The Conservation of Habitats and Species Regulations 2010

Type Statutory-Instrument
Publication 2010-03-01
Last updated 2017-11-30
State In force
Department King's Printer of Acts of Parliament
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articles Not indexed
Reform history JSON API

[^f00071]: Section 5 was amended by the Planning and Compensation Act 1991 (c. 34), paragraph 1 of Schedule 15 and Part 3 of Schedule 19, and by S.I. 2009/1307.

[^f00072]: 1981 c. 67.

[^f00073]: 1965 c. 56.

[^f00074]: 1949 c. 74; section 34 was amended by the Merchant Shipping Act 1988 (c. 12), section 36, and by the Statute Law Revision Act 1953 (c. 5).

[^f00075]: Section 17(3) was amended by the Planning Act 2008 (c. 29), section 180(3)(b).

[^f00076]: 2004 c. 5.

[^f00077]: 2009 c. 20.

[^f00078]: Section 12(3A) was inserted by the Planning and Compensation Act 1991 (c. 34), paragraph 2(1) of Schedule 4. Part 2 of the TCPA 1990 (which includes sections 12, 31 and 36) was repealed by the Planning and Compulsory Purchase Act 2004 (c. 5), Schedule 9, subject to transitional provisions contained in Schedule 8 to that Act. In relation to Wales, transitional provisions contained in article 4 of S.I. 2005/1229 (W. 87) (C. 56) have the effect that section 12 of the TCPA 1990 continues to apply in relation to certain local planning authorities.

[^f00079]: Section 31(3) was substituted by the Planning and Compensation Act 1991 (c. 34), paragraph 16 of Schedule 4.

[^f00080]: Section 36 was substituted by the Planning and Compensation Act 1991 (c. 34), paragraph 17 of Schedule 4.

[^f00081]: 2008 c. 29.

[^f00082]: Relevant amendments were made to section 9 by the Countryside and Rights of Way Act 2000 (c. 37), paragraph 5(b) of Schedule 12.

[^f00083]: Relevant amendments were made to section 11 by the Wildlife and Countryside (Amendment) Act 1991 (c. 39), section 2.

[^f00084]: Section 17 was amended by the Countryside and Rights of Way Act 2000 (c. 37), Part 4 of Schedule 16.

[^f00085]: Regulation 39 was amended by S.I. 2009/7.

[^f00086]: Section 17 was amended by the Countryside and Rights of Way Act 2000 (c. 37), Part 4 of Schedule 16.

[^f00087]: S.I. 1997/1372, amended by S.I. 2005/1674, 2007/2952 and 2009/1773.

[^f00088]: A relevant amendment was made to section 21(6) by the Natural Environment and Rural Communities Act 2006 (c. 16) (“the 2006 Act”), paragraph 73(1) of Schedule 11.

[^f00089]: Section 18C was inserted by the 2006 Act, paragraph 1 of Schedule 5.

[^f00090]: Section 18E was inserted by the 2006 Act (by the same provisions as inserted section 18C).

[^f00091]: Section 19XA was inserted by the 2006 Act, paragraph 3 of Schedule 5, and amended by the Criminal Justice and Immigration Act 2008 (c. 4), paragraph 7 of Schedule 26.

[^f00092]: A relevant amendment to section 14 was made by the Countryside and Rights of Way Act 2000 (c. 37), Part 4 of Schedule 16.

[^f00093]: 1911 c. 27; a relevant amendment to section 8 was made by the Protection of Animals (Amendment) Act 1927 (c. 27), section 1.

[^f00094]: Relevant amendments were made to section 90 by the Environment Act 1995 (c. 25), paragraph 32(4) of Schedule 10, and the Transport and Works Act 1992 (c. 42), section 16(1).

[^f00095]: 2008 c. 29.

[^f00096]: 1997 c. 8.

[^f00097]: 1962 c. 58; section 5(1) was amended by S.I. 1999/742, paragraph 2(3) of the Schedule.

[^f00098]: Section 293A was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5), section 82(1).

[^f00099]: Section 78 was amended by the Planning and Compensation Act 1991 (c. 34), section 17(2); the Planning and Compulsory Purchase Act 2004 (c. 5), sections 40(2)(e) and 43(2); and the Planning Act 2008 (c. 29), paragraphs 1 and 3 of Schedule 10 and paragraphs 1 and 2 of Schedule 11.

