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The Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017

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PART 4MISCELLANEOUS

Revocation, saving and transitional provision

49.—(1) Subject to paragraphs (2) and (3), the 2006 Regulations are revoked.

(2) The 2006 Regulations continue to have effect as they did immediately before 16th May 2017 in respect of an application for consent made under regulation 11 of the 2006 Regulations where the applicant has before that date—

(a)submitted an environmental statement in connection with that application; or

(b)requested the Scottish Ministers under regulation 9 of the 2006 Regulations to adopt a scoping opinion in respect of the project to which the application relates.

(3) The 2006 Regulations continue to have effect as they did immediately before 16th May 2017 in respect of an application for a screening decision under regulation 7 of the 2006 Regulations made to the Scottish Ministers before that date.

(4) These Regulations (other than this regulation) do not apply in respect of—

(a)an application for consent to which the 2006 Regulations continue to have effect by virtue of paragraph (2); or

(b)an application for a screening decision to which the 2006 Regulations continue to have effect by virtue of paragraph (3).

(5) References in any enactment to an environmental statement prepared, or having effect as if prepared, in accordance with the 2006 Regulations are treated as including a reference to an EIA report prepared in accordance with these Regulations.

(6) In this regulation—

“the 2006 Regulations” means the Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006(1); and

“environmental statement” has the same meaning as in the 2006 Regulations.

50.—(1) Subject to paragraph (2), Part IV (drainage works) of the 1999 Regulations is revoked.

(2) Part IV of the 1999 Regulations continues to have effect as it did immediately before 16th May 2017 in respect of an application for an improvement order where the applicant has before that date—

(a)submitted an environmental statement in connection with that application; or

(b)requested the Scottish Ministers under regulation 56 of the 1999 Regulations to provide an opinion on the information to be supplied.

(3) These Regulations (other than this regulation) do not apply in respect of an application for consent for an improvement order to which Part IV of the 1999 Regulations continue to have effect by virtue of paragraph (2).

(4) References in any enactment to an environmental statement prepared, or having effect as if prepared, in accordance with the 1999 Regulations are treated as including a reference to an EIA report prepared in accordance with these Regulations.

(5) In this regulation—

“the 1999 Regulations” means the Environmental Impact Assessment (Scotland) Regulations 1999(2); and

“environmental statement” has the same meaning as in the 1999 Regulations.

51.—(1) Subject to paragraph (2)—

(a)the definition of “the EIA Directive” in regulation 2 (interpretation); and

(b)regulation 11(2)(f) (form and content of applications for authorisation),

of the 2011 Regulations are revoked.

(2) The provisions of the 2011 Regulations listed in paragraph (1) continue to have effect as they did immediately before 16th May 2017 in respect of an application for authorisation under regulation 11(1) of the 2011 Regulations where the applicant has before that date—

(a)submitted the environmental information required under regulation 11(2) of the 2011 Regulations in connection with that application; or

(b)requested the Scottish Environment Protection Agency under regulation 11(4) of the 2011 Regulations to provide a scoping opinion in respect of the activities to which the application relates.

(3) These Regulations (other than this regulation) do not apply in respect of an application for consent for an EIA project to which the 2011 Regulations continue to have effect by virtue of paragraph (2).

(4) References in any enactment (including an Act of the Scottish Parliament or an instrument under such an Act) to the environmental information provided, or having effect as if provided, in accordance with registration 11(2) of the 2011 Regulations are treated as including a reference to an EIA report prepared in accordance with these Regulations.

(5) In this regulation “the 2011 Regulations” means the Water Environment (Controlled Activities) (Scotland) Regulations 2011(3).

Consequential provision

52.  In article 3(10)(b) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992(4), for “Part IV of the Environmental Impact Assessment (Scotland) Regulations 1999” substitute “the Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017”.

Electronic communications – general

53.—(1) In these Regulations, and in relation to the use of electronic communications for any purpose in these Regulations which is capable of being effected electronically—

(a)the expression “address” includes any number or address used for the purposes of such communications, except that where these Regulations impose an obligation on any person to provide a name and address to any other person, the obligation will not be fulfilled unless the person on whom it is imposed provides a postal address; and

(b)references to applications, reports, statements, notices, directions or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.

(2) Paragraphs (3) to (8) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any report, statement, notice or other document to any other person (in this regulation referred to as “the recipient”).

