There is one issue on which we would seek clarification from the Executive. Clause 34(2)(a) appears to us to be drafted somewhat ambiguously; this clause should reflect the current practice of JNCC and the individual nature conservation bodies, such as SNH. We, therefore, seek assurance from the Executive that, while liaison with JNCC and collective action with or through JNCC should occur wherever possible, this clause cannot be used to prevent SNH, or the Executive itself, from taking appropriate action in Scotland if it so chooses.
http://www.scotlink.org/files/policy/ParliamentaryBriefings/LINKEvidenceNERC05.pdf