[^f00100]: Section 177(1) (a) was substituted by the Planning and Compensation Act 1991 (c. 34), paragraph 24(1)(a) of Schedule 7.

[^f00101]: Section 90(1) was amended by the Environment Act 1995 (c. 25), paragraph 32(4) of Schedule 10.

[^f00102]: Subsection (2A) of section 90 was inserted by the Transport and Works Act 1992 (c. 42), section 16(1).

[^f00103]: 1997 c. 8.

[^f00104]: 1989 c. 29.

[^f00105]: 1962 c. 58; section 5(1) was amended by S.I. 1999/742, paragraph 2(3) of the Schedule.

[^f00106]: Section 102 was amended by the Planning and Compensation Act 1991 (c. 34), paragraph 6 of Schedule 1 and paragraph 21 of Schedule 7.

[^f00107]: Paragraph 1 of Schedule 9 was amended by the Planning and Compensation Act 1991 (c. 34), paragraph 15 of Schedule 1.

[^f00108]: 1990 c. 9.

[^f00109]: There are amendments to section 92 which are not relevant.

[^f00110]: 1980 c. 65. Schedule 32 was amended by the New Towns Act 1981 (c. 64), paragraph 28 of Schedule 12; the Local Government (Wales) Act 1994 (c. 19), paragraph 59(9) of Schedule 16 and Schedule 18; and the Planning (Consequential Provisions) Act 1990 (c. 11), Part 1 of Schedule 1 and paragraph 44(14) of Schedule 2.

[^f00111]: Section 1 was amended by the Criminal Justice Act 1982 (c. 48), sections 37, 38 and 46; S.I. 1999/742, paragraph 2(2) of the Schedule; S.I. 2007/1519, paragraph 4(1) of the Schedule; and the Planning Act 2008 (c. 29), paragraphs 5 and 6 of Schedule 2.

[^f00112]: 1989 c. 29. Section 36 was amended by the Energy Act 2004 (c. 20), section 93(1) and (3); the Planning Act 2008 (c. 29), paragraphs 31 and 32 of Schedule 2; the Marine and Coastal Access Act 2009 (c. 23), section 12(7)(a) and (8); and, in relation to Scotland, by S.I. 2006/1054, paragraph 1(1) and (2) of Schedule 1. Section 37 was amended by the Planning Act 2008, paragraphs 31 and 33 of Schedule 2.

[^f00113]: 1992 c. 42; sections 1 and 3 were amended by the Planning Act 2008 (c. 29), paragraphs 51, 52 and 53 of Schedule 2.

[^f00114]: Section 97 was amended by the Planning and Compensation Act 1991 (c. 34), paragraph 4 of Schedule 1 and Part 1 of Schedule 19.

[^f00115]: Paragraph 1 of Schedule 1 was amended by the Planning and Compensation Act 1991 (c. 34), paragraph 13 of Schedule 1 and Part 1 of Schedule 19.

[^f00116]: Section 106 was substituted by the Planning and Compensation Act 1991 (c. 34), section 12(1), and amended by the Greater London Authority Act 2007 (c. 24), section 33.

[^f00117]: Section 102 was amended by the Planning and Compensation Act 1991 (c. 34), paragraph 6 of Schedule 1 and paragraph 21 of Schedule 7.

[^f00118]: Paragraph 1of Schedule 9 was amended by the Planning and Compensation Act 1991 (c. 34), paragraph 15 of Schedule 1.

[^f00119]: Section 107 was amended by the Planning and Compensation Act 1991 (c. 34), paragraph 8 of Schedule 1 and paragraph 13 of Schedule 6.

[^f00120]: 2008 c. 29.

[^f00121]: See sections 64(2) and 235.

[^f00122]: 1980 c. 66; see definition of “improvement” in section 329(1).

[^f00123]: 1984 c. 38; section 3(10) was amended by the Planning (Consequential Provisions) Act 1990 (c. 11), paragraph 66 of Schedule 2.

