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Environmental Assessment (Scotland) Act 2005

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This is the original version (as it was originally enacted).

16Consultation procedures

This section has no associated Explanatory Notes

(1)As soon as reasonably practicable, and in any event within 14 days of the preparation of the environmental report, the responsible authority shall—

(a)send a copy of the report and the qualifying plan or programme to which it relates (“the relevant documents”) to the consultation authorities; and

(b)invite each consultation authority to express its opinion on the relevant documents within such period as the responsible authority may specify.

(2)The responsible authority shall also—

(a)within 14 days of the preparation of the environmental report, secure the publication of a notice—

(i)stating the title of the plan or programme to which it relates;

(ii)stating the address (which may include a website) at which a copy of the relevant documents may be inspected or from which a copy may be obtained;

(iii)inviting expressions of opinion on the relevant documents; and

(iv)stating the address to which, and the period within which, opinions must be sent;

(b)keep a copy of the relevant documents available at the authority’s principal office for inspection by the public at all reasonable times and free of charge; and

(c)display a copy of the relevant documents on the authority’s website.

(3)The periods referred to in subsections (1)(b) and (2)(a)(iv) must be of such length as will ensure that those to whom the invitation is extended are given an early and effective opportunity to express their opinion on the relevant documents.

(4)Publication of a notice under subsection (2)(a) shall be by such means (including publication in at least one newspaper circulating in the area to which the plan or programme relates) as will ensure that the contents of the notice are likely to come to the attention of the public—

(a)affected by or likely to be affected by; or

(b)having an interest in,

the plan or programme.

(5)Nothing in subsection (2)(a)(ii) shall require the responsible authority to provide a copy of any document free of charge; but where a charge is made, it shall be of a reasonable amount.

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