SCHEDULE 2Flood protection schemes: procedure etc.
7Ministerial consideration of proposed scheme
1
This paragraph applies where the Scottish Ministers are required under paragraph 6(1), or decide under paragraph 6(2), to consider the proposed scheme.
2
The Scottish Ministers must cause a public local inquiry to be held unless all objections made by relevant objectors have been withdrawn.
3
Subsections (2) to (9) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) (which relate to the holding of local inquiries) apply in relation to a public local inquiry held under sub-paragraph (2) as they apply in relation to local inquiries held under that section.
4
After considering the material received under paragraph 5(5) and the report of the person who held the public local inquiry (if one was held), the Scottish Ministers must—
a
confirm the scheme without modification,
b
confirm the scheme with modifications, or
c
reject the scheme.
5
The Scottish Ministers may not confirm a scheme with modifications unless they have—
a
given notice of the proposed modification to the relevant objectors and anyone else the Scottish Ministers consider is affected by them at least 28 days before confirming the scheme,
b
given those persons an opportunity to make objections about the proposed modifications, and
c
considered any objections so made.
6
The Scottish Ministers must notify the local authority of their decision as soon as reasonably practicable after making it.