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

Pre-application documentationS

This section has no associated Executive Note

3.—(1) The applicant shall send to the Scottish Ministers not later than 42 days before making an application a draft of–

(a)the proposed order under section 1 of the Act;

(b)the explanatory memorandum to the order; and

(c)the statement and memorandum in respect of legislative competence,

that the applicant intends to submit in pursuance of rule 8(2).

(2) Where an applicant has sent drafts to the Scottish Ministers in accordance with the provisions of paragraph (1) but subsequently amends any of those drafts the applicant shall not be required to send any amended drafts to the Scottish Ministers before making an application unless the applicant is of the opinion that any amendment substantially alters the nature or effect of the proposed order.

[F1(3) The applicant must, not later than 42 days before making the application, send a draft of the applicant’s EIA report to—

(a)the Scottish Ministers; and

(b)the consultation bodies.

(4) The applicant must, within the timescale specified by the Scottish Ministers, send a draft of the EIA report to any other public body which the Scottish Ministers have advised the applicant is likely to have an interest in the proposed works by reason of that body’s specific environmental responsibilities or local and regional competencies.]

Textual Amendments