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

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Rule 9(2)

[F1SCHEDULE 1SINFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

Textual Amendments

1.  A description of the proposed project, including in particular—S

(a)a description of the location of the project;

(b)a description of the physical characteristics of all the works covered by the application, including, where relevant, demolition works, and the land-use requirements during the construction and operational phases;

(c)a description of the main characteristics of the operational phase of the project (in particular any production process), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used;

(d)an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation) and quantities and types of waste produced during the construction and operation phases.

2.  A description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the applicant, which are relevant to the proposed project and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects.S

3.  A description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of the likely evolution thereof without implementation of the project as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge.S

4.  A description of the factors specified in rule 2A(3) likely to be significantly affected by the proposed project: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage including architectural and archaeological aspects and landscape.S

5.  A description of the likely significant effects of the proposed project on the environment resulting from, inter alia—S

(a)the construction and existence of the project, including, where relevant, demolition works;

(b)the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;

(c)the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;

(d)the risks to human health, cultural heritage or the environment (for example due to accidents or disasters);

(e)the cumulation of effects with other existing and/or approved development projects, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

(f)the impact of the proposed project on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the project to climate change;

(g)the technologies and the substances used.

6.  The description of the likely significant effects on the factors specified in rule 2A(3) should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the proposed project. This description should take into account the environmental protection objectives established [F2in [F3assimilated] law or otherwise under the law of any part of the United Kingdom] which are relevant to the project.S

Textual Amendments

7.  A description of the forecasting methods or evidence used to identify and assess the significant effects on the environment, including details of difficulties (for example technical deficiencies or lack of knowledge) encountered compiling the required information and the main uncertainties involved.S

8.  A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-project analysis). That description should explain the extent to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and should cover both the construction and operational phases.S

9.  A description of the expected significant adverse effects of the proposed project on the environment deriving from the vulnerability of the development to risks of major accidents and/or disasters which are relevant to the project concerned. Relevant information available and obtained through risk assessments pursuant to F4... national legislation may be used for this purpose provided that the requirements of [F5any law that implemented] this Directive are met. Where appropriate, this description should include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.S

Textual Amendments

10.  A non-technical summary of the information provided under points 1 to 9.S

11.  A reference list detailing the sources used for the descriptions and assessments included in the EIA report.]S

Rules 12, 13 and 15 and rule 18 (with Schedule 5)

SCHEDULE 2SFORMS OF NOTICE

Rule 12(2)

Form 1S

Rule 12(6) and rule 18 (with paragraph 23 of Schedule 5)

Form 2S

Rule 12(7) and rule 18 (with paragraph 24 of Schedule 5)

Form 3S

Rule 13(1) and (2) and rule 18 (with paragraphs 27 and 28 of Schedule 5)

Form 4S

Rule 15(4) and rule 18 (with paragraph 31 of Schedule 5)

Form 5F6S

Textual Amendments

Rules 8(2) and 11 and rule 18 (with paragraphs 16(d), 18 and 19 of Schedule 5)

SCHEDULE 3STHOSE TO BE SERVED WITH A COPY OF THE APPLICATION AND DOCUMENTS

Column (1)Column (2)
Authority sought for–Documents to be served on–

1.  Works or other matters.

1.  The relevant constituency member, and each relevant regional member, of the Scottish Parliament.

2.  Works affecting the foreshore below mean high water spring tides, or tidal waters, or the bed of, or the subsoil beneath tidal waters.

2.  The Crown Estate Commissioners [F7or (as the case may be) the relevant person];

the Commissioners of Northern Lighthouses;

Scottish Natural Heritage;

the Scottish Ministers (marked “for the attention of the Scottish Government Transport Directorate”);

the Secretary of State for Transport (marked “for the attention of Maritime and Coastguard Agency”);

the Scottish Environment Protection Agency;

the Royal Yachting Association.

3.  Works affecting the banks or the bed of, or the subsoil beneath, a river.

3.  The Scottish Environment Protection Agency;

the relevant district salmon fishery board.

4.  Works affecting the banks or the bed of, or the subsoil beneath, an inland waterway comprised in the undertaking of the British Waterways Board or any reservoirs, feeders, sluices, locks, lifts, drains and other works comprised in or serving the undertaking.

