Part 1Orders authorising works etc.

Procedure for making orders

I1C15Cases where F2... Member States are affected

1

The power to make rules under subsection (2) of section 4 includes power to make, for a case where an application has been made under that section and F3a Member State is affected by the project in question, rules as to—

a

the provision by the Scottish Ministers to—

i

the Member State,

ii

authorities in that state, or

iii

the public of that state,

of documents and information relating to the application,

b

consultation by the Scottish Ministers with the Member State in connection with the application, or

c

notification by the Scottish Ministers to the Member State of—

i

the decision, or

ii

matters relating to the decision,

on the application.

2

For the purposes of subsection (1), the cases where F4a Member State is affected by a project are those cases where—

a

it appears to the Scottish Ministers that the project would be likely to have significant effects on the environment in F5that Member State, or

b

F6that Member State is likely to be affected significantly by the project and requests information relating to the application.

3

In this section “Member State” includes a state which is a contracting party to the F1EEA Agreement.