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Regulation 69 Construction or improvement of highways or roadsF1I1

England, Wales and Scotland

(1)

Regulations 48 and 49 (requirement to consider effect on F2European sites in Great Britain and European offshore marine sites) apply in relation to any plan or project–

(a)

by the Secretary of State–

(i)

to construct a new highway or to improve, within the meaning of the Highways Act 1980f1, an existing highway, or

(ii)

to contruct a new road or to improve, within the meaning of the Roads (Scotland) Act 1984f2, an existing road; or

(b)

by a local highway authority or local roads authority, to carry out within the boundaries of a road any works required for the improvement of the road.

(2)

Regulations 50 and 51 (requirement to review certain decisions and consents, &c.) apply to any such plan or project as is mentioned in paragraph (1) unless the works have been completed before the site became a European site F3or European offshore marine site or, if later, the commencement of these Regulations.

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

Words in reg. 69(1) substituted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(39)(a) (with reg. 9)

F3

Words in reg. 69(2) inserted (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(39)(b) (with reg. 9)

Commencement

I1

Reg. 69 in force at 30.10.1994, see reg. 1(2)

Footnotes

f1

1980 c. 66; the expression “improvement” is defined in section 329(1) of the Act.

f2

1984 c. 54; the expression “improvement” is defined in section 151(1) of the Act.

Notes on Part IV

Modifications

C1

Pt. 4 power to disapply or modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 293(4)(5), 334(3)(j) (with s. 293(6))