Regulation 3B Review and guidanceF1F2
Scotland
The appropriate nature conservation body must from time to time—
review the extent to which the objective in regulation 3A(3) has been met, other than in relation to the Scottish marine area;
set out the conclusions of the review in a report, including any recommendations for further action; and
send the report to the Scottish Ministers.
In carrying out the review, the appropriate nature conservation body must, so far as is reasonable, take account of any measures taken which contribute to the achievement of that objective, whether or not taken pursuant to a requirement imposed by any enactment.
After consultation with the appropriate nature conservation body, the Scottish Ministers must give guidance to the Scottish Environment Protection Agency, F3... local authorities and National Park authorities—
to facilitate the determination by those bodies of the extent to which the diversity and area of wild bird habitat is sufficient; and
on the steps that it may be appropriate to take pursuant to regulation 3A(1) or (2).
In exercising a function to which regulation 3A(1) or (2) applies, a body to which guidance has been given under paragraph (3) of this regulation must have regard to that guidance.
Annotations
Textual amendments
- F1
Regulations revoked (E.W.) (1.4.2010 except so far as relating to the revocation in relation to W. of reg. 36 and specified words in reg. 3(3), 12.12.2014 in so far as not already in force) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)
- F2
Regs. 3-3B substituted for reg. 3 (S.) (16.8.2012) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2012 (S.S.I. 2012/228), regs. 1(1), 4
- F3
Words in reg. 3B(3) omitted (18.3.2021) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 2(4)