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

Screening by consultative bodies S

[F1 5.— (1) Where a local authority determines that a proposed scheme or a modified scheme is not required to be subject to an environmental impact assessment, it must request and obtain a screening opinion from each consultative body.

(2) Each request for a screening opinion must be accompanied by the information compiled by the local authority in respect of the scheme under regulation 4(4).

(3) Each request for a screening opinion may be accompanied by such further information or representations as the local authority may wish to provide or make.

(4) Within a period of 4 weeks beginning with the day on which the request is received by a consultative body, the consultative body must, if it considers that it has not been provided with sufficient information to give an opinion, give notice to the local authority of the particular matters on which it requires further information, and the local authority must provide such further information as it is reasonably able to provide.

(5) When a consultative body considers that it has sufficient information it must give a screening opinion to the local authority which requested it within 4 weeks of whichever is the later of—

(a) the date of receipt of the request for a screening opinion; and

(b) the date by which it has received the further information referred to in paragraph (4).

(6) Where any of the scheme operations comprise a project described in Annex I of the Directive, the screening opinion of the consultative body must state that the scheme is required to be subject to an environmental impact assessment.

(7) Where paragraph (6) does not apply and any of the scheme operations comprise a project described in Annex II of the Directive, the consultative body must consider whether the scheme is required to be subject to an environmental impact assessment—

(a) on the basis of the following information in respect of the scheme:—

(i) the information provided under paragraph (2);

(ii) any information provided, and representations made, under paragraph (3); and

(iii) any information provided under paragraph (4); and

(b) taking into account the relevant selection criteria specified in schedule 1.

(8) A screening opinion by a consultative body must—

(a) where the consultative body considers that the scheme is required to be subject to an environmental impact assessment, state the main reasons for this opinion with reference to the relevant selection criteria specified in schedule 1; and

(b) where the consultative body considers that the scheme is not required to be subject to an environmental impact assessment—

(i) state the main reasons for this opinion with reference to the selection criteria specified in schedule 1; and

(ii) where proposed, state any features of the scheme which, in its opinion, would avoid or prevent significant adverse effects on the environment.

(9) A local authority must publish each screening opinion given to it under paragraph (5).]

Textual Amendments

F1 Regs. 3-10E substituted for regs. 3-10 (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), 3 (with reg. 7)