[^f00124]: 1989 c. 29; section 36 was amended by the Energy Act 2004 (c. 20), section 93(1) and (3); the Planning Act 2008 (c. 29), paragraphs 31 and 32 of Schedule 2; the Marine and Coastal Access Act 2009 (c. 23), section 12(7)(a) and (8); and, in relation to Scotland, by S.I. 2006/1054, paragraph 1(1) and (2) of Schedule 1.

[^f00125]: Section 37 was amended by the Planning Act 2008 (c. 29), paragraphs 31 and 33 of Schedule 2.

[^f00126]: Paragraph 2(6) of Schedule 8 was amended by the Planning (Consequential Provisions) Act 1990 (c. 11), paragraph 83(1) of Schedule 2; the Local Government (Wales) Act 1994 (c. 19), paragraph 22 of Schedule 6 and Schedule 18; and the Environment Act 1995 (c. 25), paragraph 30(1), (3) and (6) of Schedule 10 and Schedule 24.

[^f00127]: Section 97 was amended by the Planning and Compensation Act 1991 (c. 34), paragraph 4 of Schedule 1 and Part 1 of Schedule 19.

[^f00128]: 1997 c. 8.

[^f00129]: Section 65 was amended by S.S.I. 2006/243.

[^f00130]: 1962 c. 58; see section 1, which relates to pipe-line construction authorisations.

[^f00131]: Schedule 1 was amended by the Petroleum Act 1987 (c. 12), section 25, and by S.I. 1992/449 and 1999/742.

[^f00132]: Section 97 was amended by the Planning and Compensation Act 1991 (c. 34), paragraph 4 of Schedule 1 and Part 1 of Schedule 19.

[^f00133]: 1997 c. 8.

[^f00134]: Section 65 was amended by S.S.I. 2006/243.

[^f00135]: 1992 c. 42; sections 1 and 3 were amended by the Planning Act 2008 (c. 29), paragraphs 51, 52 and 53 of Schedule 2.

[^f00136]: Section 97 was amended by the Planning and Compensation Act 1991 (c. 34), paragraph 4 of Schedule 1 and Part 1 of Schedule 19.

[^f00137]: S.I. 2007/3538.

[^f00138]: 1991 c. 57.

[^f00139]: Section 27A was inserted by the Water Act 2003 (c. 37), section 6(1).

[^f00140]: Section 33A was inserted by the Water Act 2003 (c. 37), section 9.

[^f00141]: Section 24 was amended by S.I. 1996/593, Schedule 2; by the Environment Act 1995 (c. 25), paragraph 128 of Schedule 22; and by the Water Act 2003 (c. 37), section 60(1).

[^f00142]: Section 73 was amended by the Environment Act 1995 (c. 25), paragraphs 128 and 139 of Schedule 22.

[^f00143]: Section 79A was inserted by the Environment Act 1995 (c. 25), paragraph 140 of Schedule 22, and amended by the Water Act 2003 (c. 37), section 64(3) and Part 3 of Schedule 9.

[^f00144]: 1991 c. 56; section 166 was amended by the Environment Act 1995 (c. 25), paragraph 118 of Schedule 22.

[^f00145]: Section 164 was amended by the Environment Act 1995 (c. 25), paragraph 128 of Schedule 22.

[^f00146]: Section 167 was amended by the Planning Act 2008 (c. 29), paragraph 50 of Schedule 2.

[^f00147]: Section 168 was amended by the Environment Act 1995 (c. 25), paragraph 128 of Schedule 22.

[^f00148]: 1991 c. 56.

[^f00149]: 1991 c. 57.

[^f00150]: S.I. 2007/1067.

[^f00151]: S.I. 2007/2610.

[^f00152]: 1985 c. 48.

[^f00153]: 1949 c. 74; section 34 was amended by the Merchant Shipping Act 1988 (c. 12), section 36, and the Statute Law Revision Act 1953 (c. 5).

[^f00154]: 1862 c. 69; section 9 was amended by SR & O 1921/1804.

[^f00155]: 1964 c. 40; sections 14 and 16 were amended by the Transport Act 1981 (c. 56) , paragraphs 3 and 14 of Schedule 6 and Schedule 12; the Criminal Justice Act 1982 (c. 48), sections 37 and 46; the Transport and Works Act 1992 (c. 42), paragraphs 1 and 2 of Schedule 3; S.I. 2006/1177; the Planning Act 2008 (c. 29), paragraphs 8, 9 and 10 of Schedule 2; and S.I. 2009/1941.