4.  The British Waterways Board;

F8...

Scottish Natural Heritage;

the Scottish Environment Protection Agency;

Scottish Water.

5.  Works affecting the banks or the bed of, or the subsoil beneath, an inland waterway not comprised in the undertaking of the British Waterways Board or any reservoirs, feeders, sluices, locks, lifts, drains and other works comprised in or serving that inland waterway.

5.  The F8... Scottish Environment Protection Agency;

Scottish Natural Heritage;

Scottish Water;

the operator of the relevant inland waterway.

6.  Works causing or likely to cause an obstruction to the passage of fish in a river.

6.  Scottish Natural Heritage;

the Scottish Environment Protection Agency;

the relevant district salmon fishery board.

7.  Works involving tunnelling or excavation deeper than 3 metres below the surface of the land, other than for piling or making soil test.

7.  The Scottish Environment Protection Agency.

8.  Works affecting an area under the control of a harbour authority as defined in section 57(1) of the Harbours Act 1964 (interpretation) M1.

8.  The relevant harbour authority and the relevant navigation authority (if different).

9.  Works affecting a site protected under section 1 of the Protection of Wrecks Act 1973 (protection of sites of historic wrecks) M2.

9.  [F9Historic Environment Scotland].

10.  Works affecting, or involving the stopping–up or diversion of, a road or affecting a proposed road.

10.  The relevant roads authority or, where the road is not maintainable at the public expense, the road managers.

11.  The stopping up or diversion of a footpath, a bridleway or a cycle track.

11.  The relevant community council;

the Scottish Public Rights of Way Society;

the Ramblers Association Scotland;

the British Horse Society;

Sustrans Scotland;

Cycling Scotland.

12.  The construction of a transport system involving the placing of equipment in or over a road.

12.  The relevant roads authority or, where the road is not maintainable at the public expense, the road managers.

13.  Works affecting land in, on or over which is installed the equipment of a statutory undertaker.

13.  The relevant statutory undertaker.

14.  Works in an area of coal working notified to the planning authority by the British Coal Corporation or the Coal Authority.

14.  The Coal Authority.

15.  Works affecting–

(i)a building listed under Part 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 M3 or its setting;

(ii)a conservation area designated under Part 2 of that Act; or

(iii)a scheduled monument within the meaning of section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 M4.

15.  [F9Historic Environment Scotland].

16.  Works affecting a garden or other designed landscape identified in “An Inventory of Gardens and Designed Landscapes in Scotland – List of Sites 2007”, published by the Scottish Ministers in 2007 M5.

16.  [F9Historic Environment Scotland].

17.  Works affecting–

(i)a site of special scientific interest notified under section 23 of the National Parks and Access to the Countryside Act 1949 M6 or section 3(1) or 5(1) of the Nature Conservation (Scotland) Act 2004 M7 or land within 3 kilometres of any such site;

(ii)an European site or an European marine site as those expressions are defined in regulations 2(1) and 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994 M8 or land within 3 kilometres of any such site;

(iii)a national scenic area designated under section 263A of the Town and Country Planning (Scotland) Act 1997 M9 or land within 3 kilometres of any such area;

(iv)land in respect of which a declaration has been made under section 19 of the National Parks and Access to the Countryside Act 1949 (declarations that areas are nature reserves) M10 or land declared to be a national nature reserve under section 35 of the Wildlife and Countryside Act 1981 M11 or other land within 3 kilometres of any such land; or

(v)a site designated for inclusion in the list of wetlands of international importance pursuant to the Convention on Wetlands of International Importance signed at Ramsar, Iran on 2nd February 1971, as amended by–

(a)the Protocol known as the Paris Protocol done at Paris on 3rd December 1982; and

(b)the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28th May and 3rd June 1987,

or land within 3 kilometres of any such site.

17.  Scottish Natural Heritage;

the Scottish Environment Protection Agency.

18.  Works affecting land used, or last used, as a playing field.

18.  Sportscotland.

19.  Works affecting amenity in the area of a community council.

19.  The relevant community council.

20.  Works affecting a National Park designated by an order made under section 6(1) of the National Parks (Scotland) Act 2000 M12.

20.  The relevant National Park authority;

Scottish Natural Heritage.

