{
  "url": "https://openlegislation.uk/infrastructure-planning-national-policy-statement-consultation-regulations-2009/regulation-3",
  "json_url": "https://openlegislation.uk/infrastructure-planning-national-policy-statement-consultation-regulations-2009/regulation-3.json",
  "legislation": "uksi/2009/1302",
  "legislation_title": "The Infrastructure Planning (National Policy Statement Consultation) Regulations 2009",
  "legislation_url": "https://openlegislation.uk/infrastructure-planning-national-policy-statement-consultation-regulations-2009",
  "path": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Consultation",
  "text": "(1) This regulation prescribes, for the purposes of section 7 of the Act, the persons to be consulted by the Secretary of State under that section.\n(2) The persons listed in paragraph (3) of this regulation must be consulted in every case in which the Secretary of State proposes to designate a statement as a NPS or to amend a NPS.\n(3) The persons referred to in paragraph (2) are—\n(a) The Scottish Executive;\n(b) The Welsh Ministers;\n(c) The relevant Northern Ireland Department;\n(d) Regional planning bodies;\n(e) Local authorities;\n(f) Strategic Health Authorities;\n(g) The Local Government Association;\n(h) The Association of Chief Police Officers;\n(i) The Chief Fire Officers Association;\n(j) The Health and Safety Executive;\n(k) The Environment Agency;\n(l) Natural England;\n(m) Regional development agencies;\n(n) The Commission for Sustainable Development;\n(o) The Equality and Human Rights Commission;\n(p) The Joint Nature Conservation Commission;\n(q) Waste Authorities;\n(r) The Joint Committee of the National Amenity Societies;\n(s) Transport for London;\n(t) The Crown Estate Commissioners;\n(u) The Committee on Climate Change;\n(v) The National Association of Local Councils;\n(w) AONB Conservation Boards;\n(x) The National Consumer Council;\n(y) The Chartered Institute of Environmental Health.\n(4) Where, in such a case in as described in paragraph (2), any of the circumstances described in column 2 of Table 1 also apply, the person specified in the corresponding entry in column 1 of that Table must also be consulted by the Secretary of State.\n(5) Where, in such a case as described in paragraph (2)—\n(a) the Secretary of State proposes to designate a statement, or to amend a NPS, which includes policies identifying one or more locations as suitable (or potentially suitable) for a specified description of development, and\n(b) any of the circumstances described in column 2 of Table 2 apply,\nthe person specified in the corresponding entry of column 1 of that Table must also be consulted by the Secretary of State.\n(6) Nothing in this regulation shall preclude consultation of such other bodies as, in any particular case, the Secretary of State may think fit.\nTable 1\nColumn 1; Consultee\nColumn 2; Circumstances\n(1)For the definition of “approved operators” see section 25 of the Planning Act 2008.\n(2)The Corporation of Trinity House of Deptford Strond.\n(3)See section 32 of the National Heritage Act 1983 (c. 47).\n(4)See section 2 of the Housing and Regeneration Act 2008 (c. 17).\nThe Civil Aviation Authority\nWhere a NPS relates to airports or which is likely to affect aviation activity\nThe Rail Passengers Council\nWhere a NPS is likely to affect the rail passenger industry\nThe Disabled Persons Transport Advisory Committee\nWhere a NPS is likely to affect access for disabled people\nThe Coal Authority\nWhere a NPS is likely to affect past, present or potential coal mining operations\nThe Office of Rail Regulation and approved operators\nWhere a NPS is likely to affect railways or the rail transport industry\nThe Gas and Electricity Markets Authority\nWhere a NPS is likely to affect gas and electricity markets\nThe Water Services Regulation Authority\nWhere a NPS is likely to affect the water industry\nThe Forestry Commission\nWhere a NPS is likely to affect the protection or expansion of forests and woodlands\nThe British Waterways Board\nWhere a NPS is likely to affect inland waterways or land adjacent to inland waterways\nThe Commission for Architecture and the Built Environment\nWhere a NPS is likely to affect matters relevant to its objectives\nThe Health Protection Agency\nWhere a NPS includes policies relating to chemicals, poisons or radiation which could potentially cause harm to people\nStatutory undertakers\nWhere a NPS includes policies relevant to their functions as statutory undertakers\nTrinity House\nWhere a NPS includes policies likely to affect navigation in tidal waters\nThe Royal Commission on the Ancient and Historical Monuments of Wales\nWhere a NPS is likely to affect the historic environment in Wales\nThe Commission for Integrated Transport\nWhere a NPS