[^f00156]: S.I. 2008/2349; Part 3A was inserted by S.I. 2009/3160.

[^f00157]: S.I. 2008/3143 (W.278); Part 3A was inserted by S.I. 2010/489 (W.55).

[^f00158]: Section 28 was amended by the Local Democracy, Economic Development and Construction Act 2009 (c. 20), paragraphs 12 and 16 of Schedule 5.

[^f00159]: 2008 c. 29.

[^f00160]: 1999 c. 29.

[^f00161]: 2004 c. 5.

[^f00162]: S.I. 2005/1229 (W.87) (C.56), amended by S.I. 2005/2722 (W.193) (C.110).

[^f00163]: 2009 c. 20.

[^f00164]: Section 18 was amended by the Planning Act 2008 (c. 29), section 180(1) and (4) and Schedule 13.

[^f00165]: Section 60 was amended by the Government of Wales Act 2006 (c. 32), paragraph 66 of Schedule 10 and Schedule 12.

[^f00166]: Sections 32 to 40 in Part 2 of the TCPA 1990 were substituted by the Planning and Compensation Act 1991 (c. 34), paragraph 17 of Schedule 4; Part 2 of the TCPA 1990 was repealed by the 2004 Planning Act, Schedule 9, subject to transitional provisions contained in Schedule 8 to that Act.

[^f00167]: Article 4 contains transitional provisions; it was revoked by S.I. 2005/2722 (W.193) (C.110), but that S.I. was amended by S.I. 2006/842 (W.77) with the effect that the transitional provisions in Article 4 of the 2005 Order continue to apply in relation to the local planning authorities in Wales listed in the Schedule to S.I. 2005/2722.

[^f00168]: Section 35A was inserted by the Planning and Compensation Act 1991 (c. 34), paragraph 17 of Schedule 4.

[^f00169]: Section 15(1) was substituted by the Planning and Compensation Act 1991 (c. 34), paragraph 6 of Schedule 4.

[^f00170]: Section 21 was amended by the Planning and Compensation Act 1991 (c. 34), paragraph 12(2) of Schedule 4 and Schedule 19.

[^f00171]: Section 43 was amended by the Planning and Compensation Act 1991 (c. 34), paragraph 19(1) of Schedule 4.

[^f00172]: 1984 c. 60; section 24 was substituted by the Serious Organised Crime and Police Act 2005 (c. 15), section 110(1).

[^f00173]: See section 1 of the Land Drainage Act 1991 (c. 59).

[^f00174]: 1972 c. 70; section 250 was amended by the Criminal Justice Act 1982 (c. 48), sections 37, 38 and 46; the Housing and Planning Act 1986 (c. 63), Part 3 of Schedule 12; and the Statute Law (Repeals) Act 1989 (c. 43).

[^f00175]: 1978 c. 30.

[^f00176]: 1981 c. 67.

[^f00177]: Regulation 37(3) was inserted by S.I. 2009/2438.

[^f00178]: Regulations 67A and 67B were inserted, and regulation 68 was substituted, by S.I. 2009/2438.

[^f00179]: Both regulations 85F were inserted by S.I. 2009/2438, one applying in England and Wales and the other in Scotland.

[^f00180]: Regulation 37D was inserted by S.I. 2007/1843.

[^f00181]: Paragraph (2A) of regulation 44 was inserted by S.I. 2007/1843.

[^f00182]: 1978 c. 30.

[^f00183]: 1972 c. 70; section 250 was amended by the Criminal Justice Act 1982 (c. 48), sections 37, 38 and 46; the Housing and Planning Act 1986 (c. 63), Part 3 of Schedule 12; and the Statute Law (Repeals) Act 1989 (c. 43).

[^f00184]: A copy of this Finnish Act can be obtained from the Wildlife Species Conservation Division, Defra, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6EB.

[^f00185]: 1964 c. 40.