21.  Works which are within 250 metres of land that is or has been used for the deposit of refuse or waste.

21.  The Scottish Environment Protection Agency.

22.  The carrying out of an operation requiring hazardous substances consent under the Planning (Hazardous Substances) (Scotland) Act 1997 M13.

 [F1022. the relevant planning authority;
the Scottish Environment Protection Agency;
where the operation is to take place on a nuclear site (within the meaning of section 112(1) of the Energy Act 2013) (“a nuclear site”), the Office for Nuclear Regulation and, in any other case, the Health and Safety Executive;
where the operation is to take place on land in the area of the Cairngorms National Park Authority, that Authority;
the Scottish Fire and Rescue Service.]

[F1122A.  A relevant project as defined in regulation 23(5) of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015.

22A. the Scottish Environment Protection Agency;
where the relevant project is to take place on a nuclear site, the Office for Nuclear Regulation and, in any other case, the Health and Safety Executive;
Scottish Natural Heritage.]

23.  Works which would affect the operation of any existing railway or tramway services provided under statutory powers or the construction of a new railway or of any new tramway.

23.  The Scottish Ministers (marked “for the attention of Transport Scotland”);

the [F12Office of Rail and Road];

Network Rail;

the Rail Passengers' Council;

the Public Transport Users' Committee for Scotland;

the British Transport Police Authority;

the operator of the relevant transport system.

24.  The right for a person providing transport services to use a transport system belonging to another or works to alter or demolish a transport system.

24.  The operator of the relevant transport system.

25.  Works affecting land in which there is a Crown interest.

25.  The appropriate authority for the land.

26.  Works.

26.  The relevant local authority;

Scottish Environmental Link (Company Number SC250899).

Textual Amendments

Marginal Citations

M5ISBN 978 1 904966 44 9. A copy is available at www.historic-scotland.gov.uk.

M61949 c. 97; section 23 was repealed by the Wildlife and Countryside Act 1981 (c. 69), Schedule 17, but notifications under section 23 can continue to have effect by virtue of the Nature Conservation (Scotland) Act 2004 (asp 6), schedule 5, paragraphs 8 to 10.

M8S.I. 1994/2716; the relevant amending instruments are S.S.I. 2004/475 and 2007/80.

Rules 8(2) and 12(3) and rule 18 (with paragraphs 16(d) and 21 of Schedule 5)

SCHEDULE 4STHOSE TO BE SERVED WITH NOTICE OF APPLICATION

Column (1)Column (2)
Authority sought for–Those to be served–

1.  Works affecting the banks or the bed of, or the subsoil beneath, a river.

1.  The Crown Estate Commissioners [F13or (as the case may be) the relevant person].

2.  Works affecting the banks or the bed of, or the subsoil beneath, an inland waterway or any reservoirs, feeders, sluices, locks, lifts, drains and other works comprised in or serving that inland waterway.

2.  The Scottish Inland Waterways Association;

the Association of Inland Navigation Authorities;

the Waterways Trust for Scotland;

the National Association of Boat Owners.

3.  Works affecting an area under the control of a harbour authority as defined in section 57(1) of the Harbours Act 1964.

3.  The navigation authority for any adjoining waterway (if different from the navigation authority for the harbour area).

4.  Any activity which is a controlled activity within the meaning of regulation 2(1) of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (interpretation) M14.

4.  The Scottish Environment Protection Agency.

5.  Works likely to affect the volume or character of traffic entering or leaving a special road, a trunk road or any other classified road.

5.  The relevant roads authority.

6.  The construction of a transport system involving the placing of equipment in or over a road (except a level crossing).

6.  Owners and occupiers of all buildings which have a frontage on, or a private means of access which first meets the road at, the part of the road in or over which equipment is to be placed, other than those on whom a notice has been served pursuant to rule 13(1).

7.  Works affecting any land on which there is a theatre as defined in section 5 of the Theatres Trust Act 1976 (interpretation) M15.

7.  The Theatres Trust.

8.  The modification, exclusion, amendment, repeal or revocation of a provision of an enactment or statutory instrument conferring protection or benefit upon any person (whether in his capacity as the owner of designated land or otherwise) specifically named therein.