is likely to affect transport\nThe Countryside Council for Wales\nWhere a NPS is likely to affect Wales\nThe Welsh Local Government Association\nWhere a NPS is likely to affect Wales\nThe Historic Buildings and Monuments Commission for England\nWhere a NPS is likely to affect historic buildings or the historic environment\nThe Commission for Rural Communities\nWhere a NPS is likely to affect rural communities\nThe Homes and Communities Agency\nWhere a NPS is likely to affect matters relevant to the Agency’s objectives\nThe Maritime and Coastguard Agency\nWhere a NPS is likely to affect marine or coastal environment\nIntegrated Transport Authorities and Passenger Transport Executives\nWhere a NPS is likely to affect transport\nTable 2\nColumn 1; Consultee\nColumn 2; Circumstances\nThe relevant police authority and any police authority sharing a boundary with that authority\nWhere a police authority has responsibility for some or all of the area identified in a NPS\nThe relevant fire and rescue authority and any fire and rescue authority sharing a boundary with that authority\nWhere a fire and rescue authority has responsibility for some or all of the area identified in an NPS\nThe relevant internal drainage board\nWhere an internal drainage board has responsibility for some or all of the area identified in a NPS\nThe relevant local resilience forum\nWhere a local resilience forum has responsibility for some or all of the area identified in a NPS",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "See section 1 of the Natural Environment and Rural Communities Act 2006 (c.16)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "See section 32 of the Climate Change Act 2008 (c.27)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "See section 1 of the Consumers, Estate Agents and Redress Act 2007 (c.17)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "(1)For the definition of “approved operators” see section 25 of the Planning Act 2008."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "(2)The Corporation of Trinity House of Deptford Strond."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "(3)See section 32 of the National Heritage Act 1983 (c. 47)."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "(4)See section 2 of the Housing and Regeneration Act 2008 (c. 17)."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words omitted",
      "affecting": "uksi/2013/522",
      "affecting_title": "The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2013/522",
      "affecting_title": "The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2013/522",
      "affecting_title": "The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013"
    },
    {
      "type": "words revoked",
      "affecting": "uksi/2012/2654",
      "affecting_title": "The Public Bodies (Abolition of the Commission for Rural Communities) Order 2012"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2012/2732",
      "affecting_title": "The Local Policing Bodies (Consequential Amendments No. 2) Regulations 2012"
    },
    {
      "type": "substituted for reg. 3(3)(x)",
      "affecting": "uksi/2014/631",
      "affecting_title": "The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2010/439",
      "affecting_title": "The Passengers’ Council (Non-Railway Functions) Order 2010"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2010/439",
      "affecting_title": "The Passengers’ Council (Non-Railway Functions) Order 2010"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2010/602",
      "affecting_title": "The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2013/522",
      "affecting_title": "The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013"
    },
    {
      "type": "omitted",
      "affecting": "uksi/2013/522",
      "affecting_title": "The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2013/522",
      "affecting_title": "The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013"
    },
    {
      "type": "omitted",
      "affecting": "uksi/2013/522",
      "affecting_title": "The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013"
    },
    {
      "type": "omitted",
      "affecting": "uksi/2013/522",
      "affecting_title": "The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013"
    },
    {
      "type": "words inserted",
      "affecting": "wsi/2013/755",
      "affecting_title": "The Natural Resources Body for Wales (Functions) Order 2013"
    },
    {
      "type": "words substituted",
      "affecting": "wsi/2013/755",
      "affecting_title": "The Natural Resources Body for Wales (Functions) Order 2013"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/1302/regulation/3",
    "retrieved_at": "2026-10-29T03:11:46.330592+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}