{
  "url": "https://openlegislation.uk/draft-transport-and-works-scotland-act-2007-applications-and-objections-procedure-rules-2007/schedule-3",
  "json_url": "https://openlegislation.uk/draft-transport-and-works-scotland-act-2007-applications-and-objections-procedure-rules-2007/schedule-3.json",
  "legislation": "sdsi/2007/9780110784915",
  "legislation_title": "The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007",
  "legislation_url": "https://openlegislation.uk/draft-transport-and-works-scotland-act-2007-applications-and-objections-procedure-rules-2007",
  "path": "schedule/3",
  "kind": "schedule",
  "number": "3",
  "heading": "THOSE TO BE SERVED WITH A COPY OF THE APPLICATION AND DOCUMENTS",
  "text": "Column (1)\nColumn (2)\nAuthority sought for–\nDocuments to be served on–\n1 Works or other matters.\n1 The relevant constituency member, and each relevant regional member, of the Scottish Parliament.\n2 Works affecting the foreshore below mean high water spring tides, or tidal waters, or the bed of, or the subsoil beneath tidal waters.\n2 The Crown Estate Commissioners;\nthe Commissioners of Northern Lighthouses;\nScottish Natural Heritage;\nthe Scottish Ministers (marked “for the attention of the Scottish Government Transport Directorate”);\nthe Secretary of State for Transport (marked “for the attention of Maritime and Coastguard Agency”);\nthe Scottish Environment Protection Agency;\nthe Royal Yachting Association.\n3 Works affecting the banks or the bed of, or the subsoil beneath, a river.\n3 The Scottish Environment Protection Agency;\nthe relevant district salmon fishery board.\n4 Works affecting the banks or the bed of, or the subsoil beneath, an inland waterway comprised in the undertaking of the British Waterways Board or any reservoirs, feeders, sluices, locks, lifts, drains and other works comprised in or serving the undertaking.\n4 The British Waterways Board;\nthe Inland Waterways Advisory Council;\nScottish Natural Heritage;\nthe Scottish Environment Protection Agency;\nScottish Water.\n5 Works affecting the banks or the bed of, or the subsoil beneath, an inland waterway not comprised in the undertaking of the British Waterways Board or any reservoirs, feeders, sluices, locks, lifts, drains and other works comprised in or serving that inland waterway.\n5 The Inland Waterways Advisory Council;\nthe Scottish Environment Protection Agency;\nScottish Natural Heritage;\nScottish Water;\nthe operator of the relevant inland waterway.\n6 Works causing or likely to cause an obstruction to the passage of fish in a river.\n6 Scottish Natural Heritage;\nthe Scottish Environment Protection Agency;\nthe relevant district salmon fishery board.\n7 Works involving tunnelling or excavation deeper than 3 metres below the surface of the land, other than for piling or making soil test.\n7 The Scottish Environment Protection Agency.\n8 Works affecting an area under the control of a harbour authority as defined in section 57(1) of the Harbours Act 1964 (interpretation).\n8 The relevant harbour authority and the relevant navigation authority (if different).\n9 Works affecting a site protected under section 1 of the Protection of Wrecks Act 1973 (protection of sites of historic wrecks).\n9 The Scottish Ministers (marked “for the attention of Historic Scotland”).\n10 Works affecting, or involving the stopping–up or diversion of, a road or affecting a proposed road.\n10 The relevant roads authority or, where the road is not maintainable at the public expense, the road managers.\n11 The stopping up or diversion of a footpath, a bridleway or a cycle track.\n11 The relevant community council;\nthe Scottish Public Rights of Way Society;\nthe Ramblers Association Scotland;\nthe British Horse Society;\nSustrans Scotland;\nCycling Scotland.\n12 The construction of a transport system involving the placing of equipment in or over a road.\n12 The relevant roads authority or, where the road is not maintainable at the public expense, the road managers.\n13 Works affecting land in, on or over which is installed the equipment of a statutory undertaker.\n13 The relevant statutory undertaker.\n14 Works in an area of coal working notified to the planning authority by the British Coal Corporation or the Coal Authority.\n14 The Coal Authority.\n15 Works affecting–\n(i) a building listed under Part 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or its setting;\n(ii) a conservation area designated under Part 2 of that Act; or\n(iii) a scheduled monument within the meaning of section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979.\n15 The Scottish Ministers (marked “for the attention of Historic Scotland”).\n16 Works affecting a garden or other designed landscape identified in “An Inventory of Gardens and Designed Landscapes in Scotland – List of Sites 2007”, published by the Scottish Ministers in 2007.\n16 The Scottish Ministers (marked “for the attention of Historic Scotland”).