Part 1Orders authorising works etc.
Procedure for making orders
I15Cases where other Member States are affected
1
The power to make rules under subsection (2) of section 4 includes power to make, for a case where an application has been made under that section and another Member State is affected by the project in question, rules as to—
a
the provision by the Scottish Ministers to—
i
the Member State,
ii
authorities in that state, or
iii
the public of that state,
of documents and information relating to the application,
b
consultation by the Scottish Ministers with the Member State in connection with the application, or
c
notification by the Scottish Ministers to the Member State of—
i
the decision, or
ii
matters relating to the decision,
on the application.
2
For the purposes of subsection (1), the cases where another Member State is affected by a project are those cases where—
a
it appears to the Scottish Ministers that the project would be likely to have significant effects on the environment in the other Member State, or
b
the other Member State is likely to be affected significantly by the project and requests information relating to the application.
3
In this section “Member State” includes a state which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993.