Roads (Scotland) Act 1984

[F1 55A Environmental assessment of certain road improvement projects S

(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, [F2 prepare an environmental statement and publish notice of it in accordance with subsections (5) and (5A) and paragraph 7(1C) or 13(1C) as the case may be of Schedule 1 to this Act] .

(3) The Scottish Ministers shall publish any determination made by them in accordance with subsection (2) above.

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Scottish Ministers shall publish [F4 notice of the] 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 [F5 6] weeks running from the date of publication [F6 of notice] of the environmental statement.

[F7 (5A) The notice must state–

(a) that the Scottish Ministers, as the relevant roads authority, are considering implementing the project;

(b) the proposed location and nature of the project;

(c) that the project is subject to the environmental impact assessment procedure prescribed by this section and, where relevant, that section 20B applies;

(d) that a copy of the environmental statement may be inspected at an address in the area in which the project is proposed to be situated during the period specified under paragraph (i);

(e) the times at which the copy of the environmental statement can be so inspected;

(f) an address from which copies of the environmental statement may be obtained and from which further information about the project may be requested during the period specified under paragraph (i);

(g) if a charge is to be made for a copy of the environmental statement, the amount of the charge;

(h) 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, the address of the website where a copy of the environmental statement will be available for inspection by the public during the period specified under paragraph (i);

(i) that any person wishing to make any representations about the project and the environmental statement may do so in writing to the Scottish Ministers at a specified address within a specified period, being a period of not less than 42 days commencing with the date of publication of the notice; and

(j) that the Scottish Ministers will take into consideration any representations so made before deciding whether or not to proceed with the project with or without modifications.

(5B) The Scottish Ministers shall ensure that during the period referred to in subsection (5A)(i)–

(a) copies of the environmental statement are available for inspection by any person free of charge at all reasonable hours at the address specified under subsection (5A)(d);

(b) copies of the environmental statement are available to be obtained from the address specified under subsection (5A)(f); and

(c) 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, a copy of the environmental statement is available for inspection on that website.

(5C) A reasonable charge reflecting the costs of printing, copying and distribution may be made by the Scottish Ministers for the supply of a copy of the environmental statement–

(a) to a person other than a consultation body; or

(b) to a consultation body to which one copy has already been supplied free of charge.

(5D) Where the Scottish Ministers obtain further information relating to the environmental statement and such further information is reasonably required to give proper consideration to the likely environmental effects of the proposed project, except insofar as such further information is required for the purposes of an inquiry held under section 139, subsections (5), (5A), (5B), and (5C) shall apply to such further information as they apply to an environmental statement (subject to any necessary modifications).]

(6) The Scottish Ministers shall ensure that the consultation bodies are given an opportunity to express an opinion on the F8 ... 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

F1 Ss. 55A and 55B substituted for s. 55A (1.8.1999) by S.S.I. 1999/1, reg. 50

F2 Words in s. 55A(2) substituted (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(3)(a)

F3 S. 55A(4) omitted (1.2.2007) by virtue of The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(3)(b)

F4 Words in s. 55A(5) substituted (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(3)(c)(i)

F5 Word in s. 55A(5) substituted (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(3)(c)(ii)

F6 Words in s. 55A(5) inserted (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(3)(c)(iii)

F7 S. 55A(5A)-(5D) inserted (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(3)(d)

F8 Words in s. 55A(6) omitted (1.2.2007) by virtue of The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(3)(e)

Modifications etc. (not altering text)

C1 S. 55A(6) modified (1.10.2015) by The Historic Environment Scotland Act 2014 (Ancillary Provision) Order 2015 (S.S.I. 2015/271), arts. 1, 2(5)(6)(b)