Section 5 Qualifying plans and programmesI1

Scotland

(1)

In this Act, qualifying plans and programmes are plans and programmes of a description set out in subsection (3) or (4)—

(a)

in respect of which the first formal preparatory act is on or after the coming into force of this section; and

(b)

which are not exempt by virtue of section 7(1) or 8(2).

(2)

But a plan or programme is a qualifying plan or programme only to the extent that it relates to matters of a public character.

(3)

The description set out in this subsection is a plan or programme (to which this Act applies) which is required by a legislative, regulatory or administrative provision and—

(a)

which—

(i)

is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use; and

(ii)

sets the framework for future development consent of projects listed in schedule 1;

(b)

which, in view of the likely effect on sites, has been determined to require an assessment pursuant to F1any F2assimilated law extending to Scotland which implemented Article 6 or 7 of Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna (as last amended by F3Council Directive 2013/17/EU); or

(c)

which does not fall within paragraph (a) or (b) but sets the framework for future development consent of projects.

(4)

The description set out in this subsection is a plan or programme (to which this Act applies)—

(a)

which is prepared by a responsible authority as specified in, or by virtue of, section 2(4); and

(b)

which—

(i)

is not a plan or programme of a description set out in subsection (3); and

(ii)

is not of a type specified in, or by virtue of, section 6(1).

(5)

The Scottish Ministers may by order modify schedule 1.

Annotations

Textual amendments

F1: Words in s. 5(3)(b) inserted (31.12.2020) by The Environmental Assessment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/178), regs. 1(2)(b), 3(2); 2020 c. 1, Sch. 5 para. 1(1)
F2: Word in s. 5(3)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 1 para. 5(2)
F3: Words in s. 5(3)(b) substituted (30.6.2019) by The Environmental Assessment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/178), regs. 1(2)(a), 2(2)

Commencement

I1: S. 5 in force at 20.2.2006 by S.S.I. 2006/19, art. 2