OpenLegislation

Section 5 Cases where ... Member States are affectedF6I1C1

Scotland

(1)

The power to make rules under subsection (2) of section 4 includes power to make, for a case where an application has been made under that section and F1a Member State is affected by the project in question, rules as to—

(a)

the provision by the Scottish Ministers to—

(i)

the Member State,

(ii)

authorities in that state, or

(iii)

the public of that state,

of documents and information relating to the application,

(b)

consultation by the Scottish Ministers with the Member State in connection with the application, or

(c)

notification by the Scottish Ministers to the Member State of—

(i)

the decision, or

(ii)

matters relating to the decision,

on the application.

(2)

For the purposes of subsection (1), the cases where F2a Member State is affected by a project are those cases where—

(a)

it appears to the Scottish Ministers that the project would be likely to have significant effects on the environment in F3that Member State, or

(b)

F4that Member State is likely to be affected significantly by the project and requests information relating to the application.

(3)

In this section “Member State” includes a state which is a contracting party to the F5EEA Agreement.

Annotations

Textual amendments

F1

Word in s. 5(1) substituted (31.12.2020) by The Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/415), regs. 1, 3(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F2

Word in s. 5(2) substituted (31.12.2020) by The Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/415), regs. 1, 3(3)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3

Word in s. 5(2)(a) substituted (31.12.2020) by The Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/415), regs. 1, 3(3)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4

Word in s. 5(2)(b) substituted (31.12.2020) by The Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/415), regs. 1, 3(3)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in s. 5(3) substituted (7.12.2019) by The Environmental Impact Assessment (Transport) (Scotland) Regulations 2019 (S.S.I. 2019/322), regs. 1, 3(3)

F6

Word in s. 5 heading repealed (31.12.2020) by The Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/415), regs. 1, 3(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1

Ss. 3-10 applied (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 52(2)(3), 70(1)

Commencement

I1

S. 5 in force at 28.12.2007 by S.S.I. 2007/516, art. 2