Regulation 9 Determinations of the responsible authority

England and Wales

(1)

The responsible authority must determine whether or not a plan, programme or modification of a description referred to in—

(a)

paragraph (4)(a) and (b) of regulation 5;

(b)

paragraph (6)(a) of that regulation; or

(c)

paragraph (6)(b) of that regulation,

is likely to have significant environmental effects.

(2)

Before making a determination under paragraph (1), the responsible authority must—

(a)

take into account the criteria specified in Schedule 1; and

(b)

consult the consultation bodies.

(3)

Where the responsible authority determines that the plan, programme or modification is unlikely to have significant environmental effects (and, accordingly, does not require an environmental assessment), it must prepare a statement of its reasons for such determination.