Regulation 2 Environmental impact assessments

(1)

Section 105A of the 1980 Act ^f1 (environmental impact assessments) is amended as follows.

(2)

In subsection (1)—

(a)

omit the definition of “the Directive”; and

(b)

omit “and” at the end of the definition of “Annex” and after this definition insert—

““the Directive” means Council Directive No. 85/337/EEC^f2 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive No. 97/11/EC^f3 and Directive No. 2003/35/EC^f4 of the European Parliament and Council;

“member of the public” includes any body of persons corporate or unincorporate;

“public authority” means any authority or other body on which functions are conferred by or under an enactment, including an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament; and”.

(3)

In subsection (3) for “publish an environmental statement” substitute “prepare an environmental statement and publish notice of it in accordance with subsections (3), (3A) and (7) of section 105B”.

Annotations

Footnotes

f1: Section 105A was inserted by regulation 2 of the Highways (Assessment of Environmental Effects) Regulations 1999 (S.I. 1999/369).
f2: OJ No L 175, 5.7.85, p 40.
f3: OJ No L 73, 14.3.97, p 5.
f4: OJ No L 156, 25.6.03, p 17.