The Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Regulations 2010

Decision notice: supplementary S

[F1 10.— (1) Paragraphs (2) to (8) apply where a local authority is required to prepare an EIA report in respect of a proposed scheme or a modified scheme and either—

(a) the local authority makes a decision to confirm or reject the scheme under paragraph 4(1) or 9(1) of schedule 2 of the Act; or

(b) the Scottish Ministers make a decision to confirm or reject the scheme under paragraph 7(4) of that schedule.

(2) Where the Scottish Ministers make the decision under paragraph 7(4) of schedule 2 of the Act, they must inform the local authority of the decision.

(3) The decision notice must include the information specified in paragraph (4).

(4) The information is—

(a) a description of the scheme;

(b) the terms of the decision;

(c) the main reasons and considerations on which the decision is based;

(d) information about the arrangements taken to ensure the public had the opportunity to participate in the decision making procedures;

(e) a summary of—

(i) the environmental information in respect of the scheme; and

(ii) the results of the consultations and information gathered pursuant to regulations 6 to 8 (as read with paragraphs 1 to 3 of schedule 2 of the Act) and how those results have been incorporated or otherwise addressed;

(f) if the decision is to confirm the scheme—

(i) the reasoned conclusion (referred to in regulation 2A(1)(d)) in respect of the scheme;

(ii) a statement that the local authority is or, as the case may be, the Scottish Ministers are satisfied that the reasoned conclusion is still up to date;

(iii) a description of any mitigation measures; and

(iv) a description of any monitoring measures required under regulation 10A; and

(g) information regarding the right to challenge the validity of the decision and the procedures for doing so.

(5) As soon reasonably practicable after the decision is made in respect of the scheme—

(a) the decision notice must be given by the local authority in accordance with paragraph 10 of schedule 2 of the Act (as read with paragraphs (3) and (4)); and

(b) the local authority must—

(i) send a copy of the decision notice to the Scottish Ministers;

(ii) inform the public and each consultative body of the decision and where a copy of decision notice may be inspected, by publishing a notice on a website which is accessible to the public or in a newspaper circulating in the locality of the scheme or by such other means as are reasonable in the circumstances; and

(iii) make a copy of the decision notice available for public inspection at an office of the local authority and on a website which is accessible to the public.

(6) For the purposes of paragraph (4)(f)(i), the reasoned conclusion is still up to date if the local authority is or, as the case may be, the Scottish Ministers are satisfied, having regard to current knowledge and methods of assessment, that the reasoned conclusion addresses the likely significant effects on the environment of the scheme.

(7) In this regulation “the decision notice”, in respect of a proposed scheme or a modified scheme, means the notice of the decision in respect of the scheme under paragraph 10(1) of schedule 2 of the Act.

(8) In this regulation and in regulation 10A—

“mitigation measures” means any features of the scheme and any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment of the scheme; and

“monitoring measures” means measures requiring the monitoring of any significant adverse effects on the environment of the scheme.]

Textual Amendments

F1 Regs. 3-10E substituted for regs. 3-10 (16.5.2017) by The Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/112), regs. 1(1), 3 (with reg. 7)