Part 1Environmental assessment for plans and programmes

I17Exemptions: pre-screening

1

A plan or programme of a description set out in section 5(4) is exempt if the responsible authority is of the opinion that the plan or programme will have—

a

no effect; or

b

minimal effect,

in relation to the environment.

2

In considering whether or not it is of the opinion described in subsection (1), the responsible authority shall apply the criteria specified in schedule 2.

3

If a responsible authority is of the opinion described in subsection (1), it shall notify the consultation authorities of that fact as soon as practicable.

4

A notification under subsection (3) shall also include the following information—

a

the title of the plan or programme;

b

the date of the opinion; and

c

a brief description of the plan or programme, including the area or location to which the plan or programme relates.

5

The Scottish Ministers shall arrange for a register to be kept of any notifications under subsection (3).

6

The register kept under subsection (5)—

a

shall be available for public inspection—

i

at any reasonable time; and

ii

at such place as the Scottish Ministers may direct;

b

may include such other information in relation to a plan or programme as the Scottish Ministers consider appropriate.

7

The information contained in the register may also be made available, for the purpose of facilitating public access to that information, by such means (including by means of display on a website) as the Scottish Ministers think fit.

8

The Scottish Ministers may by order modify schedule 2.