[^f00186]: The definition of “sensitive area” was amended by S.I. 1999/3445; the Countryside and Rights of Way Act 2000 (c. 37), paragraph 3 of Schedule 10, paragraph 4 of Schedule 15 and Part 3 of Schedule 16; the Nature Conservation (Scotland) Act 2004 (asp 6), paragraph 1 of Schedule 7; the Transport and Works (Scotland) Act 2007 (asp 8), section 25(1) and (5)(a)(ii) and (iii); and S.S.I. 2008/202.

[^f00187]: 1970 c. 30.

[^f00188]: Subsection (4A) was inserted, in relation to England and Wales, by S.I. 2007/1843 (subsection (4A) was inserted in relation to Scotland by S.S.I. 2007/80).

[^f00189]: 1980 c. 66.

[^f00190]: Section 105A was inserted by S.I. 1988/1241 and substituted by S.I. 1999/369.

[^f00191]: Subsection (6) was amended by the Countryside and Rights of Way Act 2000 (c. 37), paragraph 5 of Schedule 10, paragraph 5 of Schedule 15 and Part 3 of Schedule 16.

[^f00192]: 2005 c. 4.

[^f00193]: There are amendments to Part 3 of Schedule 14 not relevant to these Regulations.

[^f00194]: There are amendments to regulation 3 not relevant to these Regulations.

[^f00195]: There are amendments to regulation 2 not relevant to these Regulations.

[^f00196]: S.I. 2010/490.

[^f00197]: There are amendments to regulation 19 not relevant to these Regulations.

[^f00198]: There are amendments to regulation 25 not relevant to these Regulations.

[^f00199]: There are amendments to regulation 27 not relevant to these Regulations.

[^f00200]: 1989 c. 29.

[^f00201]: Section 36 was amended by the Energy Act 2004 (c. 20), section 93(1) and (3); the Planning Act 2008 (c. 29), paragraphs 31 and 32 of Schedule 2; the Marine and Coastal Access Act 2009 (c. 23), section 12(7)(a) and (8); and, in relation to Scotland, by S.I. 2006/1054, paragraph 1(1) and (2) of Schedule 1.

[^f00202]: Section 37 was amended by the Planning Act 2008 (c. 29), paragraphs 31 and 33 of Schedule 2.

[^f00203]: S.I. 2000/1973 was revoked by S.I. 2007/3538, but regulation 72(9) of S.I. 2007/3538 contains a saving in relation to amendments to enactments made by S.I. 2000/1973.

[^f00204]: S.I. 1994/2716.

[^f00205]: 2009 c. 23.

[^f00206]: OJ No L 206, 22.7.1992, p. 7, last amended by Council Directive 2006/105/EC (OJ No L 363, 20.12.2006, p. 368).

Coming into operation

Publicity for orders

Unopposed orders

Opposed orders

Restriction on power to amend orders or confirm them with modifications

Notice of final decision on order

Proceedings for questioning validity of orders

Interpretation

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Editorial notes

[^c2016806]: S.I. 2008/301.

[^c2016807]: 1972 c. 68.

[^c2016808]: 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).

[^c2016809]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

[^c2016810]: 2003 c. 44.

[^c2016811]: OJ No L 206, 22.7.1992, p. 7, last amended by Council Directive 2006/105/EC (OJ No L 363, 20.12.2006, p. 368).

[^c2016812]: 2009 c. 23.

[^c2016813]: S.I. 1994/2716.

[^c2016814]: 2008 c. 29.

[^c2016815]: 1997 c. 8.

[^c2016816]: 1962 c. 58; section 5(1) was amended by S.I. 1999/742, paragraph 2(3) of the Schedule.

[^c2016817]: S.I. 2007/1842.

[^c2016818]: 1949 c. 97.

[^c2016819]: S.I. 1994/2716, amended by the Environment Act 1995 (c. 25), paragraph 233 of Schedule 22, the Land Reform (Scotland) Act 2003 (asp 2), paragraphs 14 to 16 of Schedule 2, and S.I. 1996/525, S.I. 1996/973, S.I. 1997/3055, S.I. 1999/1820, S.I. 2000/192, S.S.I. 2000/323, S.I. 2000/1973, S.I. 2003/2155, S.S.I. 2004/475, S.I. 2005/3389, S.S.I. 2006/270, S.I. 2006/1282, S.S.I. 2007/80, S.S.I. 2007/349, S.S.I. 2007/485, S.S.I. 2007/517, S.I. 2007/1843, S.I. 2007/3538, S.S.I. 2008/17, S.S.I. 2008/425, S.S.I. 2008/427, S.I. 2008/2172, S.I. 2009/6, S.S.I. 2009/222, S.S.I. 2009/343, S.I. 2009/1307, S.I. 2009/2438, S.I. 2009/3160 and S.I. 2010/489 (W. 55).

