Part 1Environmental assessment for plans and programmes
5Qualifying plans and programmes
1
In this Act, qualifying plans and programmes are plans and programmes of a description set out in subsection (3) or (4)—
a
in respect of which the first formal preparatory act is on or after the coming into force of this section; and
b
which are not exempt by virtue of section 7(1) or 8(2).
2
But a plan or programme is a qualifying plan or programme only to the extent that it relates to matters of a public character.
3
The description set out in this subsection is a plan or programme (to which this Act applies) which is required by a legislative, regulatory or administrative provision and—
a
which—
i
is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use; and
ii
sets the framework for future development consent of projects listed in schedule 1;
b
c
which does not fall within paragraph (a) or (b) but sets the framework for future development consent of projects.
4
The description set out in this subsection is a plan or programme (to which this Act applies)—
a
which is prepared by a responsible authority as specified in, or by virtue of, section 2(4); and
b
which—
i
is not a plan or programme of a description set out in subsection (3); and
ii
is not of a type specified in, or by virtue of, section 6(1).
5
The Scottish Ministers may by order modify schedule 1.