(3) The requirement is deemed to be fulfilled (except in a case referred to in paragraph (4)) where the notice or other document transmitted by means of the electronic communication is—

(a)capable of being accessed by the recipient;

(b)legible in all material respects; and

(c)sufficiently permanent to be used for subsequent reference.

(4) The cases are—

(a)any requirement under regulation 19 including sending information to an EEA State; and

(b)any requirement under regulation 20 including submitting representations.

(5) In paragraph (3), “legible in all material respects” means that the information contained in the notice or other document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

(6) Where the electronic communication is received by the recipient—

(a)at any time before the end of a day which is a working day, it is deemed to have been received on that day;

(b)at any time during a day which is not working day, it is deemed to have been received on the next working day,

and for these purposes, “working day” means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under section 1 and paragraph 2 of schedule 1 of the Banking and Financial Dealings Act 1971(5), a day appointed for public thanksgiving or mourning or any other day which is a local or public holiday in an area in which the electronic communication is received.

(7) A requirement in these Regulations that any document should be in writing is fulfilled where that document meets the criteria in paragraph (3), and “written” and cognate expressions are to be construed accordingly.

(8) Where electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any report, statement or document, any such requirement may be complied with by sending one copy only of the report, statement or other document in question.

Electronic communications – deemed agreement

54.  Any person sending a document using electronic communications is deemed to have agreed—

(a)to the use of such communications for all purposes of these Regulations relating to a request for a screening opinion, application, notice or appeal which are capable of being carried out electronically;

(b)that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the request, application, notice or appeal; and

(c)that the person’s deemed agreement under this regulation subsists until the person gives notice in accordance with regulation 55 to revoke the agreement.

Withdrawal of consent to use of electronic communications

55.  Where a person is no longer willing to accept the use of electronic communications for any purpose which, under these Regulations, is capable of being carried out using such communications, that person must give notice in writing—

(a)withdrawing any address notified to the Scottish Ministers for that purpose; or

(b)revoking any agreement entered into or deemed to have been entered into with the Scottish Ministers for that purpose,

and such withdrawal or revocation will be final, and will take effect on a date specified by the person in the notice, being a date occurring after the period of 7 days, beginning with the date on which the notice is given.

Service of notices etc.

56.—(1) Any notice required to be given to any person by the Scottish Ministers, by virtue of these Regulations may be given by—

(a)delivering it to that person;

(b)leaving it at that person’s proper address;

(c)sending it by post or fax to that person’s proper address; or

(d)sending it by email to that person’s last known email address.

(2) For the purposes of paragraph (1)(a), a notice is delivered to—

(a)a body corporate where it is given to a relevant individual within that body;

(b)a partnership where it is given to a partner or a person having control or management of the partnership;

(c)an unincorporated association where it is given to an officer or a member of the governing body of the association or any other person having management responsibilities in respect of the association.

(3) For the purposes of paragraph (1)(b) and (c) and section 7 of the Interpretation Act 1978(6) (service of documents by post) in its application to this regulation, “proper address” means—

(a)in the case of a body corporate, the registered office (if it is in the United Kingdom) or the principal office of the body in the United Kingdom;

(b)in the case of a partnership, the principal office of the partnership;

(c)in the case of an unincorporated association, the principal office of the association;

(d)in any other case, a person’s last known address.

(4) For the purposes of paragraph (1)(d), a notice is sent to an email address of—

(a)a body corporate, where it is sent to an email address of—

(i)the body corporate; or

(ii)a relevant individual within that body,

where that address is supplied by that body for the conduct of the affairs of that body;

(b)a partnership, where it is sent to an email address of—

(i)the partnership; or

(ii)a partner or person having control or management of that partnership,

where that address is supplied by that partnership for the conduct of the affairs of the partnership;

(c)an unincorporated association, where it is sent to an email address of—

(i)an officer or member of the governing body of the association; or

(ii)any other person having management responsibilities in respect of the association,

where that address is supplied by that association for the conduct of the affairs of that association;

(d)a person other than a person mentioned in sub-paragraph (a), (b) or (c), where it is sent to an email address supplied by that person for the conduct of the affairs of that person.

(5) In this regulation—

(a)“partnership” includes a Scottish partnership; and

(b)“relevant individual” means—

(i)a director, manager, secretary or other similar officer of the body corporate; or

(ii)where the affairs of the body corporate are managed by its members, a member.

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