{
  "url": "https://openlegislation.uk/m60m62m66-simister-island-interchange-development-consent-order-2025/schedule-2/paragraph-7",
  "json_url": "https://openlegislation.uk/m60m62m66-simister-island-interchange-development-consent-order-2025/schedule-2/paragraph-7.json",
  "legislation": "uksi/2025/1018",
  "legislation_title": "The M60/M62/M66 Simister Island Interchange Development Consent Order 2025",
  "legislation_url": "https://openlegislation.uk/m60m62m66-simister-island-interchange-development-consent-order-2025",
  "path": "schedule/2/paragraph/7",
  "kind": "paragraph",
  "number": "7",
  "heading": "Protected species",
  "text": "(1) In the event that any protected species which were not previously identified in the environmental statement or pre-construction surveys prepared to inform the second iteration EMP are found at any time when carrying out the authorised development the undertaker must cease the relevant parts of the relevant works and report it immediately to the ECoW.\n(2) The relevant parts of the relevant works must not recommence until a written scheme of protection and mitigation measures (including their design and management) has been submitted to and approved in writing by the Secretary of State following consultation with Natural England.\n(3) The written scheme must provide for the implementation of appropriate measures to avoid harm to protected species under the supervision of the ECoW.\n(4) The undertaker must implement the written scheme approved under sub-paragraph (2) immediately and construction in the area specified in the written scheme must not recommence until any necessary licences are obtained to enable mitigation measures to be implemented.\n(5) Within 5 business days of receiving written approval from the Secretary of State to the written scheme approved under sub-paragraph (2), the undertaker must provide to the relevant planning authority—\n(a) the approved written scheme of protection and mitigation measures; and\n(b) any responses provided by Natural England to the consultation undertaken under sub-paragraph (2).\n(6) In this paragraph—\n(a) “ECoW” means the ecological clerk of the works appointed to ensure competence and quality in ecological matters whose responsibilities are defined in the first iteration EMP;\n(b) “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017; and\n(c) “protected species means” species which are subject to protection under the laws of England or which are European protected species”.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 7 in force at 30.9.2025, see art. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2017/1012."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1018/schedule/2/paragraph/7",
    "retrieved_at": "2026-10-28T21:11:37.221967+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."
}