[^c2016820]: S.I. 2007/1842, amended by S.S.I. 2007/485, S.I. 2009/7 and S.I. 2010/491.

[^c2016821]: 1978 c. 30.

[^c2016822]: 1990 c. 8.

[^c2016823]: 2009 c. 23.

[^c2016824]: OJ No L 20, 26.1.2010, p. 7.

[^c2016825]: OJ No L 103, 25.4.1979, p. 1; the old Wild Birds Directive was repealed by the new Wild Birds Directive.

[^c2016826]: 1990 c. 8.

[^c2016827]: 1981 c. 69.

[^c2016828]: S.I. 1999/672. These provisions continue to have effect as if made under section 158(3) of the Government of Wales Act 2006 (c. 32), by virtue of paragraph 26(3) of Schedule 11 to that Act.

[^c2016829]: S.I. 1999/1126.

[^c2016991]: 1964 c. 40.

[^c2016992]: The definition of “sensitive area” was amended by S.I. 1999/3445; the Countryside and Rights of Way Act 2000 (c. 37), paragraph 3 of Schedule 10, paragraph 4 of Schedule 15 and Part 3 of Schedule 16; the Nature Conservation (Scotland) Act 2004 (asp 6), paragraph 1 of Schedule 7; the Transport and Works (Scotland) Act 2007 (asp 8), section 25(1) and (5)(a)(ii) and (iii); and S.S.I. 2008/202.

[^c2016993]: 1970 c. 30.

[^c2016994]: Subsection (4A) was inserted, in relation to England and Wales, by S.I. 2007/1843 (subsection (4A) was inserted in relation to Scotland by S.S.I. 2007/80).

[^c2016995]: 1980 c. 66.

[^c2016996]: Section 105A was inserted by S.I. 1988/1241 and substituted by S.I. 1999/369.

[^c2016997]: Subsection (6) was amended by the Countryside and Rights of Way Act 2000 (c. 37), paragraph 5 of Schedule 10, paragraph 5 of Schedule 15 and Part 3 of Schedule 16.

[^c2016998]: 2005 c. 4.

[^c2016999]: There are amendments to Part 3 of Schedule 14 not relevant to these Regulations.

[^c2017001]: There are amendments to regulation 2 not relevant to these Regulations.

[^c2017002]: S.I. 2010/490.

[^c2017003]: There are amendments to regulation 19 not relevant to these Regulations.

[^c2017004]: There are amendments to regulation 25 not relevant to these Regulations.

[^c2017005]: There are amendments to regulation 27 not relevant to these Regulations.

[^c2017006]: 1989 c. 29.

[^c2017007]: Section 36 was amended by the Energy Act 2004 (c. 20), section 93(1) and (3); the Planning Act 2008 (c. 29), paragraphs 31 and 32 of Schedule 2; the Marine and Coastal Access Act 2009 (c. 23), section 12(7)(a) and (8); and, in relation to Scotland, by S.I. 2006/1054, paragraph 1(1) and (2) of Schedule 1.

[^c2017008]: Section 37 was amended by the Planning Act 2008 (c. 29), paragraphs 31 and 33 of Schedule 2.

[^c2017010]: S.I. 1994/2716.

[^c2017011]: 2009 c. 23.

[^c2017012]: OJ No L 206, 22.7.1992, p. 7, last amended by Council Directive 2006/105/EC (OJ No L 363, 20.12.2006, p. 368).