8.  The person upon whom such protection or benefit is conferred, or the person currently entitled to that protection or benefit.

9.  Works or traffic management measures that would affect services provided by a universal service provider (within the meaning of [F14Part 3 of the Postal Services Act 2011]) in connection with the provision of a universal postal service (within the meaning of [F15that Part]) and relating to the delivery or collection of letters.

9.  Every universal service provider affected.

10.  Works in an area of coal working notified to the planning authority by the British Coal Corporation or the Coal Authority.

10.  The holder of the current licence under section 36(2) of the Coal Industry Nationalisation Act 1946 (savings as to certain coal) M16 or under Part 2 of the Coal Industry Act 1994 (licensing of coal mining operations) M17.

Textual Amendments

Marginal Citations

Rule 18

SCHEDULE 5SPROPOSALS FOR ORDERS BY VIRTUE OF SECTION 6

1.  In this Schedule “the publication date” means the date of publication of the notice required by paragraph 11.S

2.  Where by virtue of this Schedule any provisions of these Rules apply in relation to a proposal of the Scottish Ministers to make an order by virtue of section 6 of the Act, any reference in those provisions to–S

(a)“applicant” shall be construed as references to the Scottish Ministers; and

(b)“application” shall be construed as references to the publication by the Scottish Ministers of the notice required by paragraph 11.

3.  When the Scottish Ministers propose to make an order by virtue of section 6 of the Act which would authorise a project within the meaning of the Directive, the Scottish Ministers shall determine whether an environmental impact assessment is necessary.S

4.  If the project is of a type mentioned in–S

(a)Annex I to the Directive; or

(b)Annex II to the Directive and the Scottish Ministers consider that it would be likely to have a significant effect on the environment,

the Scottish Ministers shall determine that an environmental impact assessment is required.

5.  Where the project is of a type mentioned in Annex II to the Directive the Scottish Ministers shall, for the purposes of determining whether an environmental impact assessment is necessary, consult those mentioned in [F16rule 5(11)] and provide them with the information described in [F17rule 5(6)], unless the Scottish Ministers have already formed the view that the project would be likely to have a significant effect on the environment.S

Textual Amendments

[F186.  Any body falling within rule 5(11) consulted pursuant to paragraph 5 must, not later than 28 days after being consulted, provide the Scottish Ministers with a written opinion as to whether or not, in their opinion, the works in question should be the subject of an environmental impact assessment.]S

Textual Amendments

[F197.  In reaching a determination as to whether an environmental impact assessment is necessary, the Scottish Ministers must take into account—S

(a)such of the selection criteria set out in Annex III to the Directive as are relevant to the proposed works; and

(b)the available results of other assessments of the proposed works.]

Textual Amendments

[F208.—(1) Where the Scottish Ministers make a determination pursuant to paragraph 3—S

(a)that determination must be accompanied by a written statement giving, with reference to such of the criteria set out in Annex III to the Directive as are relevant to the proposed works, the main reasons for that conclusion; and

(b)where the determination is to the effect that the proposed works do not require an environmental impact assessment, the statement referred to in paragraph (a) must state any features of the proposed works or proposed measures which are envisaged to avoid or prevent significant adverse effects on the environment.

(2) The Scottish Ministers must publish any determination referred to in paragraph (1) within 14 days of such a determination being reached—

(a)in the Edinburgh Gazette;

(b)in such other newspapers as they consider appropriate; and

(c)on a website maintained by the Scottish Ministers for the purpose of making publicly available information relating to applications to which these Rules  apply.]

Textual Amendments

9.  Where the Scottish Ministers have determined that an environmental impact assessment of the proposed works is necessary the Scottish Ministers shall consult those bodies mentioned in rule 6(4) before reaching an opinion as to the information to be provided in the [F21EIA report].S

Textual Amendments

10.  Where any body consulted pursuant to paragraph 9 wishes to provide the Scottish Ministers with a written opinion as to the information to be provided in the [F22EIA report] that body or person shall do so no later than 28 days after being consulted.S

Textual Amendments

11.  Where, following completion of any necessary action pursuant to paragraphs 3 to 10, the Scottish Ministers propose to make an order by virtue of section 6 of the Act, the Scottish Ministers shall publish a notice of the proposals in the Edinburgh Gazette, which notice shall include–S

