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

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30.—(1) This paragraph shall apply where–

(a)it appears to the Scottish Ministers that the proposed order relates to works which would be likely to have significant effects on the environment of another Member State; or

(b)another Member State whose environment is likely to be significantly affected by the works to which the proposed order relates, requests information relating to the proposed order.

(2) Where this paragraph applies, the Scottish Ministers shall–

(a)send the information mentioned in rule 14(5) to the Member State in question as soon as reasonably practicable and in any event no later than the publication date or, in a case falling within sub paragraph (1)(b), no later than 7 days after receiving a request from the Member State in question;

(b)give the Member State in question a reasonable time in which to indicate whether it wishes to participate in the procedure for consideration of the proposed order;

(c)take such steps as they consider necessary to ensure that the public is informed that the project is likely to have significant effects on the environment of another Member State and that the provisions of this paragraph apply;

(d)where a Member State has indicated that it wishes to participate in the procedure for considering the proposed order, send to the State in question (in so far as these documents and information have not already been supplied to that State) a copy of the proposed order and of the environmental statement and any other relevant information regarding the procedure for considering the proposed order and for undertaking an environmental impact assessment of the proposed works; and

(e)comply with the requirements of rule 14(7) and (8), on the basis that the documents and information to be made available under rule 14(7)(a) shall be the documents and information referred to in rule 14(5) and sub paragraph (2)(d) of this paragraph.

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