[^key-6d12a0e2f08b1d713b8dac3b405767e4]: Reg. 73 excluded (1.9.2010) by The Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010 (S.I. 2010/2020), art. 1(1), Sch. 4 para. 2 (with Sch. 4 para. 3)

[^key-a76f26cb3b037085b76ba2029e4c6443]: Reg. 2(2)(ha) inserted (6.4.2011) by The Conservation of Habitats and Species (Amendment) Regulations 2011 (S.I. 2011/625), regs. 1(1), 3(a)(i)

[^key-4dbb0cf953bd3070d1bb67146aad6111]: Reg. 2(2)(ia) inserted (6.4.2011) by The Conservation of Habitats and Species (Amendment) Regulations 2011 (S.I. 2011/625), regs. 1(1), 3(a)(iii)

[^key-a588610cef4b49d971fc35876e749e48]: Word in reg. 2(2)(i) omitted (6.4.2011) by virtue of The Conservation of Habitats and Species (Amendment) Regulations 2011 (S.I. 2011/625), regs. 1(1), 3(a)(ii)

[^key-66452b0ecc92e7db610e362aed220655]: Words in reg. 2(3)(a) inserted (6.4.2011) by The Conservation of Habitats and Species (Amendment) Regulations 2011 (S.I. 2011/625), regs. 1(1), 3(b)

[^key-dab0648863183efa38955f58910a929c]: Reg. 73 excluded (7.4.2011) by The Associated British Ports (Grimsby Riverside Ro-Ro Terminal) Harbour Revision Order 2011 (S.I. 2011/950), arts. 1, 20(1)(2)

[^key-b33e6b6186937888ec25c5280e230fc5]: Reg. 78A and cross-heading inserted (6.4.2012) by The Neighbourhood Planning (General) Regulations 2012 (S.I. 2012/637), reg. 1, Sch. 2 para. 3

[^key-1bb4736bd793c4c1ffd64f37c2aa7e09]: Reg. 73 excluded (16.8.2012) by The Hinkley Point Harbour Empowerment Order 2012 (S.I. 2012/1914), arts. 1(1), 36 (with arts. 34, 35, 37, 40)

[^key-2f757246f21c9eac56d2083b8700f673]: Reg. 2(4)-(4B) substituted for reg. 2(4) (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 3(3)

[^key-734d1759e74c6e63f76505bc3cdb5a9a]: Reg. 2(2)(ca) inserted (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 3(2)(b)

[^key-8df0e2c110c1684a08209e5867836184]: Reg. 2(2)(b) substituted (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 3(2)(a)

[^key-ed77310903f2f39d3155fca69465a0ed]: Reg. 2(5) omitted (16.8.2012) by virtue of The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 3(4)

[^key-e78fddf70141c971958bd58d95378712]: Words in reg. 3(1) substituted (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(2)(a)

[^key-05fdd82b31ddc1faa3a686e7a1349fa2]: Words in reg. 3(1) inserted (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(2)(b)

[^key-95d6526f5f4ac068f7392cf60cb686c0]: Words in reg. 3(1) substituted (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(2)(c)

[^key-064413b2475547b81afa276ac3c06f88]: Words in reg. 3(1) inserted (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(2)(d)

[^key-5245a0208987c4f2c31d0657f4e75369]: Word in reg. 3(1) omitted (16.8.2012) by virtue of The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(2)(e)

[^key-c29fa5de475e65888b82ff5a1e794522]: Word in reg. 3(1) substituted (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(2)(f)

[^key-a6b01c3b727802b706dfb8825574cdd4]: Words in reg. 3(1) inserted (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(2)(g)

[^key-a1d39f11ed687fd3b516b228c9d9bf23]: Word in reg. 3(6)(c) omitted (16.8.2012) by virtue of The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(3)(a)

[^key-b59607edbbec0645043126cfe203818c]: Reg. 3(6)(e)(f) added (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(3)(c)

[^key-e10508141bcd805733c2983d77df8a9e]: Words in reg. 3(6)(d) substituted (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(3)(b)

[^key-9cb4a51f08483a6c8ca70de11e17359c]: Words in reg. 3(7)(a) substituted (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(4)(a)

[^key-7a495833a86efe0b82b31e82263feb56]: Word in reg. 3(7)(a) omitted (16.8.2012) by virtue of The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(4)(b)

[^key-69b40aea2573d48a41b5a771bd6527fd]: Reg. 3(7)(b)(c) substituted for reg. 3(7)(b) (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(4)(c)

[^key-3c9ae6bf692d97f4b5f80fac603039a0]: Reg. 3(8)(a) substituted (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(5)(a)

[^key-a888dee72ce31bd7546646f38426df45]: Reg. 3(8)(d) added (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(5)(d)

