Regulation 12 Provision of information

(1)

This regulation applies if a consultation body—

(a)

is consulted by Natural England under regulation 11(2); or

(b)

receives a request for information from a person who intends to apply for consent.

(2)

Where this regulation applies, the consultation body must—

(a)

determine whether it has in its possession any information it considers relevant to the preparation of the environmental statement; and

(b)

subject to paragraphs (3) and (4), make that information available to Natural England or the applicant (as the case may be) within 28 days of the date of the consultation or the request.

(3)

A consultation body may make a reasonable charge to the applicant for providing information under paragraph (2)(b), to reflect the cost of making the information available.

(4)

Paragraph (2)(b) does not require a consultation body to make available to the applicant any information which—

(a)

it may refuse to disclose under regulation 12(1) of the Environmental Information Regulations 2004^f1; or

(b)

it is prevented from disclosing by regulation 13(1) of those Regulations.

(5)

If a consultation body is not a public authority within the meaning of regulation 2(2) of the Environmental Information Regulations 2004, paragraph (4) applies as if it were such a public authority.

Annotations

Footnotes

f1: S.I. 2004/3391.