statement of the reasons for that proposal.

(2) Where the appropriate nature conservation body is given notice of a proposal under paragraph (1), the body must give notice of that proposal and provide a copy of the appropriate authority’s statement of reasons for that proposal to—

(a) any of the following who in its opinion ought to be notified—

(i) competent authorities which exercise functions in relation to the site;

(ii) competent authorities which exercise functions in relation to an area adjacent to the site; and

(iii) every owner and occupier of the site;

(b) such other persons as in its opinion ought to be notified; and

(c) such other persons as the appropriate authority directs.

(3) A notice under paragraph (2) must specify the date (being not less than 12 weeks from the date of the giving of the notice) by which representations with respect to the proposal may be made to the appropriate nature conservation body.

(4) The appropriate nature conservation body must provide to the appropriate authority a report describing the representations duly made, if any, that it received about the proposal, or, where no such representations have been received, stating that fact.

(5) The appropriate authority must consider the report provided under paragraph (4).

(6) The appropriate authority may issue guidance to the appropriate nature conservation body for the purposes of its functions under this regulation, and the appropriate nature conservation body must have regard to that guidance in discharging any of those functions.

(7) The appropriate authority may vary or revoke a direction under paragraph (2)(c).