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Scottish Statutory Instruments

2011 No. 139

Town And Country Planning

The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011

Made

21st February 2011

Laid before the Scottish Parliament

23rd February 2011

Coming into force

1st June 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1), section 56 of the Finance Act 1973(2), section 40 of the Town and Country Planning (Scotland) Act 1997(3) and all other powers enabling them to do so.

They have taken into account the selection criteria in Annex III to Council Directive on the assessment of the effects of certain public and private projects on the environment (85/337/EEC)(4).

(1)

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3), the Legislative and Regulatory Reform Act 2006 (c.51), section 27, and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The functions conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

1973 c.51, to which there are amendments not relevant to these Regulations. The functions conferred upon the Minister of the Crown under section 56 of the Finance Act 1973, insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain Treasury consent was removed by section 55 of that Act.

(3)

1997 c.8. Section 40 was amended by the Water Environment and Water Services (Scotland) Act 2003 (asp 3), section 24(3). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

(4)

O.J. No. L 175, 5.7.1985, p.40, last amended by Directive 2009/31/EC.