SCHEDULES
C1SCHEDULE 1 Procedures for Making or Confirming Certain Orders and Schemes
Part II Schemes Under Sections 7 and 75(3)
13
1
F11...after considering objections (if any) to the proposed scheme which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may make or confirm the scheme either without modification or subject to such modifications as he thinks fit.
F11A
Where the Scottish Ministers have published an environmental statement they shall take into consideration–
a
that statement; F3...
F4b
any opinion on that statement or the project which is expressed in writing by any of the consultation bodies or by any other person and is received by the Scottish Ministers within any period specified for the purpose by them; and
c
where section 20B applies and the EEA State has indicated in accordance with subsection (4) of that section that it wishes to participate in the environmental impact assessment procedure, any opinion on that statement or the project which is expressed in writing by the EEA State, by a member of the public in the EEA State or by any of the authorities referred to in Article 6(1) of the Directive and is received by the Scottish Ministers within any period specified for the purpose by them.
1B
When the Scottish Ministers have decided whether to proceed with the project in relation to which an environmental impact assessment has been made they shall publish their decision together with a statement confirming that they have complied with sub-paragraph (1A) above and shall F5notify the consultation bodies and make available to the public documents containing–
a
the content of the decision and any conditions attached to it;
b
F7bb
information regarding the right to challenge the validity of the decision and the procedures for doing so; and
c
where their decision is to proceed with the project, a description of the main measures which will be taken to avoid, reduce and if possible offset any major adverse effects of the project.
F101BA
Where—
a
the Scottish Ministers publish under sub-paragraph (1B) above a decision to proceed with a project; and
b
the statutory instrument giving effect to that decision is to be laid before the Scottish Parliament under section 143A(3)(a) of this Act,
they shall publish together with the decision a statement to the effect that the instrument cannot come into force until the Scottish Parliament, by resolution, approves it.
1C
Any requirement for publication in connection with an environmental impact assessment shall be met by publication in The Edinburgh Gazette and in at least one local newspaper circulating in the area in which the project is situated F9and where the Scottish Ministers use a website for the purpose of giving information to the public about projects of a category into which the project in question falls, by publication on that website .
F21D
Any non-governmental organisation promoting environmental protection and meeting any requirements under the law shall be deemed to have an interest for the purposes of Article 10a(a) of the Directive and rights capable of being impaired for the purposes of Article 10a(b) of the Directive.
2
The power under this paragraph to make or confirm the scheme includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as the Secretary of State thinks fit) while deferring consideration of the remaining part.
Sch. 1 excluded (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 30(6), 34(7)(with savings ss. 47(4), 167(2)); S.I. 1991/2286, art. 2(1), Sch. 1