The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Roads (Scotland) Act 1984 (“the Act”).

The Regulations implement, in relation to construction projects for new roads to which Part III of the Act applies, and improvement and maintenance projects for roads to which Part IV of the Act applies, Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment as amended by Council Directive 2014/52/EU.

Regulation 5 substitutes new sections 20A to 20G into Part III of the Act to include the following requirements–

• Section 20A prohibits the Scottish Ministers as roads authority from proceeding with a project for the construction of a new road for which an environmental impact assessment is required unless an environmental impact assessment has been carried out.

• Section 20B sets out the requirements for an environmental impact assessment.

• Section 20C sets out the procedures for determining whether an environmental impact assessment is required in relation to a project for the construction of a new road, the content and publication requirements for the environmental impact assessment report, and the consultation requirements on the Scottish Ministers as roads authority for the project.

• Section 20D requires the Scottish Ministers, where appropriate, to co-ordinate the environmental impact assessment with any assessment to be carried out in accordance with the Conservation (Natural Habitats, &c.) Regulations 1994.

• Section 20E requires the Scottish Ministers as competent authority to carry out their duties in a manner which will not give rise to conflicts of interest.

• Section 20F sets out the procedures to be followed where a project for the construction of a new road is likely to have a significant effect on the environment of another EEA State.

• Section 20G sets out requirements for the Scottish Ministers as roads authority to ensure that the effects of a new road construction project on the environment are monitored, where appropriate.

Regulation 6 inserts a new section 22A and 22B into Part III of the Act to make providing false information, or withholding material information with intent to deceive, for the purposes of procuring a particular decision in relation to a project for the construction of a new road, a criminal offence.

Regulation 7 substitutes new section 55A, 55B, 55C and 55D into Part IV of the Act to include the following requirements–

• Section 55A mirrors section 20C for the purposes of roads improvement and maintenance projects for which the Scottish Ministers are roads authority.

• Section 55B applies the requirements of sections 20A, 20B and 20D to 20G to roads improvement and maintenance projects for which the Scottish Ministers are roads authority.

• Section 55C makes providing false information, or withholding material information with intent to deceive, for the purposes of procuring a particular decision in relation to a project for the improvement or maintenance of a road, a criminal offence.

Regulation 8 updates section 151 (interpretation) of the Act to account for changes to the Act made by these Regulations.

Regulations 9 and 10 update paragraphs 7 (new road construction projects) and 13 (road improvement and maintenance projects) of schedule 1 of the Act in relation to the procedures and information to be included in decision notices issued by the Scottish Ministers as roads authority for the project.

Regulation 11 inserts a new schedule 1A into the Act as regards information to be provided in environmental impact assessment reports.

Regulation 12 contains transitional and saving provisions.

A Business and Regulatory impact assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from Transport Scotland, Buchanan House, 58 Port Dundas Road, Glasgow, G4 0HF.