Law

The Biodiversity Gain Site Register Regulations 2024

United Kingdom · regulation

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In force since 2026-05-29, as the publisher states.

Copy read on 2026-11-10. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 42 provisions
  1. Title and introductory text
  2. 1 Citation, commencement and extent
  3. 2 Interpretation
  4. 3 Duty to establish and maintain the biodiversity gain site register
  5. 4 Public access to information in the biodiversity gain site register
  6. 5 How and when land may be registered in the biodiversity gain site register
  7. 6 Land eligible to be registered
  8. 7 Applications to register land in the biodiversity gain site register
  9. 8 Required content of application to register land in the biodiversity gain site register
  10. 9 Determination of application to register land in the biodiversity gain site register
  11. 10 Register operator to give notice when application to register land is rejected
  12. 11 Register operator’s duties when application to register land is accepted
  13. 12 Applications to record allocation of habitat enhancement to a development after registration of the land
  14. 13 Required content of applications to record allocation of habitat enhancement
  15. 14 Determination of application to record allocation of habitat enhancement
  16. 15 Register operator to give notice of the outcome of an application to record allocation of habitat enhancement
  17. 16 Information to be recorded in the register when application to record allocation of habitat enhancement is accepted
  18. 17 Application to amend information in an entry in the biodiversity gain site register
  19. 18 Determination of application to amend a register entry
  20. 19 Requirement to give notice of outcome of an application to amend a register entry
  21. 20 Amendment of an entry in the biodiversity gain site register without application
  22. 21 Notice of intent to be given before entry is amended under regulation 20
  23. 22 Right to make representations
  24. 23 Decision to amend an entry in the biodiversity gain site register
  25. 24 Application to have an entry removed from the biodiversity gain site register
  26. 25 Determination of an application to have an entry removed from the biodiversity gain site register
  27. 26 Removal of an entry from the biodiversity gain site register without application
  28. 27 Notice of intent to be given before entry is removed under regulation 26
  29. 28 Right to make representations
  30. 29 Decision to remove an entry from the biodiversity gain site register
  31. 30 Right to appeal against rejection of an application, amendment of the register or removal of an entry from the register
  32. 31 Determination of appeal against rejection of an application
  33. 32 Determination of appeal against decision not to make requested amendments
  34. 33 Determination of appeal against amendment or removal of a register entry
  35. 34 Consequences of appeal where register operator directed to accept an application
  36. 35 Consequences of appeal where register operator is directed to reconsider an application or a decision not to make an amendment
  37. 36 Applications etc and decisions to have effect only for the purposes of these Regulations
  38. 37 No infringement of copyright by register operator
  39. 38 Methods of giving notice under these Regulations
  40. 39 Address to be used for a notice given in connection with an application under these Regulations
  41. 40 Address to be used for a notice given otherwise than in connection with an application under these Regulations
  42. 41 Requirement to carry out a review of the regulatory provision made by these Regulations

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42 provisions

40 Address to be used for a notice given otherwise than in connection with an application under these Regulations

(1) This regulation applies to a notice given by the register operator to a person under these Regulations otherwise than in connection with an application made by that person. (2) Subject to paragraphs (3) and (5), the person’s proper address for the purposes of regulation 38(1)(a) is— (a) where the person is a body corporate, the address of its registered or principal office; (b) where the person is a partnership or other incorporated association, the address of its principal office; (c) in any other case, the person’s last known residential or business address. (3) Where, despite making reasonable inquiries, the register operator is unable to ascertain an address which is the person’s proper address as provided by paragraph (2), the person’s proper address for the purposes of regulation 38(1)(a) is any address at which the register operator reasonably believes that the notice will be received by— (a) the person; (b) where the person is a body corporate, an officer or clerk of the body corporate; (c) where the person is a partnership, a partner or person having control or management of the partnership business; (d) where the person is an unincorporated association other than a partnership, an officer or member of the association. (4) Subject to paragraph (5), the person’s appropriate email address for the purposes of regulation 38(1)(b) is any email address at which the register operator reasonably believes that the email will be received by— (a) the person; (b) where the person is a body corporate, an officer or clerk of the body corporate; (c) where the person is a partnership, a partner or person having control or management of the partnership business; (d) where the person is an unincorporated association other than a partnership, an officer or member of the association. (5) In the case of a notice given to a person under regulation 23(7) or 29(8)— (a) the person’s proper address for the purposes of regulation 38(1)(a) is the address provided by that person under regulation 23(6)(a) or 29(7)(a) (as the case may be); (b) the person’s appropriate email address for the purposes of regulation 38(1)(b) is the email address provided by that person under regulation 23(6)(b) or 29(7)(b) (as the case may be).

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41 Requirement to carry out a review of the regulatory provision made by these Regulations

(1) The Secretary of State must from time to time— (a) carry out a review of the regulatory provision contained in these Regulations, and (b) publish a report setting out the conclusions of that review. (2) The first report must be published before the end of the period of 5 years beginning with the day on which these Regulations come into force. (3) Subsequent reports must be published at intervals not exceeding 5 years. (4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must in particular— (a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a), (b) assess the extent to which those objectives are achieved, (c) assess whether those objectives remain appropriate, and (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. (5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

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