Regulation 8 Exemptions

(1)

The Scottish Ministers may, in accordance with Article 2(4) of the Directive F1..., direct that these Regulations do not apply in exceptional cases in relation to particular proposed works specified in the direction where in the opinion of the Scottish Ministers compliance with these Regulations would have an adverse effect on the purpose of the proposed works.

(2)

Where a direction is given under paragraph (1) the Scottish Ministers must—

(a)

send a copy of any such direction to—

(i)

the applicant; and

(ii)

any relevant local planning authority;

(b)

make available to the public concerned the information considered in making the direction and the reasons for making the direction;

(c)

consider whether another form of assessment would be appropriate; and

(d)

if in the opinion of the Scottish Ministers another form of assessment would be appropriate, take such steps as are considered appropriate to bring the information obtained under the other form of assessment to the attention of the public concerned.

(3)

The Scottish Ministers may direct that these Regulations do not apply in relation to particular proposed works specified in the direction if the works comprise a project having the response to civil emergencies as its sole purpose and where in the opinion of the Scottish Ministers compliance with these Regulations would have an adverse effect on that purpose.

(4)

The Scottish Ministers may direct that these Regulations do not apply F2in respect of schedule 1 works or schedule 2 works if they are satisfied that—

(a)

assessment of any effects on the environment of the works has already been, is being or is to be carried out by the Scottish Ministers or by another consenting authority; and

(b)

such assessment is, or will be, sufficient to meet the requirements of F3any law of any part of the United Kingdom that implemented the Directive in relation to the works.

F4(4A)

The Scottish Ministers may direct that these Regulations do not require an environmental impact assessment to be carried out in relation to BBNJ works if they are satisfied that an equivalent assessment has been carried out, is being carried out or will be carried out in relation to the works.

(4B)

The Scottish Ministers may not grant a regulatory approval for BBNJ works in respect of which a direction under paragraph (4A) has been given unless they have determined that to do so would be compatible with the United Kingdom’s obligations under Part 4 of the Biodiversity Beyond National Jurisdiction Agreement.

(4C)

For the purposes of paragraph (4A), an assessment is an equivalent assessment if it is sufficient to meet the requirements of Part 4 of the Biodiversity Beyond National Jurisdiction Agreement.

(5)

The Scottish Ministers may, in accordance with Article 2(5) of the Directive F5..., direct that the provisions of these Regulations relating to public consultation do not apply in cases where a project is adopted pursuant to an enactment (including an Act of the Scottish Parliament or any instrument made under such an Act), provided that the objectives of the Directive are met.

F6(6)

For the purpose of paragraph (1), Article 2(4) of the Directive is to be read as if—

(a)

in the first sub-paragraph—

(i)

“Without prejudice to Article 7,” were omitted;

(ii)

for “Member States” there were substituted “the Scottish Ministers”;

(b)

in the second sub-paragraph—

(i)

for “Member States”, there were substituted “Scottish Ministers”;

(ii)

point (c) were omitted;

(c)

the third and fourth sub-paragraphs (each beginning “The Commission”) were omitted.

(7)

For the purpose of paragraph (5), Article 2(5) of the Directive is to be read as if—

(a)

in the first sub-paragraph—

(i)

“Without prejudice to Article 7,” were omitted;

(ii)

for “Member States” there were substituted “The Scottish Ministers”;

(b)

the second sub-paragraph were omitted.

Annotations

Textual amendments

F1: Words in reg. 8(1) omitted (31.12.2020) by virtue of The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in reg. 8(4) inserted (9.8.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 24(3)(a), 32(2) (with s. 30); S.I. 2026/827, reg. 2(j)
F3: Words in reg. 8(4)(b) inserted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4: Reg. 8(4A)-(4C) inserted (9.8.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 24(3)(b), 32(2) (with s. 30); S.I. 2026/827, reg. 2(j)
F5: Words in reg. 8(5) omitted (31.12.2020) by virtue of The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F6: Reg. 8(6)(7) inserted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 5(3)(c); 2020 c. 1, Sch. 5 para. 1(1)