General provisions relating to screening
9.—(1) When making a determination as to whether schedule 2 works are an EIA project the Scottish Ministers must—
(a)in all cases take into account—
(i)such of the selection criteria set out in schedule 3 as are relevant to the works; and
(ii)the available results of any relevant assessment; and
(b)where that determination is made following a request for a screening opinion under regulation 10(1), base their determination on the information provided in accordance with regulation 10(2).
(2) Where the Scottish Ministers adopt a screening opinion—
(a)that screening opinion must be accompanied by a written statement giving, with reference to the selection criteria set out in schedule 3 which are relevant to the works, the main reasons for their conclusions as to whether the works are, or are not, an EIA project; and
(b)where the screening opinion is to the effect that the works are not an EIA project, the statement referred to in sub-paragraph (a) must state any features of the proposed works or proposed measures envisaged to avoid or prevent significant adverse effects on the environment.
(3) The Scottish Ministers may adopt a screening opinion at their own volition.
(4) As soon as possible after adopting a screening opinion, the Scottish Ministers must send a copy of the screening opinion and a copy of the written statement referred to in paragraph (2)(a) to—
(a)the applicant; and
(b)any relevant local planning authority.