(a)the title of the proposed order, a summary of the matters provided for in the proposed order and the location of any proposed works;

(b)if applicable, a statement that the Scottish Ministers propose to direct that planning permission or hazardous substances consent, as the case may be, shall be deemed to be granted;

(c)a statement as to whether or not the proposals are subject to an environmental impact assessment;

(d)the address to which objections and representations are to be sent and the date of expiry of the period within which they must be made (being not less than 42 days from the date of the notice); and

(e)the address, if different, to which requests may be made for further information about the proposed order (and, if applicable, any proposed direction for deemed planning permission or deemed hazardous substances consent).

[F2311A.  Where the Scottish Ministers have determined that an environmental impact assessment is necessary, in addition to the matters referred to in paragraph 11 the notice referred to in that paragraph must—S

(a)where relevant, state that the proposed works are likely to have significant effects on the environment in [F24an] EEA State;

(b)state that the EIA report is available for inspection free of charge and the times and places (including the Scottish Parliament Information Centre) at which, and the means by which, the report is available for inspection;

(c)state how copies of the EIA report may be obtained;

(d)state the cost of a copy of the EIA report;

(e)provide details of the arrangements for public participation in the decision making procedure and the circumstances under the Act in which the Scottish Ministers may cause a public local inquiry or hearing to be held into the proposal; and

(f)state the nature of possible decisions to be taken in relation to the proposal.]

Textual Amendments

12.  The Scottish Ministers shall publish, in at least one newspaper circulating in each area in which the proposals are intended to have effect, a notice containing–S

(a)the information specified in paragraph 11 [F25and, where relevant, paragraph 11A]; and

(b)the names of all places, which shall be places within the area to which the proposals relate (or as close as reasonably practicable to that area), where copies of the documents referred to in paragraph 16 may be inspected free of charge at all reasonable hours during the period specified in pursuance of paragraph 11(d),

such notice to be published not less than on two separate occasions, the first publication of which may not be made earlier than 14 days before, and not later than, the publication date and the second or if more than two, the last, to be not more than 7 days after the publication date.

Textual Amendments

[F2612A.  Where the Scottish Ministers have determined that an environmental impact assessment is necessary they must publish a notice containing the information specified in paragraphs 11, 11A and 12 on a website maintained by the Scottish Ministers for the purpose of making publicly available information relating to applications to which these Rules apply.]S

Textual Amendments

13.  The places referred to in paragraph 12(b) shall include a library or libraries, or such other publicly accessible buildings as the Scottish Ministers consider appropriate, which shall in each case be situated within the area to which the proposals in the proposed order relate (or as close as reasonably practicable to that area).S

14.  The Scottish Ministers shall, as soon as possible after the publication date, serve a copy of the documents mentioned in paragraph 16 upon every–S

(a)local authority for an area;

(b)regional Transport Partnership for a region; and

(c)National Park authority for a National Park,

in which all or any part of a transport system, inland waterway or other works to which the proposals relate is or are (or is or are to be) situated.

15.  The Scottish Ministers shall, as soon as possible after the publication date, deposit a copy of the documents mentioned in paragraph 16 in the Scottish Parliament Information Centre.S

16.  The documents to be served by virtue of paragraph 14, or deposited by virtue of paragraph 15, are–S

(a)a draft of the proposed order under section 1 of the Act;

(b)an explanatory memorandum that explains the purpose and effect of each article of and Schedule to the draft order;

(c)a memorandum setting out the aims of the proposals including any alternative approach considered and the reason for rejection;

(d)a report summarising the consultations that have been undertaken including confirmation that the Scottish Ministers have consulted all those named in column (2) of the tables in Schedules 3 and 4 where authority is sought for works or other matters described in column (1) of those tables, or if not, an explanation of why not;

(e)a list of all consents, permissions or licences required under other enactments in connection with the proposals which, at the publication date, are being sought or which have been obtained or refused, specifying for each relevant consent, permission or licence the information referred to in rule 8(2)(g)(i), (ii) and (iii);

[F27(f)where the proposed works are to be subject to an environmental impact assessment, an EIA report which must include the information referred to in rule 9, confirmation that a draft of the EIA report has been sent to the persons and bodies specified in rule 3(3)(b) and (4) and a memorandum setting out any comments those persons might have made in respect of the draft;]

(g)a copy of any waiver statement made under paragraph 34;

(h)where the proposed order would authorise the carrying out of works–

(i)subject to paragraph 17, the plans and sections described in paragraphs (1) and (4) of rule 10; and

(ii)an estimate of the cost of carrying out the works provided for in the proposed order.

