The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007

Further information and notices S

15.— [F1 (1) This rule applies where the Scottish Ministers are dealing with an EIA application.

(2) In order to ensure the completeness and quality of the EIA report, the Scottish Ministers must (having regard in particular to current knowledge and methods of assessment) direct the applicant to provide supplementary information about any matter to be included in the EIA report in accordance with rule 9(2) which in the opinion of the Scottish Ministers is directly relevant to reaching a reasoned conclusion on the significant effects of the proposed works on the  environment.]

(3) Where any such direction as is mentioned in paragraph F2 ... (2) has been given by the Scottish Ministers, the applicant shall comply with the requirements of that direction within such period as may be specified in that direction by the Scottish Ministers or if no such period is specified as soon as is reasonably practicable to do so.

(4) Where information is provided by the applicant pursuant to paragraphs (1) to (3), the applicant shall–

(a) publish, in at least one newspaper circulating in the areas to which the information is relevant, a notice in the form of Form 5 in Schedule 2;

(b) serve a copy of the information on each person on whom, in accordance with these Rules, a copy of the applicant's [F3 EIA report] was served together with a notice in the form of Form 5 in Schedule 2;

(c) provide a copy or an additional copy of the information, or any part of the information, to any person who requests it, subject to the payment by that person of a reasonable charge for the provision of any such copy or additional copy; and

(d) provide the Scottish Ministers with 4 copies of the information.

[F4 (4A) Where supplementary information is provided to the Scottish Ministers pursuant to paragraphs (1) to (3) or (6), the Scottish Ministers must publish on the website referred to in rule 5(17)(c) the information referred to in Form 5 of schedule 2.]

(5) The Scottish Ministers may direct an applicant to produce such evidence, to verify any information in the applicant's statement of environmental information or in any further information provided as a consequence of a direction given under paragraph (1) or (2), as the Scottish Ministers may require.

(6) Where, after making an application–

(a) an applicant submits to the Scottish Ministers further environmental information in relation to that application otherwise than in pursuance of a direction under paragraph F5 ... (2); or

(b) any other person submits further environmental information relevant to that application,

the Scottish Ministers may require the applicant to comply with the steps set out in paragraph (4) in respect of that further information.

(7) Where further information is provided or submitted as mentioned in this rule in a case falling within rule 14(1)(b) or (c), the Scottish Ministers may send that further information to the Member State in question as soon as reasonably practicable and may comply with the requirements of rule 14(7), on the basis that the documents and information mentioned in that rule shall be the further information provided or submitted.

Textual Amendments

F1 Rule 15(1)(2) substituted (16.5.2017) by The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Amendment Rules 2017 (S.S.I. 2017/74), rules 1, 13(a) (with rule 19)

F2 Words in rule 15(3) omitted (16.5.2017) by virtue of The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Amendment Rules 2017 (S.S.I. 2017/74), rules 1, 13(b) (with rule 19)

F3 Words in rule 15(4)(b) substituted (16.5.2017) by The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Amendment Rules 2017 (S.S.I. 2017/74), rules 1, 13(c) (with rule 19)

F4 Rule 15(4A) inserted (16.5.2017) by The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Amendment Rules 2017 (S.S.I. 2017/74), rules 1, 13(d) (with rule 19)

F5 Words in rule 15(6)(a) omitted (16.5.2017) by virtue of The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Amendment Rules 2017 (S.S.I. 2017/74), rules 1, 13(e) (with rule 19)