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Change 1
As published
28G Statutory undertakers, etc.: general duty.
(1) An authority to which this section applies (referred to in this section and in sections 28H and 28I as “a section 28G authority”) shall have the duty set out in subsection (2) in exercising its functions so far as their exercise is likely to affect the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.
(2) The duty is to take reasonable steps, consistent with the proper exercise of the authority’s functions, to further the conservation and enhancement of the flora, fauna or geological or physiographical features by reason of which the site is of special scientific interest.
(3) The following are section 28G authorities—
(a) a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) or a Government department;
(b) the National Assembly for Wales;
(c) a local authority;
(d) a person holding an office—
(i) under the Crown,
(ii) created or continued in existence by a public general Act of Parliament, or
(iii) the remuneration in respect of which is paid out of money provided by Parliament;
(e) a statutory undertaker . . . ; and
(f) any other public body of any description.
(4) “Statutory undertaker” means a person who is or is deemed to be a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990.
Your change, as a redline
28G Statutory undertakers, etc.: general duty.
(1) An authority to which this section applies (referred to in this section and in sections 28H and 28I as “a section 28G authority”) shall have the duty set out in subsection (2) in exercising its functions so far as their exercise is likely to affect the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.
(2) The duty is to take reasonable steps, consistent with the proper exercise of the authority’s functions, to further the conservation and enhancement of the flora, fauna or geological or physiographical features by reason of which the site is of special scientific interest.
(3) The following are section 28G authorities—
(a) a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) or a Government department;
(b) the National Assembly for Wales;
(c) a local authority;
(d) a person holding an office—
(i) under the Crown,
(ii) created or continued in existence by a public general Act of Parliament, or
(iii) the remuneration in respect of which is paid out of money provided by Parliament;
(e) a statutory undertaker . . . ; and
(f) any other public body of any description.
(4) “Statutory undertaker” means a person who is or is deemed to be a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990.
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