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The Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004

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17.—(1) Before deciding on–

(a)the scope and level of detail of the information that must be included in the environmental report to be prepared under regulation 16, and

(b)the consultation period it intends to–

(i)specify under regulation 18(2); and

(ii)notify under regulation 18(3)(a)(iv),

the responsible authority shall send to the consultation authorities sufficient details of the plan or programme in respect of which an environmental assessment is to be prepared to enable them to form a view on those matters.

(2) Each consultation authority shall send to the responsible authority its views on the matters referred to in paragraph (1) within the period of 5 weeks beginning with the date on which the details referred to in paragraph (1) are received by the consultation authority, and shall copy those views to the other consultation authorities.

(3) The responsible authority shall–

(a)take account of the views expressed by the consultation authorities under paragraph (2) on the scope and level of detail to be included in the report, and

(b)advise the Scottish Ministers of the period it intends to specify under regulation 18(2) and notify under regulation 18(3)(a)(iv).

(4) If the Scottish Ministers consider that a period referred to in paragraph (3)(b) is not likely to give the consultation authorities or the public affected or likely to be affected by, or having an interest in, the plan or programme, as the case may be, an early and effective opportunity to express their opinion on the plan or programme and the accompanying environmental report, they shall, within 7 days of receipt of the advice under paragraph (3)(b), specify such other period as they consider will give the consultation authorities, or the public, as the case may be, such an early and effective opportunity.

(5) Where the Scottish Ministers have specified a period under paragraph (4), the responsible authority shall specify under regulation 18(2), or notify under regulation 18(3)(a)(iv), as the case may be, that period.

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