{
  "url": "https://openlegislation.uk/environmental-assessment-scotland-act-2005/section-5",
  "json_url": "https://openlegislation.uk/environmental-assessment-scotland-act-2005/section-5.json",
  "legislation": "asp/2005/15",
  "legislation_title": "Environmental Assessment (Scotland) Act 2005",
  "legislation_url": "https://openlegislation.uk/environmental-assessment-scotland-act-2005",
  "path": "section/5",
  "kind": "section",
  "number": "5",
  "heading": "Qualifying plans and programmes",
  "text": "(1) In this Act, qualifying plans and programmes are plans and programmes of a description set out in subsection (3) or (4)—\n(a) in respect of which the first formal preparatory act is on or after the coming into force of this section; and\n(b) which are not exempt by virtue of section 7(1) or 8(2).\n(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.\n(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—\n(a) which—\n(i) is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use; and\n(ii) sets the framework for future development consent of projects listed in schedule 1;\n(b) which, in view of the likely effect on sites, has been determined to require an assessment pursuant to any assimilated 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 Council Directive 2013/17/EU); or\n(c) which does not fall within paragraph (a) or (b) but sets the framework for future development consent of projects.\n(4) The description set out in this subsection is a plan or programme (to which this Act applies)—\n(a) which is prepared by a responsible authority as specified in, or by virtue of, section 2(4); and\n(b) which—\n(i) is not a plan or programme of a description set out in subsection (3); and\n(ii) is not of a type specified in, or by virtue of, section 6(1).\n(5) The Scottish Ministers may by order modify schedule 1.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 5 in force at 20.2.2006 by S.S.I. 2006/19, art. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2005/15/section/5",
    "retrieved_at": "2026-10-29T20:16:20.653348+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."
}