The Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Regulations 2010

Interpretation S

2.  In these Regulations—

“the Act” means the Flood Risk Management (Scotland) Act 2009;

“the consultative [F1 body] ” means—

(a)

SEPA;

(b)

Scottish Natural Heritage;

(c)

Scottish Water;

(d)

any planning authority whose district is likely to be affected by the proposed flood protection scheme (other than the local authority proposing the scheme); and

(e)

any other body designated by statutory provision as having specific environmental responsibilities which, in the opinion of the local authority proposing the flood protection scheme, has an interest in relation to the environmental effects of that scheme;

[F2 “the Directive” means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment;]

[F2 “EIA report” means a report prepared in accordance with regulation 6;]

[F2 “environmental information” means, in respect of a proposed scheme or a modified scheme—

(a)

the EIA report prepared in respect of the scheme;

(b)

any further information provided under regulation 5(3) and (4) in respect of the scheme;

(c)

any supplementary information obtained under regulation 6(5) in respect of the scheme;

(d)

any representations made by any consultative body, or other public body, consulted in respect of the scheme in accordance with these Regulations; and

(e)

any representations duly made by any other person about the environmental effects of the scheme;]

[F2 “modified scheme” means, in relation to a proposed scheme by a local authority—

(a)

in a case where the local authority proposes to make a preliminary decision to confirm the proposed scheme with modifications under paragraph 5(1)(b) of schedule 2 of the Act, the scheme with those modifications;

(b)

in a case where the Scottish Ministers propose to confirm the proposed scheme with modifications under paragraph 7(4)(b) of schedule 2 of the Act, the scheme with those modifications; and

(c)

in a case where the local authority proposes to confirm the proposed scheme with modifications under paragraph 9(1)(b) of schedule 2 of the Act, the scheme with those modifications;]

[F2 “proposed scheme” means a flood protection scheme proposed by a local authority pursuant to section 60(2) of the Act;]

[F2 “relevant assessment” means, in relation to a proposed scheme or a modified scheme, an assessment or verification of effects on the environment carried out pursuant to national legislation which is relevant to the assessment of the environmental impacts of the scheme;]

[F2 “the scheme” means the proposed scheme or the modified scheme in question;]

[F2 “scheme operations” means, in relation to a proposed scheme or a modified scheme, operations described in the scheme;]

F3 ...

[F4 “screening opinion”, in relation to a proposed scheme or a modified scheme, means a written statement of opinion as to whether the scheme is required to be subject to an environmental impact assessment;]

F5 ...

Textual Amendments

F1 Word in reg. 2 substituted (16.5.2017) by The Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/112), regs. 1(1), 2(2)(a) (with reg. 7)

F2 Words in reg. 2 inserted (16.5.2017) by The Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/112), regs. 1(1), 2(2)(c) (with reg. 7)

F3 Words in reg. 2 omitted (16.5.2017) by virtue of The Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/112), regs. 1(1), 2(2)(b) (with reg. 7)

F4 Words in reg. 2 substituted (16.5.2017) by The Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/112), regs. 1(1), 2(2)(d) (with reg. 7)

F5 Words in reg. 2 omitted (1.6.2022) by virtue of The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 7(2)