Environmental Assessment (Scotland) Act 2005

5 Qualifying plans and programmes

(1) In this Act, qualifying plans and programmes are plans and programmes of a description set out in subsection (3) or (4)—

(a) in respect of which the first formal preparatory act is on or after the coming into force of this section; and

(b) which are not exempt by virtue of section 7(1) or 8(2).

(2) But a plan or programme is a qualifying plan or programme only to the extent that it relates to matters of a public character.

(3) The description set out in this subsection is a plan or programme (to which this Act applies) which is required by a legislative, regulatory or administrative provision and—

(a) which—

(i) is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use; and

(ii) sets the framework for future development consent of projects listed in schedule 1;

(b) which, in view of the likely effect on sites, has been determined to require an assessment pursuant to Article 6 or 7 of Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna (as last amended by Council Directive 97/62/EC); or

(c) which does not fall within paragraph (a) or (b) but sets the framework for future development consent of projects.

(4) The description set out in this subsection is a plan or programme (to which this Act applies)—

(a) which is prepared by a responsible authority as specified in, or by virtue of, section 2(4); and

(b) which—

(i) is not a plan or programme of a description set out in subsection (3); and

(ii) is not of a type specified in, or by virtue of, section 6(1).

(5) The Scottish Ministers may by order modify schedule 1.