Part 1SOrders authorising works etc.

Procedure for making ordersS

5Cases where F1... Member States are affectedS

(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 [F2a] 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 [F3a] 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 [F4that] Member State, or

(b)[F5that] 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 [F6EEA Agreement].