{
  "url": "https://openlegislation.uk/marine-works-environmental-impact-assessment-scotland-regulations-2017/regulation-9",
  "json_url": "https://openlegislation.uk/marine-works-environmental-impact-assessment-scotland-regulations-2017/regulation-9.json",
  "legislation": "ssi/2017/115",
  "legislation_title": "The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017",
  "legislation_url": "https://openlegislation.uk/marine-works-environmental-impact-assessment-scotland-regulations-2017",
  "path": "regulation/9",
  "kind": "regulation",
  "number": "9",
  "heading": "General provisions relating to screening",
  "text": "(1) When making a determination as to whether schedule 2 works or BBNJ works are an EIA project the Scottish Ministers must—\n(a) in all cases take into account—\n(i) such of the selection criteria set out in schedule 3 as are relevant to the works; and\n(ii) the available results of any relevant assessment; ...\n(b) where that determination is made following a request for a screening opinion under regulation 10(1), base their determination on the information provided in accordance with regulation 10(2) ; and\n(c) in the case of BBNJ works, have regard to any other matter necessary to give effect to Article 30(1)(b) of the Biodiversity Beyond National Jurisdiction Agreement.\n(2) Where the Scottish Ministers adopt a screening opinion—\n(a) that screening opinion must be accompanied by a written statement giving, with reference to the selection criteria set out in schedule 3 which are relevant to the works, the main reasons for their conclusions as to whether the works are, or are not, an EIA project; and\n(b) where the screening opinion is to the effect that the works are not an EIA project, the statement referred to in sub-paragraph (a) must state any features of the proposed works or proposed measures envisaged to avoid or prevent significant adverse effects on the environment.\n(2A) Where the Scottish Ministers adopt a screening opinion in relation to BBNJ works to the effect that the works are not an EIA project, the screening opinion must also contain provision stating whether the Scottish Ministers consider that—\n(a) the works may have more than a minor or transitory effect on the marine environment, or\n(b) the effects of the works are unknown or poorly understood.\n(2B) Terms used in paragraph (2A)(a) and (b) have the same meaning that they have in the Biodiversity Beyond National Jurisdiction Agreement (see in particular Article 30(1)).\n(3) The Scottish Ministers may adopt a screening opinion at their own volition.\n(4) As soon as possible after adopting a screening opinion, the Scottish Ministers must send a copy of the screening opinion and a copy of the written statement referred to in paragraph (2)(a) to—\n(a) the applicant; and\n(b) any relevant local planning authority.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 9(1) inserted (9.8.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 24(4)(a), 32(2) (with s. 30); S.I. 2026/827, reg. 2(j)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in reg. 9(1)(a)(ii) omitted (9.8.2026) by virtue of Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 24(4)(b), 32(2) (with s. 30); S.I. 2026/827, reg. 2(j)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 9(1)(c) and word inserted (9.8.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 24(4)(c), 32(2) (with s. 30); S.I. 2026/827, reg. 2(j)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 9(2A)(2B) inserted (9.8.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 24(4)(d), 32(2) (with s. 30); S.I. 2026/827, reg. 2(j)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2017/115/regulation/9",
    "retrieved_at": "2026-10-28T21:19:09.708852+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."
}