[F19.—(1) Before giving notice under paragraph 7(5) of schedule 2 of the Act of proposed modifications to a proposed scheme by a local authority, the Scottish Ministers must by notice to the local authority—
(a)state that they propose to confirm the scheme with modifications;
(b)describe the proposed modifications; and
(c)explain the reasons for the modifications.
(2) Where the local authority is not required to prepare an EIA report in respect of the modified scheme, it must send to the Scottish Ministers a copy of—
(a)its determination under regulation 4(5); and
(b)each screening opinion received under regulation 5(5),
in respect of the modified scheme.
(3) Where the local authority is required to prepare an EIA report in respect of the modified scheme, it must send to the Scottish Ministers a copy of—
(a)the EIA report;
(b)the notice of the modified scheme given, or to be given, by it under paragraph 1(1) of schedule 2 of the Act (pursuant to regulation 8(1));
(c)any written representations about the EIA report which it receives within the 30-day period;
(d)any valid objections to the modified scheme which it receives; and
(e)any late objection to the modified scheme which it receives, if satisfied that it was reasonable for the objector to make the objection after the deadline for doing so.
(4) The Scottish Ministers must not give notice under paragraph 7(5) of schedule 2 of the Act in relation to a modified scheme until they have received, pursuant to paragraph (2) or (3), a copy of the determination and screening opinions or, as the case may be, the EIA report.
(5) Where the local authority is required to prepare an EIA report in respect of the modified scheme, the Scottish Ministers—
(a)must not make a decision to confirm the scheme under paragraph 7(4) of schedule 2 of the Act before the expiry of the 30-day period; and
(b)must, before taking any such decision, (in addition to considering any objection made pursuant to paragraph 7(5) of schedule 2 of the Act)—
(i)consider any written representations about the EIA report which the local authority receives within the 30-day period;
(ii)take into account any other environmental information in respect of the scheme;
(iii)consider any valid objections to the modified scheme (unless withdrawn) which the local authority receives; and
(iv)consider any late objection to the modified scheme received from the local authority; and
(c)must, when taking any such decision, be satisfied that the reasoned conclusion (referred to in regulation 2A(1)(d)) in respect of the scheme is still up to date.
(6) In paragraphs (3) and (5), “the 30-day period” means the period of 30 days beginning with the first day on which notice of the modified scheme is given (pursuant to regulation 8(1)) in accordance with sub-paragraphs (1) and (2) of paragraph 1 of schedule 2 of the Act.]
Textual Amendments
F1Regs. 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)