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- Point in Time (16/05/2017)
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Version Superseded: 31/12/2020
Point in time view as at 16/05/2017.
Roads (Scotland) Act 1984, Paragraph 7 is up to date with all changes known to be in force on or before 20 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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7(1)F1... after considering objections (if any) to the proposed order or, as the case may be, the order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may [F2— S
(a)make or confirm the order (with or without modifications); or
(b)where the order is subject to the affirmative procedure by virtue of section 143A(3) of this Act, lay before the Scottish Parliament a draft statutory instrument containing the order (with or without modifications).]
[F3(1A)Where the Scottish Ministers have published an [F4EIA report] they shall take into consideration–
[F7(b)any opinion on that [F5report] 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 [F820F] 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 [F5report] 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.]
[F9(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 must publish their decision together with a statement confirming they have complied with sub-paragraph (1A) and must notify the consultation bodies by sending to them copies of documents containing—
(a)a description of the project,
(b)the terms of the decision,
(c)the main reasons and considerations on which the decision is based,
(d)information about the arrangements taken to ensure the public had the opportunity to participate in the decision making procedures,
(e)a summary of—
(i)the environmental information, and
(ii)the results of the consultations and information gathered pursuant to section 20C and, where relevant, section 20F, and how those results, in particular comments received from another EEA State pursuant to consultation under section 20F, have been incorporated or otherwise addressed,
(f)if the decision is to proceed with the project—
(i)any conditions to which the decision is subject,
(ii)the reasoned conclusion referred to in section 20B(1)(d),
(iii)a statement that the Scottish Ministers are satisfied that the reasoned conclusion is still up to date,
(iv)a description of any features of the project and any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment,
(v)a description of any monitoring measures required under section 20G, and
(g)information regarding the right to challenge the validity of the decision and the procedures for doing so,
and at the same time must make such documents available to the public.]
[F10(1BA)Where—
(a)the Scottish Ministers publish under sub-paragraph (1B) above a decision to proceed with a project; and
[F11(b)the order giving effect to that decision is subject to the affirmative procedure by virtue of section 143A(3) of this Act,]
they shall publish together with the decision a statement to the effect that [F12the order cannot be made unless the Scottish Parliament, by resolution, approves a draft statutory instrument containing it] .]
[F13(1BB)For the purposes of sub-paragraph (1B)(f)(iii) the reasoned conclusion referred to in section 20B(1)(d) is still up to date if the Scottish Ministers are satisfied, having regard to current knowledge and methods of assessment, that the reasoned conclusion addresses the likely significant effects of the project on the environment.]
[F14(1C)Any requirement for publication in connection with an environmental impact assessment shall be met by publication—
(a)in the Edinburgh Gazette,
(b)in at least one local newspaper circulating in the area in which the project is situated, and
(c)on the website the Scottish Ministers use for the purpose of giving information to the public about projects of a category into which the project in question falls.]
[F15(1D)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 [F1611] (a) of the Directive and rights capable of being impaired for the purposes of Article [F1611] (b) of the Directive.]
(2)The power under this paragraph to make or confirm the order 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 he thinks fit) while deferring consideration of the remaining part.]
Textual Amendments
F1Words in Sch. 1 para. 7(1) repealed (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), sch. 3; S.S.I. 2007/516, art. 2 (with S.S.I. 2007/517, arts. 1(1), 4(2)-(4))
F2Words in Sch. 1 para. 7(1) substituted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 14(a) (with art. 16)
F3Sch. 1 para. 7(1A)-(1C) substituted for Sch. 1 para. 7(1A)(1B) (1.8.1999) by S.S.I. 1999/1, reg. 52
F4Words in Sch. 1 para. 7(1A) substituted (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 9(a)(i) (with reg. 12)
F5Word in Sch. 1 para. 7(1A) substituted (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 9(a)(ii) (with reg. 12)
F6Word in Sch. 1 para. 7(1A) omitted (1.2.2007) by virtue of The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(a)
F7Sch. 1 para. 7(1A)(b)(c) substituted for Sch. 1 para. 7(1A)(b) (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(a)
F8Word in Sch. 1 para. 7(1A) substituted (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 9(a)(iii) (with reg. 12)
F9Sch. 1 para. 7(1B) substituted (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 9(b) (with reg. 12)
F10Sch. 1 para. 7(1BA) inserted (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 24(4)(a), 30(4); S.S.I. 2007/516, art. 2
F11Sch. 1 para. 7(1BA)(b) substituted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 14(b)(i) (with art. 16)
F12Words in Sch. 1 para. 7(1BA) substituted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 14(b)(ii) (with art. 16)
F13Sch. 1 para. 7(1BB) inserted (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 9(c) (with reg. 12)
F14Sch. 1 para. 7(1C) substituted (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 9(d) (with reg. 12)
F15Sch. 1 para. 7(1D) inserted (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(d)
F16Word in Sch. 1 para. 7(1D) substituted (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 9(e) (with reg. 12)
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