{
  "url": "https://openlegislation.uk/environmental-impact-assessment-scotland-regulations-1999/regulation-22",
  "json_url": "https://openlegislation.uk/environmental-impact-assessment-scotland-regulations-1999/regulation-22.json",
  "legislation": "ssi/1999/1",
  "legislation_title": "The Environmental Impact Assessment (Scotland) Regulations 1999",
  "legislation_url": "https://openlegislation.uk/environmental-impact-assessment-scotland-regulations-1999",
  "path": "regulation/22",
  "kind": "regulation",
  "number": "22",
  "heading": "Development by planning authority – preliminary",
  "text": "(1) Before a planning authority take any action under regulation 4 of the 1981 Regulations in respect of development which appears to them to be Schedule 1 or Schedule 2 development, they shall–\n(a) consult such of the consultation bodies as they consider appropriate and then adopt a screening opinion; or\n(b) request the Scottish Ministers in writing to make a screening direction.\n(2) Where a planning authority are minded to undertake development which appears to them to be Schedule 1 or Schedule 2 development and which they consider may be development–\n(a) of a description specified in Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (other than development of a description specified in article 3(10) of that Order); or\n(b) for which permission would be granted but for regulation 27(1),\nthey shall–\n(i) consult such of the consultation bodies as they consider appropriate and then adopt a screening opinion; or\n(ii) request the Scottish Ministers in writing to make a screening direction.\n(3) Any approach for consultation or request to the Scottish Ministers under paragraph (1) or (2) shall be accompanied by–\n(a) a plan sufficient to identify the land on which the development would be carried out;\n(b) a brief description of the nature and purpose of the development and of its possible effects on the environment; and\n(c) such other information or representations as the authority may wish to provide or make.\n(4) Paragraphs (3) and (4) of regulation 6 shall apply to a request under paragraph (1)(b) or (2)(ii) of this regulation as they apply to a request made pursuant to regulation 5(6).\n(5) Where the screening opinion of the planning authority is to the effect that their development is EIA development or the Scottish Ministers make a screening direction to that effect, the planning authority shall prepare an environmental statement in respect of the development.\n(6) This regulation and regulations 23 to 26 shall not apply in a case where the notices and consultation of a planning authority under regulation 4(2) of the 1981 Regulations were given and carried out respectively, or the application of a planning authority was made, before 1st August 1999.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1992/223; relevant amending instrument is S.I. 1997/1871."
    }
  ],
  "outstanding_effects": [
    {
      "type": "omitted",
      "affecting": "ssi/2007/176",
      "affecting_title": "The Planning etc. (Scotland) Act 2006 (Consequential Provisions) Order 2007"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/1999/1/regulation/22",
    "retrieved_at": "2026-10-28T22:53:38.551520+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."
}