(i)subject to sub paragraph (j) and paragraph 17, where the proposed order would authorise the compulsory acquisition of land, or the right to use land, or to carry out protective works to buildings or structures, or the compulsory extinguishment, variation or disapplication of a title condition or development management scheme or the compulsory extinguishment of other private rights over land, the plan and book of reference respectively described in paragraphs (5) and (7) of rule 10 (subject however to paragraphs (9) and (10) of that rule);

(j)where the proposed order would provide for the extinguishment or diversion of rights of way or passage over a footpath, bridleway or cycle track, a map of a scale not smaller than 1:2500 on which the path, way or track concerned, and, in the case of diversion, the new path, way or track is clearly delineated;

(k)where the Scottish Ministers propose to direct under section 57(2A) of the Town and Country Planning (Scotland) Act 1997 M18 that planning permission shall be deemed to be granted, a statement signed by or on behalf of the Scottish Ministers specifying–

(i)the development to which the direction would apply;

(ii)any proposed conditions attaching to it;

(iii)a list of any matters which are intended to be reserved for subsequent approval by the planning authority; and

(iv)in respect of those matters not intended to be so reserved, such further documents and information as may be necessary to support the making of the direction;

(l)where the Scottish Ministers propose to direct under section 10(2A) of the Planning (Hazardous Substances) (Scotland) Act 1997 M19 that hazardous substances consent shall be deemed to be granted, [F28an application referred to in regulation 6, 7 or 8 of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015, as the case may require, duly completed by or on behalf of the Scottish Ministers, together with a copy of the documents referred to in regulation 6(3)(a) and (b), 7(3)(a) and (b) (if required) or 8(3)(a) and (b) of those Regulations, as the case may require]; and

(m)a statement specifying the capacity (or, if more than one, the capacities) in which the recipient is served, or that the documents are being deposited pursuant to paragraph 15, as the case may require, the date of expiry of the period within which objections or representations must be made (being not less than 42 days from the publication date), and the address to which objections and representations are to be sent.

Textual Amendments

Marginal Citations

M191997 c. 10; section 10(2A) was inserted by the Transport and Works (Scotland) Act 2007 (Consents under Enactments) Regulations 2007 (S.S.I. 2007/[ ]), regulation 4.

17.  The Scottish Ministers may, if the Scottish Ministers consider it reasonable and appropriate, vary the scale for the plans and sections referred to in sub paragraph (h) or (i) of paragraph 16.S

18.  Where the proposed order would authorise the works or other matters specified in any of the categories in column (1) of the table in Schedule 3, the Scottish Ministers shall, as soon as possible after the publication date, serve upon those named against each such category in column (2) of that table a copy of the documents mentioned in paragraph 16.S

[F2919.  Where the Scottish Ministers have determined that an environmental impact assessment is necessary the Scottish Ministers must serve a copy of the documents referred to in paragraph 16 upon—S

(a)the consultation bodies; and

(b)any other public body which the Scottish Ministers consider is likely to have an interest in the proposal to make an order under section 6 of the Act by reason of that body’s specific environmental responsibilities or local and regional competencies.]

Textual Amendments

20.  The Scottish Ministers shall not be obliged by virtue of paragraph 14[F30, 18 or 19] to serve upon any person more than one copy of the same document; and where any person has confirmed in writing to the Scottish Ministers that they do not wish to be served with a copy of, or a copy of any part of, a document that the Scottish Ministers are required to serve on that person by virtue of those paragraphs, the Scottish Ministers shall not be required to serve upon that person that document or the relevant part of it.S

Textual Amendments

21.  Where the proposed order includes works or other matters specified in any of the categories in column (1) of the table in Schedule 4, the Scottish Ministers shall, as soon as possible after the publication date, serve upon those named against each such category in column (2) of that table a notice containing the information specified in [F31paragraph 11A, where relevant, and] paragraph 12, which notice shall state the capacity (or, if more than one, the capacities) in which the recipient of the notice is served.S

Textual Amendments

22.  Where the proposed order makes any provision–S

(a)for the purpose of suspending or discontinuing any operations; or

(b)in consequence of the abandonment or neglect of any works,

the Scottish Ministers shall, as soon as possible after the publication date, serve upon every operator affected or likely to be affected a notice containing the information specified in paragraph 12, which notice shall state the capacity in which the recipient of the notice is served.

