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Section 20E Competent authority – avoidance of conflict of interestF1C1

(1)

The Scottish Ministers must perform their duties under Part III of this Act in an objective manner and so as not to find themselves in a situation giving rise to a conflict of interest.

(2)

Where the Scottish Ministers are considering whether to proceed with a new road construction project they must implement within their organisation of administrative competencies an appropriate separation between conflicting functions when performing their duties under F2this Part.

Annotations

Textual amendments

F1

Ss. 20A-20G substituted for ss. 20A, 20B (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 5 (with reg. 12)

F2

Words in s. 20E(2) substituted (31.12.2020) by The Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/415), regs. 1, 2(4); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1

Ss. 20A-20G power to amend or repeal conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 2 (with s. 247)

Notes on Part III

Textual amendments

F1

Ss. 22A, 22B inserted (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 6

Modifications

C1

Pt. III excluded (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 20(2), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.