Regulation 2 Amendments to the Regulations

(1)

Regulation 3 of the 1990 Regulations (prohibition of grant of consent or authorisation without consideration of environmental information) shall be amended as follows.

(2)

In regulation 3(1), after the word “consideration” there shall be inserted “and states in his decision in relation to that consent or authorisation that he has done so”.

(3)

In regulation 3(2)—

(a)

in sub-paragraph (a), the words from “or to extend” to “less than 300 megawatts; or” shall be omitted;

(b)

after sub-paragraph (a) there shall be inserted the following sub-paragraph—

(aa)

an application falling within paragraph (1)(a) to extend any generating station; or’’;

and

(c)

in the words following sub-paragraph (b), the words from “in relation to the application” to “in his opinion” shall be omitted.

(4)

After regulation 3(2) there shall be inserted the following paragraph—

“(3)

For the purposes of paragraph (2), a determination as to whether a proposed development would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location shall be carried out by the Secretary of State.”.