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The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000

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Procedure where Scottish Ministers receive an environmental statement

11.—(1) Where an applicant submits to the Scottish Ministers an environmental statement relating to an application for a section 36 consent or section 37 consent and also serves a copy of the environmental statement on any appropriate consultative body, he shall–

(a)serve with it a copy of the application and any plan submitted with it (unless he has already served those documents on the consultative body in question);

(b)inform the consultative body that representations may be made to the Scottish Ministers; and

(c)inform the Scottish Ministers of the name of every consultative body whom he has so served and of the date on which he did so.

(2) Where the Scottish Ministers receive an environmental statement in connection with an application for a section 36 consent or section 37 consent they shall, within two weeks of receiving the environmental statement–

(a)give notice to–

(i)the appropriate consultative bodies upon whom the applicant has not served a copy of the environmental statement; and

(ii)any other person that in their opinion is likely to be concerned by the proposed development by reason of his specific environmental responsibilities

that an environmental statement will be taken into consideration in determining the application, ascertain whether any such consultative body or person wishes to receive a copy of the environmental statement and inform them that they may make representations or express their views; and

(b)give the applicant notice of the copies of the environmental statement required by those consultative bodies or persons and of the names and addresses of the consultative bodies or persons concerned.

(3) The applicant shall serve copies of the environmental statement on any consultative body or person of whom he receives notice pursuant to paragraph (2)(b) and shall inform the Scottish Ministers of the date on which he did so.

(4) The Scottish Ministers shall not determine the application until the later of fourteen days from the last date on which a copy of the environmental statement was served in accordance with this regulation and the date stated on the notice published by the applicant pursuant to regulation 9(1).

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