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

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Confirmation of modifications to a scheme with an environmental statement

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8.—(1) This regulation applies where—

(a)a local authority or the Scottish Ministers intend to confirm a proposed flood protection scheme with modifications under paragraph 7(4)(b) or 9(1)(b) of schedule 2 to the Act; and

(b)an environmental statement has been prepared in respect of the modified scheme.

(2) The local authority must—

(a)give notice of the modified scheme in accordance with paragraphs 1(1), (2) and (4) of schedule 2 to the Act; and

(b)make a copy of the scheme documents and the environmental statement available for public inspection in accordance with paragraph 2 of schedule 2 to the Act.

(3) A notice under paragraph (2)(a) must—

(a)comply with paragraph 1(3) of schedule 2 to the Act; and

(b)contain a statement—

(i)that the proposed scheme has been modified;

(ii)describing the modifications;

(iii)explaining the reasons for the modifications;

(iv)that the modified scheme is likely to have a significant effect on the environment;

(v)that the scheme documents are accompanied by an environmental statement which is available for public inspection;

(vi)describing the circumstances under the Act in which the Scottish Ministers may cause a public inquiry into the application; and

(vii)setting out the nature of possible decisions that may be taken in relation to the modified scheme.

(4) Subject to paragraph (5), paragraph 3 of schedule 2 to the Act applies to objections to a modified scheme as it applies to objections to a proposed flood protection scheme.

(5) An objection to a modified scheme is valid if it—

(a)is made in writing;

(b)sets out the name and address of the objector; and

(c)is made before the expiry of the period of 28 days beginning with the date notice of the modified scheme is first published under paragraph 1(1)(a) of schedule 2 to the Act.

(6) Neither the local authority nor the Scottish Ministers may confirm a modified scheme in respect of which an environmental statement has been prepared unless at least 28 days have elapsed since the date notice of the modified scheme is first published under paragraph 1(1)(a) of schedule 2 to the Act.

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