Environmental Assessment (Scotland) Act 2005 Explanatory Notes

1. Introduction

2. Background

3. The Act

4. Commentary on Sections

   1. The Main Provisions of the Act

5. The Act – Section by Section

   1. Part 1 – Environmental Assessment for Plans and Programmes

      1. Section 1 – Requirement for environmental assessment

      2. Section 2 – Responsible Authorities

      3. Section 3 – Consultation Authorities

      4. Section 4 – Plans and programmes

      5. Section 5 – Qualifying plans and programmes

      6. Section 6 – Types of excluded Plans and programmes

      7. Section 7 – Exemptions: pre-screening

      8. Section 8 – Exemptions: screening

      9. Section 9 – Screening: procedure

      10. Section 10 – Screening: publicity for determinations

      11. Section 11 – Directions as regards plans and programmes

      12. Section 12 – Restriction on adoption or submission

      13. Section 13 – Relationship with Community Law requirements

   2. Part 2 – Environmental Reports and Consultation

      1. Section 14 – Preparation of environmental report

      2. Section 15 – Scoping

      3. Section 16 – Consultation procedures

      4. Section 17 – Account to be taken of environmental report etc.

   3. Part 3 – Post-Adoption Procedures

      1. Section 18 – Information as to adoption of a qualifying plan or programme

      2. Section 19 – Monitoring the implementation of qualifying plans and programmes

   4. Part 4 – Miscellaneous

      1. Section 20 – Annual Reports

   5. Part 5 – General Provisions

      1. Section 21 – Crown Application

      2. Section 22 & 23 – Orders and Ancillary provision

      3. Section 24 – Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004

      4. Sections 25 and 26 – Interpretation, Commencement and short title

6. Schedules

   1. Schedule 1 – Projects

   2. Schedule 2 – Criteria for determining likely significance of effects on the environment

   3. Schedule 3 – Information for Environmental Reports

7. Parliamentary History of the Environmental Assessment (Scotland) Act 2005