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—

“ “any particular person” includes any non-governmental organisation promoting environmental protection; ”

(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”.

(4) In regulation 4(b), omit the words “in accordance with regulation 8(3)”.

(5) In regulation 8(2)—

(a) in sub-paragraph (b), omit the word “and”;

(b) at the end of sub-paragraph (c), insert “and”; and

(c) insert after paragraph (c)—

“ (d) shall inform any particular person who they are aware is or is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a local advertisement, by sending them a notice that contains those details set out in regulation 9(1) (i) and (j). ”

(6) In regulation 9(1),

(a) in sub-paragraph (h) omit “and”;

(b) at the end of sub-paragraph (i), insert “and”; and

(c) insert after paragraph (i) —

“ (j) that the project is subject to an environmental impact assessment procedure; ” .

(7) In regulation 11(c)—

(a) for sub-paragraph (ii) substitute “the main reasons and considerations on which the decision is based, including information about the public participation process;”;

(b) at the end of sub-paragraph (iii), insert “; and”; and

(c) after sub-paragraph (iii), insert—

“ (iv) information regarding the right to challenge the validity of the decision and the procedures for doing so. ”

(8) In regulation 12(6), for “paragraph (3)” substitute “paragraph (5)”.

(9) In regulation 13(1), for “with the project” substitute “with the change or extension to the project and any other part of the project that the Executive may direct”.

(10) For regulation 14, substitute—

“ 14. Nothing in these Regulations shall require the disclosure by a body of information that it is entitled not to disclose under regulations 12 and 13 of the Environmental Information Regulations 2004 ( 4 ) or regulations 10 and 11 of the Environmental Information (Scotland) Regulations 2004 ( 5 ) . ”