23.  Where the proposed order would authorise works, the Scottish Ministers shall, as soon as possible after the publication date, display one or more notices in the form of Form 2 in Schedule 2 in accordance with the requirements of rule 12(6).S

24.  Where the proposed order would authorise any of the matters described in rule 12(7)(a) or (b), the Scottish Ministers shall, as soon as possible after the publication date, display one or more of the notices in the form of Form 3 in Schedule 2 in accordance with the requirements of rule 12(7).S

25.  The Scottish Ministers shall take all reasonable steps to ensure that every notice displayed under the provisions of paragraphs 23 and 24 shall continue to be displayed in a legible form until the expiry date for objections and representations specified under paragraph 11(d).S

26.  The Scottish Ministers shall supply a copy of any document referred to in paragraph 16 to any person who requests such a copy, subject to the payment by that person of a reasonable charge for the provision of the copy, and the Scottish Ministers shall ensure that the information as to how such copies may be obtained is displayed at every place at which copies of those documents are made available for inspection.S

27.  Where paragraph 16(i) applies, the Scottish Ministers shall, as soon as possible after the publication date serve a notice in the form of Form 4 in Schedule 2 upon all those named in the book of reference other than the appropriate authority in relation to a Crown interest.S

28.  Where pursuant to rule 10(9), as applied by paragraph 16(i), the Scottish Ministers have indicated in the book of reference that relevant names (or addresses) have or might have been omitted, the Scottish Ministers shall, as soon as possible after the publication date, serve a notice in the form of Form 4 in Schedule 2 in accordance with the provisions of rule 13(2).S

29.  Where it appears to the Scottish Ministers that the proposed order relates to works which would be likely to have significant effects on the environment in England, Wales, Northern Ireland, the Isle of Man or the Channel Islands, the Scottish Ministers shall publish the information specified in paragraph 12 in such newspapers circulating in the place in question as the Scottish Ministers may consider appropriate.S

30.—(1) This paragraph shall apply where–S

(a)it appears to the Scottish Ministers that the proposed order relates to works which would be likely to have significant effects on the environment of [F32a] Member State; or

(b)[F32a] Member State whose environment is likely to be significantly affected by the works to which the proposed order relates, requests information relating to the proposed order.

(2) Where this paragraph applies, the Scottish Ministers shall–

(a)send the information mentioned in rule 14(5) to the Member State in question as soon as reasonably practicable and in any event no later than the publication date or, in a case falling within sub paragraph (1)(b), no later than 7 days after receiving a request from the Member State in question;

(b)give the Member State in question a reasonable time in which to indicate whether it wishes to participate in the procedure for consideration of the proposed order;

(c)take such steps as they consider necessary to ensure that the public is informed that the project is likely to have significant effects on the environment of [F32a] Member State and that the provisions of this paragraph apply;

(d)where a Member State has indicated that it wishes to participate in the procedure for considering the proposed order, send to the State in question (in so far as these documents and information have not already been supplied to that State) a copy of the proposed order and of the [F33EIA report] and any other relevant information regarding the procedure for considering the proposed order and for undertaking an environmental impact assessment of the proposed works; and

(e)comply with the requirements of rule 14(7) and (8), on the basis that the documents and information to be made available under rule 14(7)(a) shall be the documents and information referred to in rule 14(5) and sub paragraph (2)(d) of this paragraph.

Textual Amendments

31.—(1) Where after serving a copy of any[F34EIA report] under paragraph 14 the Scottish Ministers produce further environmental information for the purposes of the proposed order, the Scottish Ministers shall–S

(a)publish a notice of that further environmental information in at least one newspaper circulating in the areas to which the information is relevant in the form of Form 5 of Schedule 2;

(b)serve a copy of the information on each person on whom, in accordance with this Schedule, a copy of their [F34EIA report] was served together with a notice in the form of Form 5 in Schedule 2; F35...

