Environmental Assessment (Scotland) Act 2005

11 Directions as regards plans and programmes

(1) The Scottish Ministers may at any time direct a responsible authority to send to them a copy of any plan or programme which—

(a) is being prepared;

(b) has been adopted; or

(c) has been submitted to a legislative procedure for the purposes of its adoption,

by that responsible authority.

(2) The Scottish Ministers shall consider any plan or programme sent to them under subsection (1), together with such information relating to it as they may reasonably require the responsible authority to provide.

(3) Where the Scottish Ministers consider that the plan or programme falls within—

(a) section 5(3)(a) or (b), they may direct the responsible authority to carry out an environmental assessment in accordance with this Act;

(b) paragraphs (a) to (d) of subsection (1) of section 8, they may direct the responsible authority to carry out a determination in accordance with that subsection.

(4) Where subsection (3) applies, the Scottish Ministers shall send to the responsible authority a summary of the reasons as to why a direction was, or (as the case may be) was not, made.

(5) A responsible authority shall comply with any direction given to it under subsection (1) or (3).