The Environmental Assessment of Plans and Programmes (Amendment) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the requirements of the Environmental Assessment of Plans and Programmes Regulations 2004 (“the SEA Regulations”).

The SEA Regulations implement Directive 2001/42/EC of the European Parliament and Council on the assessment of the effects of certain plans and programmes on the environment (“the SEA Directive”), as regards plans and programmes relating solely to any part of England. For this purpose, England is treated as including any territorial waters of the United Kingdom that are not within Northern Ireland, Scotland or Wales, and waters in areas for the time being designated under the Continental Shelf Act 1964. The SEA Regulations also implement the SEA Directive as regards plans and programmes relating to England and any other part of the United Kingdom. The SEA Regulations do not apply to plans and programmes relating exclusively to Northern Ireland, Scotland or Wales, for which separate provisions implement the SEA Directive.

The amendments made by regulations 4 to 7 of these Regulations make the temporary modifications, introduced by regulation 18 in response to the effect of coronavirus, permanent. Since these modifications are permanent they are made by textual amendment rather than transitory modification.

These amendments remove the requirements for a responsible authority (or the Secretary of State, as the case may be) to keep a copy of documents relating to the strategic environmental assessment of a plan or programme at its principal office for inspection, and provide for a copy to be obtainable from that office. Instead the responsible authority (or the Secretary of State) is required to: publish those documents on a public website at which the documents may be viewed and downloaded; provide a copy of those documents by email on request; provide a copy of those documents by post, unless it is not reasonably practicable to do so for reasons connected to the effects of coronavirus, including restrictions on movement; and make available a telephone number for the public to make enquiries in relation to those documents. The responsible authority or the Secretary of State may charge a reasonable amount for copies of those documents sent by post. These amendments amend the requirements to notify the public accordingly.

Regulation 8 of these Regulations revokes the transitory modifications made by regulation 18.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

These Regulations were notified to the European Commission in accordance with Article 13 of Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment and in line with the EU Withdrawal Agreement between the EU and the UK.