22.—(1) Subject to paragraph (3), this regulation applies where a responsible authority proposes to prepare, modify or review a relevant plan or programme.
(2) Where this regulation applies, the responsible authority must—
(a)take such measures as they consider appropriate to ensure that public consultees are given early and effective opportunities to participate in the preparation, modification or review of the relevant plan or programme; and
(b)in doing so, take such measures as they consider appropriate to ensure that—
(i)public consultees are informed of any proposals to prepare, modify or review a relevant plan or programme;
(ii)relevant information about such proposals is made available to public consultees, including information about the right to participate in decision-making and about the authority to which comments or questions may be submitted;
(iii)public consultees are entitled to express comments and opinions when all options are open before decisions on the relevant plan or programme are made; and
(iv)any periods provided for public participation under this regulation allow public consultees sufficient time to prepare and participate in decision-making in relation to the relevant plan or programme;
(c)take into account the results of the public participation in making those decisions; and
(d)take such measures as it considers appropriate to inform the public consultees about the decisions taken and the reasons on which those decisions are based, including information about the public participation process.
(3) This regulation does not apply to a relevant plan or programme in relation to which a public participation procedure is carried out under the Environmental Assessment (Scotland) Act 2005(1).
(4) In this regulation—
“public consultees” means persons of whom the responsible authority is aware, including any non-governmental organisation promoting environmental protection, who are affected or likely to be affected by, or have an interest in, the relevant plan or programme in question;
“relevant plan or programme” means a general plan or programme relating to—
planning for new establishments pursuant to Article 13 of the Directive; or
new developments around establishments where the siting or developments may increase the risk or consequences of a major accident pursuant to Article 13 of the Directive; and
“responsible authority” means—
the authority by which or on whose behalf a relevant plan or programme is prepared; and
where, at any particular time, that authority ceases to be responsible, or solely responsible, for taking steps in relation to the plan or programme, the person who, at that time, is responsible (solely or jointly with the authority) for taking those steps.
(5) This regulation applies to a relevant plan or programme relating solely to the whole or any part of Scotland.
(6) Any steps taken before the commencement date in relation to a relevant plan or programme may be treated as steps taken for the purposes of this regulation.