[^key-ab8006fd0441b34eb8e7b4a3a9cbe144]: Words in reg. 3(8)(b) substituted (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(5)(b)(i)

[^key-25a7504655fa931bbf9ad3683bdd969b]: Word in reg. 3(8)(b) omitted (16.8.2012) by virtue of The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(5)(b)(ii)

[^key-2339eaf0293856c173eb2d8975429dbc]: Words in reg. 3(8)(c) substituted (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(5)(c)(i)

[^key-04f16630c873ed0c687275e910da4b5b]: Words in reg. 3(8)(c) substituted (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 4(5)(c)(ii)

[^key-9575de86c89fb98cca6c198e038d2f02]: Reg. 22 revoked (16.8.2012) by The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 14

[^key-75a81abc3ef37a8274da805b9b2d9444]: Sch. 6 para. 6 omitted (16.8.2012) by virtue of The Conservation of Habitats and Species (Amendment) Regulations 2012 (S.I. 2012/1927), regs. 1(1), 24

[^key-1016523b5229c5961e67db14ce08b6f0]: Reg. 73 excluded (cond.) (3.12.2014) by The Associated British Ports (Fisher Fleet Quay) Harbour Revision Order 2014 (S.I. 2014/2933), arts. 1, 16 (with art. 14)

[^key-2eb09709950b3c0147cc0457f1e051da]: Reg. 73 excluded (E.W.S.) (10.7.2015) by The Poole Harbour (Works) Revision Order 2015 (S.I. 2015/1390), arts. 1(1), 19(1) (with arts. 16-18, 19(2))

[^key-e3b7ad51f425fa8b634368b347669194]: Regs. 4-21 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

[^key-95b6d3824852de6ba0a4dd4ed22dc461]: Regs. 23-72 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

[^key-e02dbacf3e42ca307bc1ed434ff0895f]: Regs. 74-76 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

[^key-fd903ae7a6e0c6e869ce0b45a2cbf79e]: Regs. 81-131 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

[^key-e1e72a186a4d63b75ae669b18d0bb0d4]: Regs. 133-135 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

[^key-673da72460577702f1b60ed1a3c84b41]: Sch. 1 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

[^key-04570ba2256f17544c1797a44cc3e3e5]: Sch. 2 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

[^key-c419866c8af4d0adc705da59164950e2]: Sch. 3 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

[^key-7d4d06192716acde5869be082a06748e]: Sch. 4 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

[^key-b42b9f71bb042dece572c04a2dd93b31]: Sch. 5 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

[^key-3a4f4162d6cec2b4711591c1a31ea299]: Sch. 7 revoked (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

[^key-3e99a5d3e22416837dd66f39e2661133]: Reg. 73 revoked in part (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

[^key-de13dd19ad012e3ed7eb522a0e9a5cca]: Reg. 77 revoked in part (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

[^key-41d0cac1db44e038b7b3df695ed18180]: Reg. 78 revoked in part (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

[^key-d7c97e83c9d327d1feb802889858bd02]: Reg. 78A revoked in part (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

[^key-5e22e350c0102371e2136576f0d78285]: Reg. 79 revoked in part (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

[^key-0ec3a78c310d71e05ffb046ce7a1aabc]: Reg. 80 revoked in part (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 7

Classification of sites as special protection areas

12A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of a proposal to classify a special protection area

12B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 9 — Marine policy statement and marine plans

Marine policy statement

107A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marine plan

107B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Neighbourhood development orders

Neighbourhood development orders

78A

A neighbourhood development order may not grant planning permission for development which—

  • (a) is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects); and
  • (b) is not directly connected with or necessary to the management of the site.

Assessment of implications for European site: neighbourhood development plans

102A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Considerations of overriding public interest

Co-ordination for land use plan prepared by more than one authority

Compensatory measures

Duties relating to compliance with the Directives

Duties in relation to wild bird habitat

9A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review by appropriate nature conservation body

9B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sites of special scientific interest which become European sites: duty to review

Research

129A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local inquiries

Notices

Amendments of legislation

Revocations

Transitional provisions

Review

135

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Advisory role of Natural England, the Natural Resources Body for Wales and Scottish Natural Heritage

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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