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The Secretary of State, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2], in relation to measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, in exercise of the powers conferred upon him by section 2(2)(b) of that Act, hereby makes the following Regulations: Citation and commencement 1. These Regulations may be cited as the Nuclear Reactors (Environmental Impact Assessment for Decommissioning)(Amendment) Regulations 2006 and shall come into force on 6th April 2006. Amendment of the Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 2. —(1) The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999[3] shall be amended as follows. (2) In regulation 2(1), before the definition of "the consultation bodies" insert—
(3) At the end of regulation 3(3), add "where the Secretary of State is of the opinion that application of these Regulations would have an adverse effect on the defence purposes of the project".
(b) at the end of sub-paragraph (c), insert "and"; and (c) insert after paragraph (c)—
(6) In regulation 9(1),
(b) at the end of sub-paragraph (i), insert "and"; and (c) insert after paragraph (i) —
(7) In regulation 11(c)—
(b) at the end of sub-paragraph (iii), insert "; and"; and (c) after sub-paragraph (iii), insert—
(8) In regulation 12(6), for "paragraph (3)" substitute "paragraph (5)".
(This note is not part of the Regulations) 1. These Regulations amend the Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 (S.I. 1999/2892). 2. Regulation 2(2), (3), (5)-(7), and (9) implement Council Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (O.J. L156, 25.6.2003, p. 17). 3. Regulation 2(4) and (8) correct drafting errors. 4. Regulation 2(9) provides for the licensee to stop the part of the project that is subject to change in addition to any other part (including the entire project) that the Executive may direct. 5. Regulation 2(10) replaces the reference to the Environmental Information Regulations 1992 (S.I. 1992/3240) with a reference to the Environmental Information Regulations 2004 (S.I. 2004/3391) and the Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520). 6. A copy of the regulatory impact assessment prepared in respect of these Regulations may be obtained from the Health and Safety Executive, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy has been placed in the library of each House of Parliament. Notes: [1] S.I. 1988/785. See also the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).back
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