Regulation 5 Regulation 40

In regulation 40 (exceptions to regulation 39)^f1 at the end insert–

“(4)

The exceptions to regulation 39 in paragraphs (1) and (2) shall not apply where it is shown that–

(a)

there was a satisfactory alternative to what was done; or

(b)

what was done was detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range.”.