Transport and Works (Scotland) Act 2007

5 Cases 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.