{
  "url": "https://openlegislation.uk/environmental-assessment-scotland-regulations-1988/regulation-4",
  "json_url": "https://openlegislation.uk/environmental-assessment-scotland-regulations-1988/regulation-4.json",
  "legislation": "uksi/1988/1221",
  "legislation_title": "The Environmental Assessment (Scotland) Regulations 1988",
  "legislation_url": "https://openlegislation.uk/environmental-assessment-scotland-regulations-1988",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Interpretation",
  "text": "(1) In this Part of these Regulations, unless the contrary intention appears—\n“the Act” means the Town and Country Planning (Scotland) Act 1972 and expressions used in these Regulations which are also used in the Act have the same meaning as they have in the Act;\n“the 1981 Regulations” means the Town and Country Planning (Development by Planning Authorities) (Scotland) Regulations 1981;\n“annex 1 application” or “annex 2 application” means an application for planning permission (other than an application made under section 28A or section 29 for the carrying out of development of any description mentioned in Schedule 1 or Schedule 2 respectively, not being exempt development;\n“controlled waste” has the meaning assigned to it by section 30(1) of the Control of Pollution Act 1974;\n“regional planning authority” means the council of a Region other than the Highland Region, the Borders Region and the Dumfries and Galloway Region;\n“register” means a register of applications for planning permission kept by the planning authority under section 31(2) in the manner prescribed in article 17(1) of the general development order;\n“reporter” means a person appointed by the Secretary of State under Schedule 7 to the Act to determine an appeal under section 33, or to report to the Secretary of State on an application for planning permission referred to the Secretary of State under section 32 or which is the subject of an appeal under section 33;\n“special road” means a special road authorised by means of a scheme (other than a scheme made by the Secretary of State) under section 7 of the Roads (Scotland) Act 1984 for the use of traffic falling within Classes I and II in Schedule 3 to that Act;\n“special waste” means waste which is special waste for the purposes of the Control of Pollution (Special Waste) Regulations 1980;\nreferences to receipt by a planning authority of applications for planning permission are to be construed as references to receipt as specified in article 10(6) of the general development order; and\nreferences to sections are references to sections of the Act, and references to Schedules are references to Schedules to these Regulations.\n(2) Where the Secretary of State gives a direction which includes a statement that in his opinion proposed development would be likely, or would not be likely, to have significant effects on the environment by virtue inter alia of its nature, size or location or includes such a statement in a notification under regulation 13(2), that statement shall determine whether an application for planning permission for that development is, or is not, an annex 2 application falling within the terms of regulation 6(1)(b) by reason of the effects the development would be likely to have, and references in these Regulations to an application to which regulation 6 applies shall be interpreted accordingly.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1972 c. 52"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 28A was added by the Housing and Planning Act 1986 (c. 63), Schedule 11, paragraph 31; section 29 was amended by the Local Government and Planning (Scotland) Act 1982 (c. 43), Schedule 2, paragraph 6 and by the Housing and Planning Act 1986, Schedule 12."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1974 c. 40"
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1984 c. 54"
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "S.I. 1980/1709"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words inserted",
      "affecting": "uksi/1997/1870",
      "affecting_title": "The Environmental Assessment (Scotland) Amendment Regulations 1997"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/1997/1870",
      "affecting_title": "The Environmental Assessment (Scotland) Amendment Regulations 1997"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/1997/1870",
      "affecting_title": "The Environmental Assessment (Scotland) Amendment Regulations 1997"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/1997/1870",
      "affecting_title": "The Environmental Assessment (Scotland) Amendment Regulations 1997"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/1997/1870",
      "affecting_title": "The Environmental Assessment (Scotland) Amendment Regulations 1997"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/1997/1870",
      "affecting_title": "The Environmental Assessment (Scotland) Amendment Regulations 1997"
    },
    {
      "type": "inserted",
      "affecting": "uksi/1997/1870",
      "affecting_title": "The Environmental Assessment (Scotland) Amendment Regulations 1997"
    },
    {
      "type": "amended",
      "affecting": "uksi/1994/2012",
      "affecting_title": "The Environmental Assessment (Scotland) Amendment Regulations 1994"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/1996/972",
      "affecting_title": "The Special Waste Regulations 1996"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1988/1221/regulation/4",
    "retrieved_at": "2026-10-29T16:03:32.715746+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."
}