Roads (Scotland) Act 1984

7(1)F1... after considering objections (if any) to the proposed order or, as the case may be, the order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may [F2— S

(a)make or confirm the order (with or without modifications); or

(b)where the order is subject to the affirmative procedure by virtue of section 143A(3) of this Act, lay before the Scottish Parliament a draft statutory instrument containing the order (with or without modifications).]

[F3(1A)Where the Scottish Ministers have published an environmental statement they shall take into consideration–

(a)that statement; F4...

[F5(b)any opinion on that statement or the project which is expressed in writing by any of the consultation bodies or by any other person and is received by the Scottish Ministers within any period specified for the purpose by them; and

(c)where section 20B applies and the EEA State has indicated in accordance with subsection (4) of that section that it wishes to participate in the environmental impact assessment procedure, any opinion on that statement or the project which is expressed in writing by the EEA State, by a member of the public in the EEA State or by any of the authorities referred to in Article 6(1) of the Directive and is received by the Scottish Ministers within any period specified for the purpose by them.]

(1B)When the Scottish Ministers have decided whether to proceed with the project in relation to which an environmental impact assessment has been made they shall publish their decision together with a statement confirming that they have complied with sub-paragraph (1A) above and shall [F6notify the consultation bodies and] make available to the public documents containing–

(a)the content of the decision and any conditions attached to it;

(b)the main reasons and considerations on which the decision is based [F7including, if relevant, information about the participation of the public and details of how information, evidence and representations submitted were taken into account] ; F8...

[F9(bb)information regarding the right to challenge the validity of the decision and the procedures for doing so; and]

(c)where their decision is to proceed with the project, a description of the main measures which will be taken to avoid, reduce and if possible offset any major adverse effects of the project.

[F10(1BA)Where—

(a)the Scottish Ministers publish under sub-paragraph (1B) above a decision to proceed with a project; and

[F11(b)the order giving effect to that decision is subject to the affirmative procedure by virtue of section 143A(3) of this Act,]

they shall publish together with the decision a statement to the effect that [F12the order cannot be made unless the Scottish Parliament, by resolution, approves a draft statutory instrument containing it] .]

(1C)Any requirement for publication in connection with an environmental impact assessment shall be met by publication in The Edinburgh Gazette and in at least one local newspaper circulating in the area in which the project is situated [F13and where the Scottish Ministers use a website for the purpose of giving information to the public about projects of a category into which the project in question falls, by publication on that website] .]

[F14(1D)Any non-governmental organisation promoting environmental protection and meeting any requirements under the law shall be deemed to have an interest for the purposes of Article 10a(a) of the Directive and rights capable of being impaired for the purposes of Article 10a(b) of the Directive.]

(2)The power under this paragraph to make or confirm the order includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as he thinks fit) while deferring consideration of the remaining part.

Textual Amendments

F1Words in Sch. 1 para. 7(1) repealed (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), sch. 3; S.S.I. 2007/516, art. 2 (with S.S.I. 2007/517, arts. 1(1), 4(2)-(4))

F3Sch. 1 para. 7(1A)-(1C) substituted for Sch. 1 para. 7(1A)(1B) (1.8.1999) by S.S.I. 1999/1, reg. 52

F5Sch. 1 para. 7(1A)(b)(c) substituted for Sch. 1 para. 7(1A)(b) (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(a)