Amendment of the Roads (Scotland) Act 19842
1
The Roads (Scotland) Act 19842 is amended as follows.
2
In section 20B(3)(b) (environmental impact assessment), after “under” insert “any law in Scotland that implemented”.
3
In section 20C (environmental impact assessment report)—
a
in subsection (7) the words “Union legislation or” are repealed,
b
in subsection (10)(c), for “another” substitute “an”,
c
in subsection (16) the definition of “Union legislation” is repealed.
4
In section 20E(2) (competent authority – avoidance of conflict of interest), for “the Directive” substitute “this Part”.
5
In section 20F (projects with significant transboundary effects)—
a
in subsection (1)(a), for “another” substitute “an”,
b
in subsection (5)(a), for sub-paragraph (i) substitute—
i
any authority in that State that the State may specify
c
in subsection (6), for “In accordance with Article 7(4) of the Directive, the” substitute “The”.
6
In section 20G(2)(b) (monitoring measures), the words from “Union legislation” to “or” are repealed.
7
In section 55A (environmental assessment of certain road improvement projects)—
a
in subsection (7), the words “Union legislation or” are repealed”,
b
in subsection (10)(c), for “another” substitute “an”,
c
in subsection (16)—
i
after ““relevant project”,” where it first occurs insert “and”,
ii
the words “and Union legislation” are repealed.
8
In schedule 1 (procedures for making or confirming certain orders and schemes)—
a
in paragraph 7(1A)(c), for “referred to in Article 6(1) of the Directive” substitute “in that State that the State has specified as authorities to be consulted”,
b
in paragraph 7(1B)(e)(ii), for “another” substitute “an”,
c
in paragraph 7(1D) after “law” insert “of any part of the United Kingdom”,
d
after paragraph 7(1D), insert—
1E
For the purpose of sub-paragraph (1D) Article 11(1) of the Directive is to be read as if the reference to—
a
“Member States” were a reference to “The Scottish Ministers”,
b
“a Member State” were a reference to “Scotland”.
e
in paragraph 13(1A)(c), for “referred to in Article 6(1) of the Directive” substitute “in that State that the State has specified as authorities to be consulted”,
f
in paragraph 13(1B)(e)(ii), for “another” substitute “an”,
g
in paragraph 13(1D) after “law” insert “of any part of the United Kingdom”,
h
after paragraph 13(1D) insert—
1E
For the purpose of sub-paragraph (1D) Article 11(1) of the Directive is to be read as if the reference to—
a
“Member States” were a reference to “The Scottish Ministers”,
b
“a Member State” were a reference to “Scotland”.
9
In schedule 1A (information for inclusion in environmental impact assessment reports)—
a
in paragraph 6, for “established at Union or Member State level” substitute “in retained EU law or otherwise under the law of any part of the United Kingdom”,
b
in paragraph 9—
i
the words from “Union legislation” to “pursuant to” are repealed,
ii
after “requirements of” insert “any law that implemented”.