# The Masterplan Consent Area Scheme (Environmental Impact Assessment) (Scotland) Regulations 2024, Regulation 6: EIA development


(1) Subject to paragraphs (3), (4) and (6) the occurrence of an event mentioned in paragraph (2) will determine for the purpose of these Regulations that proposed development is EIA development.
(2) The events referred to in paragraph (1) are—
(a) the adoption of a screening opinion by the planning authority to the effect that the proposed development is EIA development,
(b) the making by the Scottish Ministers of a screening direction to the effect that the proposed development is EIA development,
(c) if no screening opinion has been adopted by the planning authority and no screening direction has been made by the Scottish Ministers, the preparation by the planning authority (or the Scottish Ministers) of an EIA report in relation to the proposed development.
(3) A screening direction by the Scottish Ministers determines for the purpose of these Regulations whether the proposed development is or is not EIA development (whether or not an EIA report has been prepared) and a later screening direction supersedes the terms of an earlier screening direction or screening opinion.
(4) The Scottish Ministers may direct that these Regulations do not apply in relation to a particular proposed development specified in the direction if the development comprises a project having the response to civil emergencies as its sole purpose and where in the opinion of the Scottish Ministers compliance with these Regulations would have an adverse effect on that purpose.
(5) Where a direction is given under paragraph (4) the Scottish Ministers must send a copy of the direction to the planning authority.
(6) The Scottish Ministers may in exceptional cases direct that these Regulations do not apply in relation to a particular proposed development specified in the direction where in the opinion of the Scottish Ministers compliance with these Regulations would have an adverse effect on the purpose of the proposed development.
(7) Before making a direction under paragraph (6) the Scottish Ministers must consider whether another form of assessment would be appropriate and where a direction is given the Scottish Ministers must—
(a) send a copy of the direction to the planning authority,
(b) make available to the public concerned the information considered in making the direction and the reasons for making the direction,
(c) take such steps as are considered appropriate to bring the information obtained under the other form of assessment to the attention of the public concerned.

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Source: https://www.legislation.gov.uk/sdsi/2024/9780111060933/regulation/6 (the official version)
Page: https://openlegislation.uk/draft-masterplan-consent-area-scheme-environmental-impact-assessment-scotland-regulations-2024/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.