The Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019

Amendment of the Roads (Scotland) Act 1984

2.—(1) The Roads (Scotland) Act 1984(1) 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(a) in subsection (7) the words “Union legislation or” are repealed,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(c) in subsection (16) the definition of “Union legislation” is repealed.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(6) In section 20G(2)(b) (monitoring measures), the words from “Union legislation” to “or” are repealed.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(a) in subsection (7), the words “Union legislation or” are repealed”,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(ii) the words “and Union legislation” are repealed.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”.

(1)

1984 c.54, as relevantly amended by S.S.I. 1999/1, S.S.I. 2006/614 and S.S.I. 2017/137.