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

Interpretation S

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

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

[F1 “additional information” means—

(a)

supplementary information required in accordance with rule 15(2); or

(b)

any other information provided by the applicant which, in the opinion of the Scottish Ministers is substantive information about a matter to be included in the EIA report in accordance with rule 9(2);]

“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—

(a)

every local authority in whose area the works would be carried out were the order for which an applicant proposes to apply under section 4 or the Scottish Ministers propose to make under section 6 of the Act to be made;

(b)

every National Park authority for a National Park in which the works would be carried out were the order for which an applicant proposes to apply under section 4 or the Scottish Ministers propose to make under section 6 of the Act to be made;

(c)

the Scottish Environment Protection Agency;

(d)

Scottish Natural Heritage;

(e)

Historic Environment Scotland;]

“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 [F3 Directive 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—

(a)

a state which at that time is a member State; or

(b)

any other State which at that time is a party to the [F6 EEA Agreement];

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

(a)

would constitute a project of a type mentioned in Annex I to the Directive; or

(b)

would constitute a project of a type mentioned in Annex II to the Directive and are likely to have significant effects on the environment by virtue of factors such as its nature, size or location;

“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–

(a)

statutory undertakers (not being an owner) having a right to keep equipment on, in or over land; and

(b)

a person having the right to construct or maintain, at a specific position on an inland waterway, a mooring post, gangway, landing stage or other erection or installation for a vessel (not being anything which when not in use is normally carried on the vessel);

“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”–

(a)

in relation to a transport system, means any person carrying on an undertaking which includes the system, or any part of it, or the provision of transport services on the system; and

(b)

in relation to an inland waterway, means any person authorised by any enactment to work, maintain, conserve, improve or control the inland waterway;

“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 [F8 legislation 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–

(a)

a canal or inland navigation which is not a canalised part of a river;

(b)

a public sewer or a sewer or pipe used primarily for the drainage of a building or any premises appurtenant to a building, or of a road;

“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–

(a)

the territorial sea of the United Kingdom as is adjacent to Scotland; and

(b)

the internal waters of the United Kingdom as are in or adjacent to Scotland insofar as they are tidal or constitute part of the sea;

“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 [F11 or on a website], duly signed by or on behalf of the person required to serve the notice.

Textual Amendments

F1 Words in rule 2(1) inserted (16.5.2017) by The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Amendment Rules 2017 (S.S.I. 2017/74), rules 1, 3(a)(i) (with rule 19)

F2 Words in rule 2(1) inserted (16.5.2017) by The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Amendment Rules 2017 (S.S.I. 2017/74), rules 1, 3(a)(iii) (with rule 19)

F3 Words in rule 2(1) substituted (16.5.2017) by The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Amendment Rules 2017 (S.S.I. 2017/74), rules 1, 3(a)(ii) (with rule 19)

F4 Words in rule 2(1) inserted (7.12.2019) by The Environmental Impact Assessment (Transport) (Scotland) Regulations 2019 (S.S.I. 2019/322), regs. 1, 4(2)(a)

F5 Words in rule 2(1) substituted (16.5.2017) by The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Amendment Rules 2017 (S.S.I. 2017/74), rules 1, 3(a)(iv) (with rule 19)

F6 Words in rule 2(1) substituted (7.12.2019) by The Environmental Impact Assessment (Transport) (Scotland) Regulations 2019 (S.S.I. 2019/322), regs. 1, 4(2)(b)

F7 Words in rule 2(1) inserted (16.5.2017) by The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Amendment Rules 2017 (S.S.I. 2017/74), rules 1, 3(a)(v) (with rule 19)

F8 Words in rule 2(1) substituted (31.12.2020) by The Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/415), regs. 1, 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in rule 2(1) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 107(2)

F10 Words in rule 2(1) omitted (31.12.2020) by virtue of The Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/415), regs. 1, 4(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in rule 2(2) inserted (16.5.2017) by The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Amendment Rules 2017 (S.S.I. 2017/74), rules 1, 3(b) (with rule 19)

Marginal Citations

M1 2003 asp 9.

M2 1967 c. 86; section 47 was relevantly amended by the Land Reform (Scotland) Act 2003 (asp 2), schedule 2, paragraph 5.

M3 1984 c. 54.

M4 The definition of “holder” was amended by S.S.I. 2003/503.

M5 1997 c. 8. See section 1 of that Act for the meaning of “planning authority”. The functions of a local authority under Part 3 of that Act have been transferred to and are exercisable by the Loch Lomond and The Trossachs National Park Authority by virtue of S.S.I. 2002/201 in respect of the National Park designated by that instrument.

M6 2005 asp 12.

M7 1991 c. 22.

M8 The definition of “roads authority” was relevantly amended by the Local Government etc. (Scotland) Act 1984 (c. 39), Schedule 13, paragraph 135 and S.I. 2001/1400.

M9 Section 214 was amended by the Transport Act 2000 (c. 38), Schedule 5, paragraph 10 and S.I. 2001/1149.

M10 2003 c. 21.