The Low Emission Zones (Scotland) Regulations 2021

Examination of proposals

6.—(1) Where an initiating party intends to appoint a reporter to carry out an examination under section 12(2) of the Act in relation to a proposal to make a scheme, that party must give notice in writing of its intention to—

(a) the Scottish Ministers, if the initiating party is the local authority proposing to make the scheme,

(b) the local authority, if the initiating party is the Scottish Ministers,

(c) any person consulted under section 11 of the Act,

(d) each person who objected to the proposal to make the scheme under regulation 4.

(2) The notice referred to in paragraph (1) must be accompanied by—

(a) a statement setting out full details of the matters the initiating party considers require to be taken into account by the reporter in examining the proposal to make the scheme,

(b) a statement as to which of the procedures specified in section 12(3) of the Act(1) the initiating party considers is appropriate in the circumstances,

(c) all documents, materials and evidence upon which the initiating party intends to rely in the examination,

(d) copies of the statement referred to in section 10(2) of the Act, and the report referred to in regulation 4(4), if these are available,

(e) where the statement referred to in sub-paragraph (b) indicates that—

(i) a hearing under section 12(3)(b) of the Act is sought, a list of any persons whom the initiating party wishes to provide a written statement for the purposes of the hearing, or

(ii) an inquiry under section 12(3)(c) of the Act is sought, a list of any persons whom the initiating party wishes to give evidence at the inquiry, any matters which those persons are particularly to address,

and any relevant qualifications those persons have to do so.

(3) All matters which the initiating party intends to raise in the examination must be set out in the statement referred to in paragraph (2)(a), or in the documents which accompany that statement.

(4) If the statement and report referred to in paragraph (2)(d) have already been sent to the Scottish Ministers, paragraph (2)(d) does not require them to be re-sent to the Scottish Ministers.

(1)

2019 asp 17.