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

Deposit of copy application etc. with others S

11.—(1) The applicant shall serve a copy of the application and of every document that these Rules require shall accompany it upon every–

(a) local authority for an area;

(b) regional Transport Partnership for a region; and

(c) National Park authority for a National Park,

in which all or any part of a transport system, inland waterway or other works to which the application relates is or are (or is or are to be) situated.

(2) The applicant shall deposit copies of the application and of every such document in the Scottish Parliament Information Centre.

(3) In the case of an application for an order authorising the works or other matters specified in any of the categories in column (1) of the table in Schedule 3, the applicant shall serve upon those named against each such category in column (2) of that table a copy of the application and of every such document.

[F1 (4) In relation to an EIA application, in addition to the requirements of paragraph (1), the applicant must serve a copy of the application and of every document that these Rules require to accompany it, including the EIA report, upon—

(a) the consultation bodies; and

(b) any other public body that the Scottish Ministers have advised the applicant is likely to have an interest in the application by reason of that body’s specific environmental responsibilities or local and regional competencies.]

(5) The applicant shall not be obliged by virtue of this rule to serve upon anyone more than one copy of the same document unless the recipients are the Scottish Ministers who shall be separately served in respect of each interest identified in column (2) of the table in Schedule 3 where that arises pursuant to paragraph (3).

(6) Where any person has confirmed to the applicant in writing that they do not wish to be served with a copy of, or a copy of any part of, a document that the applicant is required to serve on that person by virtue of this rule, the applicant shall not be required to serve upon that person that document or the relevant part of it.

(7) All documents required to be served upon anyone, or deposited, by virtue of this rule shall be so served, or deposited, as soon as possible after the making of the application and the applicant shall in a covering letter specify–

(a) the capacity (or, if there is more than one, the capacities) in which the recipient is served, or that the documents are being deposited pursuant to paragraph (2), as the case may require;

(b) the expiry date for objections;F2 ...

(c) the address to which objections or representations are to be sent[F3 ; and

(d) in the case of an EIA application—

(i) the main proposals and location of the proposed works; and

(ii) that an EIA report will be taken into consideration in determining the application.]

Textual Amendments

F1 Rule 11(4) 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, 10(a) (with rule 19)

F2 Word in rule 11(7) omitted (16.5.2017) by virtue of The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Amendment Rules 2017 (S.S.I. 2017/74), rules 1, 10(b)(i) (with rule 19)

F3 Rule 11(7)(d) and preceding word 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, 10(b)(ii) (with rule 19)