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

Further information and notices

15.—(1) Where, in the opinion of the Scottish Ministers, the applicant’s statement of environmental information should contain any additional information in order to constitute an environmental statement for the purposes of the application in question, the Scottish Ministers shall direct the applicant to supply that information.

(2) Without prejudice to paragraph (1), the Scottish Ministers, when considering an application in relation to which an applicant’s statement of environmental information has been provided, may direct the applicant to provide such further information as they may specify concerning any matter which is required to be, or may be, dealt with in the environmental statement.

(3) Where any such direction as is mentioned in paragraph (1) or (2) has been given by the Scottish Ministers, the applicant shall comply with the requirements of that direction within such period as may be specified in that direction by the Scottish Ministers or if no such period is specified as soon as is reasonably practicable to do so.

(4) Where information is provided by the applicant pursuant to paragraphs (1) to (3), the applicant shall–

(a) publish, in at least one newspaper circulating in the areas to which the information is relevant, a notice in the form of Form 5 in Schedule 2;

(b) serve a copy of the information on each person on whom, in accordance with these Rules, a copy of the applicant’s statement of environmental information was served together with a notice in the form of Form 5 in Schedule 2;

(c) provide a copy or an additional copy of the information, or any part of the information, to any person who requests it, subject to the payment by that person of a reasonable charge for the provision of any such copy or additional copy; and

(d) provide the Scottish Ministers with 4 copies of the information.

(5) The Scottish Ministers may direct an applicant to produce such evidence, to verify any information in the applicant’s statement of environmental information or in any further information provided as a consequence of a direction given under paragraph (1) or (2), as the Scottish Ministers may require.

(6) Where, after making an application–

(a) an applicant submits to the Scottish Ministers further environmental information in relation to that application otherwise than in pursuance of a direction under paragraph (1) or (2); or

(b) any other person submits further environmental information relevant to that application,

the Scottish Ministers may require the applicant to comply with the steps set out in paragraph (4) in respect of that further information.

(7) Where further information is provided or submitted as mentioned in this rule in a case falling within rule 14(1)(b) or (c), the Scottish Ministers may send that further information to the Member State in question as soon as reasonably practicable and may comply with the requirements of rule 14(7), on the basis that the documents and information mentioned in that rule shall be the further information provided or submitted.