[F1 The decisionE+W+S
Textual Amendments
F1Sch. 3 substituted (1.2.2000) by The Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/3445), reg. 15(4), Sch. 3
19(1)The Secretary of State shall consider—E+W+S
(a)any environmental statement supplied under paragraph 8(1) [F2and any further information falling within paragraph 10A(2)];
(b)the result of any consultations under paragraph 15;
(c)any opinion sent under paragraph 16(5)(b) and the result of any consultations with other EEA States under paragraph 16(6)(a);
(d)any objections made and not withdrawn; [F3and]
[F4(da)any representations made under paragraph 10(2)(f) or 10A(4)(d);]
(e)the report of any person who held an inquiry and of any person appointed for the purpose of hearing an objector under paragraph 18[F5; and
(f)any written representations submitted to the Scottish Ministers by the applicant or any objector in elaboration of the application or, as the case may be, objection.]
(2)Following the consideration required by sub-paragraph (1) the Secretary of State shall decide—
(a)not to make the order applied for,
(b)to make it in the form of the draft submitted to him, or
(c)to make it with modifications.
Textual Amendments
F2Words in Sch. 3 para. 19(1)(a) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(i)(i), 30(3) (with s. 30(5))
F3Word in Sch. 3 para. 19(1) repealed (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 46(5), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2
F4Sch. 3 para. 19(1)(da) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(i)(ii), 30(3) (with s. 30(5))
F5Sch. 3 para. 19(1) and preceding word inserted (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 46(5), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2
20(1)This paragraph applies where the Secretary of State decides under paragraph 6(1)—E+W+S
(a)that the application relates to a project which falls within Annex I or II to the Directive, and
(b)in the case of an application relating to a project which falls within Annex II to the Directive, that the project is a relevant project.
(2)The Secretary of State shall publish [F6by Gazette and local advertisement] the following information—
(a)the content of the decision whether or not to make the order and any conditions attached to the decision,
(b)the main reasons and considerations on which his decision is based,
[F7(ba)details of what provision was made for public participation in the making of the decision,
(bb)a statement regarding the right to challenge the validity of the decision and the procedures for doing so,]
(c)a description, where necessary, of the main measures to prevent, reduce or offset the major adverse effects, and
(d)a statement that the matters referred to in paragraph 19(1) have been taken into consideration.]
Textual Amendments
F6Words in Sch. 3 para. 20(2) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(j)(i), 30(3) (with s. 30(5))
F7Sch. 3 para. 20(2)(ba)(bb) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(j)(ii), 30(3) (with s. 30(5))