The Environmental Assessment (Scotland) Amendment Regulations 1994

Amendments of the Roads (Scotland) Act 1984

4.  The Roads (Scotland) Act 1984(1) shall be amended as follows:–

(a) in section 20A(2), for the words “If he determines” there shall be substituted the words “Where it appears to him”; and after the words “, a statement” there shall be inserted the following words:–

• “identifying, describing and assessing in an appropriate manner, in the light of each individual case and in accordance with Articles 4 to 11 of the Directive, the direct and indirect effects of the project on the factors mentioned in Article 3 of the Directive and”;

(b) in section 55A(2)(2), for the words “If he determines” there shall be substituted the words “Where it appears to him”;

(c) at the end of section 55A(6)(b), there shall be added the following words:–

“and in his decision shall state that he has considered the matters set out in subsection (6)(a) above.”;

(d) after paragraph 7(1A) of Schedule 1 there shall be inserted the following sub-paragraph:–

“(1B) When the Secretary of State issues his decision as to whether or not to make the order he shall state that he has considered the matters set out in paragraph 7(1A) above.”;

(e) after paragraph 13(1A) of Schedule 1 there shall be inserted the following sub-paragraph:–

“(1B) When the Secretary of State issues his decision as to whether or not to make the scheme, he shall state that he has considered the matters set out in paragraph 13(1A) above.”.

(1)

1984 c. 54, amended by S.I. 1988/1221.

(2)

Section 55A(2) was amended by section 42(2) of the New Roads and Street Works Act 1991 (c. 22).