\n17 Works affecting–\n(i) a site of special scientific interest notified under section 23 of the National Parks and Access to the Countryside Act 1949 or section 3(1) or 5(1) of the Nature Conservation (Scotland) Act 2004 or land within 3 kilometres of any such site;\n(ii) an European site or an European marine site as those expressions are defined in regulations 2(1) and 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994 or land within 3 kilometres of any such site;\n(iii) a national scenic area designated under section 263A of the Town and Country Planning (Scotland) Act 1997 or land within 3 kilometres of any such area;\n(iv) land in respect of which a declaration has been made under section 19 of the National Parks and Access to the Countryside Act 1949 (declarations that areas are nature reserves) or land declared to be a national nature reserve under section 35 of the Wildlife and Countryside Act 1981 or other land within 3 kilometres of any such land; or\n(v) a site designated for inclusion in the list of wetlands of international importance pursuant to the Convention on Wetlands of International Importance signed at Ramsar, Iran on 2nd February 1971, as amended by–\n(a) the Protocol known as the Paris Protocol done at Paris on 3rd December 1982; and\n(b) the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28th May and 3rd June 1987,\nor land within 3 kilometres of any such site.\n17 Scottish Natural Heritage;\nthe Scottish Environment Protection Agency.\n18 Works affecting land used, or last used, as a playing field.\n18 Sportscotland.\n19 Works affecting amenity in the area of a community council.\n19 The relevant community council.\n20 Works affecting a National Park designated by an order made under section 6(1) of the National Parks (Scotland) Act 2000.\n20 The relevant National Park authority;\nScottish Natural Heritage.\n21 Works which are within 250 metres of land that is or has been used for the deposit of refuse or waste.\n21 The Scottish Environment Protection Agency.\n22 The carrying out of an operation requiring hazardous substances consent under the Planning (Hazardous Substances) (Scotland) Act 1997.\n22 The relevant local authority;\nthe relevant National Park authority;\nall those referred to as consultees in regulation 11(1) of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 (consultation before grant of hazardous substances consent).\n23 Works which would affect the operation of any existing railway or tramway services provided under statutory powers or the construction of a new railway or of any new tramway.\n23 The Scottish Ministers (marked “for the attention of Transport Scotland”);\nthe Office of Rail Regulation;\nNetwork Rail;\nthe Rail Passengers' Council;\nthe Public Transport Users' Committee for Scotland;\nthe British Transport Police Authority;\nthe operator of the relevant transport system.\n24 The right for a person providing transport services to use a transport system belonging to another or works to alter or demolish a transport system.\n24 The operator of the relevant transport system.\n25 Works affecting land in which there is a Crown interest.\n25 The appropriate authority for the land.\n26 Works.\n26 The relevant local authority;\nScottish Environmental Link (Company Number SC250899).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1964 c. 40."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1973 c. 33."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1997 c. 9."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1979 c. 46."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "ISBN 978 1 904966 44 9. A copy is available at www.historic-scotland.gov.uk."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "1949 c. 97; section 23 was repealed by the Wildlife and Countryside Act 1981 (c. 69), Schedule 17, but notifications under section 23 can continue to have effect by virtue of the Nature Conservation (Scotland) Act 2004 (asp 6), schedule 5, paragraphs 8 to 10."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "2004 asp 6."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "S.I. 1994/2716; the relevant amending instruments are S.S.I. 2004/475 and 2007/80."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "1997 c. 8; section 263A is inserted by the Planning etc. (Scotland) Act 2006 (asp 17), section 50."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "Section 19 was amended by the Nature Conservancy Council Act 1973 (c. 54), Schedule 1, paragraph 1."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "1981 c. 69."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "2000 asp 10."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "1997 c. 10."
    },
    {
      "type": "footnote",
      "label": "f14",
      "text": "S.I. 1993/323 as amended by S.I. 1994/2567 and 1996/252 and S.S.I. 2000/179 and 2003/1."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2007/9780110784915/schedule/3",
    "retrieved_at": "2026-10-30T15:38:56.657598+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}