Part 6: Nature and Biodiversity Section 113: Habitats Regulations: power to amend Part 6
This section confers a power on the Secretary of State to amend Part 6 of the Conservation of Habitats and Species Regulations 2017 ("the Habitats Regulations"). This part of the Regulations sets out the requirements for the assessment of plans and projects on European protected sites, restricts the approval of such plans or projects unless the decision-maker is satisfied that the site is not adversely affected and provides for appropriate mitigation or compensation. This ensures that habitats and species are properly protected and adverse impacts avoided.
	The national site network of European sites provides protection for habitats designated for a particular purpose and supports delivery of international and domestic biodiversity objectives.
	This power would enable changes to be made where evidence suggests that amending the regulations can make the processes clearer and more legally certain to improve the condition of protected sites and the broader natural environment.
	Subsection (1) provides a power for the Secretary of State to amend Part 6 of the Habitats Regulations in England.
	Subsections (2) to (5) provide a number of requirements which must be met before the power in subsection (1) can be exercised.
	Subsection (2) places a duty on the Secretary of State to have regard to the particular importance of furthering the conservation and enhancement of biodiversity when making amendments to Part 6 of the Habitats Regulations.
	Subsection (3) stipulates that the Secretary of State can make amendments using this power only if satisfied the new regulations do not reduce the level of environmental protection currently provided by the Habitats Regulations.
	Subsection (4) requires the Secretary of State to publish and lay before Parliament a statement prior to making any regulations to explain how the condition in subsection (3) is met.
	Subsection (5) places a duty on the Secretary of State to consult as appropriate prior to using the power under this section to make regulations.
	Subsection (6) defines the term ‘England’ and the definition is in alignment with the use of the term in section 112 (power to amend general duties).
	Subsection (7) establishes that any regulations made under the power to amend Part 6 must be made through a statutory instrument subject to the affirmative procedure. This means it must be laid before and approved by a resolution of each House of Parliament.