The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007

InterpretationS

2.—(1) In these Rules (unless the context otherwise requires)–

“the Act” means the Transport and Works (Scotland) Act 2007;

[F1“additional information” means—

“applicant” means a person making, or proposing to make, an application;

“application” means an application under section 4 of the Act;

“the appropriate authority” has the same meaning as in section 3(4) of the Act (Crown land);

“benefited property” has the same meaning as in section 122(1) of the Title Conditions (Scotland) Act 2003 (interpretation) M1;

“bridleway” has the same meaning as in section 47 of the Countryside (Scotland) Act 1967 (interpretation) M2;

[F2“the consultation bodies” means—

“Crown interest” has the same meaning as in section 3(3) of the Act;

“cycle track” has the same meaning as in section 151 of the Roads (Scotland) Act 1984 (interpretation) M3;

“development management scheme” has the same meaning as in section 71(3) of the Title Conditions (Scotland) Act 2003;

“the Directive” means [F3Directive 2011/92/EU of the European Parliament and of the Council] on the assessment of the effects of certain public and private projects on the environment[F4, as amended by Council Directive 2014/52/EU];

“documents” includes photographs, drawings, maps and plans;

[F5“EEA State”, in relation to any time, means—

“EIA application” means an application under section 4 of the Act for works which—

“EIA report” has the meaning given in rule 9;

“environmental impact assessment” has the meaning given in rule 2A;]

“equipment” includes apparatus and any structure for the lodging in it of equipment or for gaining access to equipment;

“expiry date for objections” means the date, being a date not less than 42 days after the date on which the application in question is made, which the applicant specifies in the notice published pursuant to rule 12(1) as the final date for making objections;

“footpath” has the same meaning as in section 151 of the Roads (Scotland) Act 1984;

“holder”, in relation to a personal real burden, has the same meaning as in section 122(1) of the Title Conditions (Scotland) Act 2003 M4;

“in writing” includes electronic transmission;

“Member State” has the same meaning as in section 5(3) of the Act;

“navigation authority” has the same meaning as in section 9(5) of the Act;

“occupier” includes–

“operative date” means the date falling 21 days after the expiry date for objections or such later date as the Scottish Ministers may specify;

“operator”–

“owner”, in relation to any land, means any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes a lessee under a lease the unexpired period of which exceeds three years;

“personal real burden” has the same meaning as in section 122(1) of the Title Conditions (Scotland) Act 2003;

“planning authority” has the same meaning as for the purposes of Part 3 of the Town and Country Planning (Scotland) Act 1997 (control over development) M5;

“regional Transport Partnership” means a Transport Partnership created under section 1(1)(b) of the Transport (Scotland) Act 2005 M6;

[F7“relevant assessment” means an assessment, or verification, of effects on the environment carried out pursuant to [F8legislation in Scotland] (other than legislation implementing the requirements of the Directive) which is relevant to the assessment of the environmental impacts of the proposed development;]

[F9“relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests;]

“river” means any river (including any part of a river which is tidal or which has been canalised), loch, lake, stream, burn, ditch, culvert, drain, sluice, weir or any other passage by which water drains, but does not include–

“road managers” has the same meaning as in section 108(4) of the New Roads and Street Works Act 1991 M7;

“roads authority” has the same meaning as in section 151(1) of the Roads (Scotland) Act 1984 M8;

“scoping opinion” has the meaning given in rule 6(1);

“screening decision” has the meaning given in rule 5(3);

“statutory undertakers” has the same meaning as in section 214 of the Town and Country Planning (Scotland) Act 1997 M9 except that it includes a public communications provider within the meaning of section 151(1) of the Communications Act 2003 (interpretation) M10;

“tidal waters” means such part of–

“title condition” has the same meaning as in section 122(1) of the Title Conditions (Scotland) Act 2003;

“transport system” means a railway, tramway or trolley vehicle system or any system (other than a railway or tramway) using a mode of guided transport;

F10...

“works” means any works that may be authorised by an order made under section 1 of the Act but in rules 5, 6, 9 and 14, Schedule 1 and in paragraphs 6, 9, 16(f), 29 and 30 of Schedule 5, shall also include any matter that may be authorised by such an order; and

“works affecting”, in relation to any land, means works proposed to be carried out in, on, over or adjacent to that land.

(2) Where these Rules require that notice be served, published or displayed in a prescribed form, the notice shall be served, published or displayed (as the case may be) duly completed–

(a)in that form;

(b)in a version of that form adapted to meet the circumstances of the particular case; or

(c)in a form which has substantially the same effect as that form (whether the form is adapted or not),

and, except where these Rules require that the notice in question be published in a newspaper [F11or on a website], duly signed by or on behalf of the person required to serve the notice.