HC Deb 15 March 2002 vol 381 cc1167-9

'(1) The appropriate nature conservation body may notify a modification of a notification—

  1. (a) at any time after notice confirming the notification is given; or
  2. (b) if the notification is modified by the confirming authority, at any time after the notification has effect as modified.

(2) If the appropriate nature conservation body is of the opinion that a marine area is no longer a marine site of special interest by reason of any of the matters specified in section 1(1), a modification under subsection (1) may cancel the notification in respect of the area.

(3) If the body decides to make a notification under subsection (1), it must notify —

  1. (a) the confirming authority;
  2. (b) so far as reasonably practicable, each competent marine authority which exercises functions in relation to the marine area;
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  3. (c) any other competent marine authority which in the opinion of the body should be notified;
  4. (d) any other person who the body is directed by the confirming authority to notify.

(4) The body must also publish the notification, on as many occasions as the confirming authority may direct, in—

  1. (a) the London Gazette;
  2. (b) at least one local newspaper circulating in or near to the marine area; and
  3. (c) such other publications as the confirming authority may direct.

(5) A notification under subsection (1), other than a notification which is a cancellation as mentioned in subsection (2), has effect from the date on which it is first published in the London Gazette.

(6) A notification under subsection (1) must specify the time (not being less than three months from the date of the giving of the notification) within which representations or objections with respect to it may be made to the confirming authority.

(7) The confirming authority, having regard to any representations or objections made under subsection (6), may before the end of the period of nine months beginning with the date on which the notification is first published in the London Gazette, give notice to the appropriate nature conservation body that the notification is —

  1. (a) confirmed;
  2. (b) withdrawn; or
  3. (c) modified;
and the notice must include a statement of the reasons for a withdrawal or modification.

(8) If a notification under subsection (1) would reduce the size of the site or cancel the notification, the confirming authority may modify that part of the notification only by increasing the size of the marine site (but so that the site remains within the boundaries of the site in respect of which the notification which is proposed to be modified was made).

(9) Apart from that, the confirming authority may modify the notification only by —

  1. (a) removing or reinstating the specification of one or more of the species of flora or fauna, or one or more of the geological or physiographical features;
  2. (b) amending the statement relating to the conservation objectives.

(10) A notification under subsection (1) which is a cancellation as mentioned in subsection (2)—

  1. (a) has effect, or has effect as modified, at the end of the period of 28 days beginning with the day on which notice is given under subsection (7) to the appropriate nature conservation body that the notification is confirmed or modified;
  2. (b) if no such notice is given or notice is given that the notification is withdrawn, does not have effect.

(11) A notification under subsection (1), other than a notification which is a cancellation as mentioned in subsection (2), ceases to have effect—

  1. (a) at the end of the period of 28 days beginning with the day on which notice is given to the appropriate nature conservation body that the notification is withdrawn;
  2. (b) if no notice is given under subsection (7), at the end of the period of nine months beginning with the date on which the notification is first published in the London Gazette.

(12) A notification under subsection (1), other than a notification which is a cancellation as mentioned in subsection (2), has effect as modified by a notice under subsection (7) at the end of the period of 28 days beginning with the day on which notice of the modification is given to the appropriate nature conservation body.

(13) The appropriate nature conservation body must so far as reasonably practicable notify each person who was notified under subsection (3)(b) to (d)—

  1. (a) of a notice of confirmation, withdrawal or modification under subsection (7); or
  2. (b) that no notice has been given under subsection (7) before the end of the period of nine months mentioned in subsection (11)(b).'.—(Mr. Meacher.]

Brought up, read the First and Second time, and added to the Bill.

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