(c)provide a copy of the information (or any part of it) to any other person who so requests, subject to the payment by that person of a reasonable charge[F36; and

(d)publish the notice referred to in sub-paragraph (a) on the website referred to in paragraph 12A].

(2) Where after service by the Scottish Ministers of a copy of any [F37EIA report] under paragraph 14 any person submits further environmental information relevant to the proposed order, the Scottish Minister [F38must] take the steps set out in paragraphs (a) to (c) of sub paragraph (1).

(3) Where further information is produced or submitted as mentioned in this paragraph in a case falling within paragraph 30(1)(a) or (b), the Scottish Ministers [F39must] send that further information to the Member State in question as soon as reasonably practicable and [F39must] comply with the requirements of rule 14(7), on the basis that the documents and information mentioned in that rule should be the further information produced or submitted.

Textual Amendments

32.  Subject to paragraphs 33 and 34, the Scottish Ministers may, following consultation with all those they consider would be likely to be affected, waive any provision of this Schedule, in whole or in part, where they consider that it is impossible, impracticable or unnecessary for them to comply with that provision or to comply in full.S

33.  The Scottish Ministers shall not waive any provisions of paragraphs 3 to 10, 16(f), 19, 29, 30 and 31(1).S

34.  Where the Scottish Ministers decide to waive any provisions of this Schedule in accordance with paragraph 32, they shall send a statement to that effect to all those that they have consulted.S

35.—(1) Subject to sub paragraph (2), an objection made in relation to a proposed order shall only be an objection for the purposes of these Rules if it–S

(a)is received by the Scottish Ministers on or before the expiry of the period specified in pursuance of paragraph 11(d);

(b)is made in writing;

(c)states the grounds of the objection;

(d)indicates who is making the objection; and

(e)provides an address to which any correspondence relating to that objection may be sent.

(2) Where an objection relates to information produced or submitted as mentioned in paragraph 31 after the Scottish Ministers have served a copy of any [F40EIA report] under paragraph 14, that objection will be an objection for the purposes of these Rules, even where it is made after the expiry of the period specified in pursuance of paragraph 11(d), if it is made not later than 42 days after the date on which the information is produced by, or submitted to, the Scottish Ministers or the last date on which a notice relating to the information is published in a newspaper pursuant to paragraph 31(1), whichever date is the later.

(3) In this paragraph and in paragraphs 36, 37 and 39, a reference to an objection includes a reference to any document submitted with an objection.

Textual Amendments

36.  The Scottish Ministers may, upon request, provide any person with a copy of any objections made by others.S

37.  The Scottish Ministers may, for the purpose of determining whether or not to make the proposed order, send any objection they have received to any other person and invite comments from that person within such period as they may specify.S

38.  The Scottish Ministers may disregard any comments that are not sent to the Scottish Ministers within the period specified pursuant to paragraph 37 and, except where paragraph 39 applies, they may, upon expiry of the specified period, proceed to a determination under section 11 of the Act.S

39.  Where the Scottish Ministers cause a public local inquiry or hearing to be held under section 9 of the Act for the purposes of the proposed order, the Scottish Ministers shall submit every objection that they have received to the person appointed to hold the inquiry or hearing, as soon as it is reasonably practicable to do so.S

40.  Paragraphs 35, 36 and 39 shall apply to the making of representations as regards a proposal to make an order by virtue of section 6 as they apply to the making of objections to such a proposal, as if–S

(a)each reference to “an objection” in those paragraphs was a reference to “representations”;

(b)each reference to “that objection” in those paragraphs was a reference to “those representations”;

(c)other references to “objection”, and the reference to “objections”, in those paragraphs were references to “representations”; and

(d)the reference in paragraph 35(3) to “this paragraph and in paragraphs 36, 37 and 39” was a reference to paragraphs 35, 36 and 39 as applied by this rule.

[F4141.  Rule 4 has effect in relation to any proposal of the Scottish Ministers to make an order under section 6 of the Act.]S

Textual Amendments

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