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Regulation 8 - Protected Areas

Code Operators who intend to install electronic communications apparatus in Protected Areas must give written notice to those bodies that have responsibility for planning and heritage matters.

Protected Areas are currently defined in the `2003 Regulations' to include a national park, the New Forest, the Broads, a limestone pavement area, a national nature reserve, a site of special scientific interest, and an area of special scientific interest or marine nature reserve.

Under the previous regulatory regime the Code was applied by way of a licence under the Telecommunications Act 1984. Where appropriate, licences also contained exceptions and conditions relating to the application of the Code. One of the conditions achieved the same effect as regulation 8 but a reference to an area designated as an Area of Outstanding Natural Beauty (AONB) was listed alongside 'National Park, National Nature Reserve, National Scenic Area, Limestone Pavement Area, Area of Special Scientific Interest, Site of Special Scientific Interest, Marine Nature Reserve, Natural Heritage Area or the Broads.

There are no references to AONBs in the 2003 Regulations.

Amendments

To list AONBs alongside National Park, the Broads, or a limestone pavement, a national nature reserve, a site of special scientific interest, an area of special scientific interest and a marine nature reserve in Regulation 8 of the 2003 Regulations.

Insert definition for national scenic area - the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 refers to national scenic areas (NSAs) designated under section 262 C. of the Town and Country (Scotland) Act 1972. However, there is no evidence that NSAs were ever formally designated by Ministers under these powers, rather they were recognised in the planning system through a series of circulars and directions which make reference to NSAs described at Part 11 of the Countryside Commission for Scotland Report "Scotland's Scenic Heritage" published in 1978.

Following the amalgamation of English Nature with elements of the Countryside Agency and the Rural Development Service the organisation is now known by the name of Natural England.

Since the 2003 Regulations were made the New Forest has been designated a National Park and is therefore caught by that definition.

The National Parks and Access to the Countryside Act 1949 and subsequent legislation capitalise "National Parks".

Proposal

To amend Regulation 8(1) (a) to include 'Areas of Outstanding Natural Beauty' as a Protected Area in which a code operator intending to install electronic communications apparatus must give written notice to the planning authority and the said amendment to Regulation 8 (1) b;

Identify NSAs by making reference to Part II of the "Scotland's Scenic Heritage" publication will correct this technical defect and will have no other implications for the legislation or its application. This approach to identifying NSAs has already been used in Regulations providing for payments by the Scottish Ministers from the Scotland Rural Development Programme. The "Scotland's Scenic Heritage" publication is available from the Scottish Natural Heritage website at
http://www.snh.org.uk/publications/on-line/scotlandsscenicareas/

To amend the reference to English Nature to reflect the organisation's new name of Natural England;

To remove the reference to the New Forest; and To capitalise "National Park".