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The Environmental Assessment of Plans and Programmes Regulations 2004

Consolidated Text As Enacted Cited authorities 16 Cited in Amendments 1 Related
Vincent
JurisdictionUK Non-devolved
  • These Regulations may be cited as the Environmental Assessment of Plans and Programmes Regulations 2004 and shall come into force on 20th July 2004.
    • (1) In these Regulations—(2) Other expressions used both in these Regulations and in the Environmental Assessment of Plans and Programmes Directive have the same meaning in these Regulations as they have in that Directive.(1) With the exception of regulations 14 and 15, these Regulations apply as follows.solely to the whole or any part of England; orto England (whether as to the whole or part) and any other part of the United Kingdom.(3) These Regulations apply to a plan or programme relating (whether wholly or in part) to the Isles of Scilly as if the Isles were a county in England.to the whole or any part of Northern Ireland;to the whole or any part of Scotland; orto the whole or any part of Wales.the Countryside Agency;the Historic Buildings and Monuments Commission for England (English Heritage) ;English Nature; andthe Environment Agency,(2) In relation to such part of a plan or programme to which these Regulations apply as relates to Northern Ireland, the Department of the Environment for Northern Ireland shall be a consultation body for the purposes of these Regulations.the Scottish Ministers;the Scottish Environment Protection Agency; andScottish Natural Heritage.the National Assembly for Wales; andF8the Natural Resources Body for Wales.(5) Where a body mentioned in paragraph (1) is at any time the responsible authority as regards a plan or programme, it shall not at that time exercise the functions under these Regulations of a consultation body in relation to that plan or programme; and references to the consultation bodies in the following provisions of these Regulations shall be construed accordingly.the first formal preparatory act of a plan or programme is on or after 21st July 2004; andthe plan or programme is of the description set out in either paragraph (2) or paragraph (3) ,is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use, andsets the framework for future development consent of projects listed in Annex I or II to F9Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment.(3) The description is a plan or programme which, in view of the likely effect on sites, has been determined to require an assessment pursuant to F14any law that implemented Article 6 or 7 of the Habitats Directive.the first formal preparatory act of a plan or programme, other than a plan or programme of the description set out in paragraph (2) or (3) , is on or after 21st July 2004;the plan or programme sets the framework for future development consent of projects; andthe plan or programme is the subject of a determination under regulation 9(1) or a direction under regulation 10(3) that it is likely to have significant environmental effects,a plan or programme the sole purpose of which is to serve national defence or civil emergency;a financial or budget plan or programme; orthe 2000-2006 programming period for Council Regulation (EC) No. 1260/1999; orthe 2000-2006 or 2000-2007 programming period for Council Regulation (EC) No. 1257/1999.for a plan or programme of the description set out in paragraph (2) or (3) which determines the use of a small area at local level; orfor a minor modification to a plan or programme of the description set out in either of those paragraphs,a plan or programme of which the first formal preparatory act is before 21st July 2004 has not been adopted or submitted to the legislative procedure for adoption before 22nd July 2006; andthe plan or programme is such that,

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