Textual Amendments
F1S. 49A and preceding cross-heading inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 40(2); S.I. 1992/1286, art. 2, Sch
(1)If the Scottish Ministers as roads authority have under consideration–
(a)the making of an order such as is mentioned in paragraph 1 of Schedule 1 to this Act relating to the improvement of a road; or
(b)the improvement of a road without such an order,
they shall, before details of the project are published, determine whether or not it falls within Annex I or Annex II.
(2)If the Scottish Ministers determine that the project–
(a)falls within Annex I, or
(b)is a relevant project falling within Annex II and that, having regard to the selection criteria contained in Annex III, it should be made subject to an environmental impact assessment in accordance with the Directive,
they shall no later than the date when details of the project are published, publish an environmental statement.
(3)The Scottish Ministers shall publish any determination made by them in accordance with subsection (2) above.
(4)Any project for the improvement of a special road which falls within Annex II shall be treated as having characteristics that require it to be made subject to an environmental impact assessment.
(5)The Scottish Ministers shall publish any environmental statement so as to ensure that members of the public who are likely to be concerned are given a reasonable opportunity to express an opinion before they decide whether to proceed with the project, and they shall not make any such decision without taking into consideration any opinion so expressed to them within a period of 3 weeks running from the date of publication of the environmental statement.
(6)The Scottish Ministers shall ensure that the consultation bodies are given an opportunity to express an opinion on the published details of the project and the environmental statement before they decide whether to proceed with the project.
(7)In this section, the expressions “the Directive”, “Annex”, “relevant project” and “sensitive area” shall have the meanings assigned to those expressions in section 20A(9) of this Act with the proviso that in the definition of “relevant project” the reference to the construction of a new road shall be a reference to the improvement of a road and cognate expressions shall be construed accordingly.]
Textual Amendments
F2Ss. 55A and 55B substituted for s. 55A (1.8.1999) by S.S.I. 1999/1, reg. 50