Part 10A, Section 204V: Appeals Schedule 15: Amendments of the Conservation of Habitats and Species Regulations 2017: assumptions about nutrient pollution standards Part 3: Land use plans 110B Direction that assumptions are not to apply
Paragraph (1) allows the Secretary of State to direct that the assumptions in regulation 110A(2) do not apply in relation to a particular plant and a particular nutrient pollution standard.
	Paragraph (2) specifies when such a direction may be made. Where the plant is a non-catchment permitting area plant, this will be only if the Secretary of State is satisfied that the plant will not be able to meet the standard by the upgrade date. In the case of a catchment permitting area plant, it may be made where the Secretary of State is satisfied that the plant will not be able to meet the standard by the applicable date, or that the overall effect on the habitats site of nutrients in treated effluent from all plants that discharge into the catchment permitting area will be greater than the overall effect on the site of nutrients in treated effluent from those plants if any nutrient significant plants were subject to and meeting the nutrient pollution standard on the applicable date (see paragraph (4)).
	Paragraph (3) allows the Secretary of State to revoke such a direction if satisfied: where the plant is a non-catchment permitting area plant, that the plant will in fact meet the standard by the upgrade date; where the plant is a catchment permitting area plant, that the plant will meet the standard by the applicable date, or that the overall effect on the habitats site of nutrients in treated effluent from all plants that discharge into the catchment permitting area will be the same or less significant than the overall effect on the site of nutrients in treated effluent from those plants if any nutrient significant plants were subject to and meeting the nutrient pollution standard on the applicable date (see paragraph (4)).
	Paragraph (4) explains the effects that need to be compared for the purposes of making or revoking a direction relating to a catchment permitting area plant under paragraph (2)(b)(ii) or paragraph (3)(b)(ii).
	Paragraph (5) sets out that in deciding whether to make the direction the Secretary of State may, in particular, have regard to when a non-catchment permitting area plant can be expected to meet the standard, or, where the plant is a catchment permitting area plant, to when the plant can be expected to meet the standard and the sewerage undertaker for the plant can be expected to be in compliance with conditions in the environmental permit for the plant.
	Paragraph (6) introduces a consultation requirement and lists the bodies and persons that the Secretary of State must consult before making or revoking a direction under this regulation.
	Paragraph (7) requires that a direction or revocation under this regulation is made in writing and specifies when it takes effect.
	Paragraph (8) sets out the notification requirements on the Secretary of State after a direction has been made or revoked.