Environmental Assessment (Scotland) Act 2005

SCHEDULE 2 S Criteria for determining the likely significance of effects on the environment

(introduced by section 7(2))

1 S The characteristics of plans and programmes, having regard, in particular to—

(a) the degree to which the plan or programme sets a framework for projects and other activities, either with regard to the location, nature, size and operating conditions or by allocating resources;

(b) the degree to which the plan or programme influences other plans and programmes including those in a hierarchy;

(c) the relevance of the plan or programme for the integration of environmental considerations in particular with a view to promoting sustainable development;

(d) environmental problems relevant to the plan or programme; and

(e) the relevance of the plan or programme for the implementation of [F1 [F2 assimilated] law] on the environment (for example, plans and programmes linked to waste management or water protection).

Textual Amendments

F1 Words in sch. 2 para. 1(e) substituted (31.12.2020) by The Environmental Assessment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/178), regs. 1(2)(b), 3(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in sch. 2 para. 1(e) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 1 para. 5(7)

Commencement Information

I1 Sch. 2 para. 1 in force at 20.2.2006 by S.S.I. 2006/19, art. 2

2 S Characteristics of the effects and of the area likely to be affected, having regard, in particular, to—

(a) the probability, duration, frequency and reversibility of the effects;

(b) the cumulative nature of the effects;

(c) the transboundary nature of the effects;

(d) the risks to human health or the environment (for example, due to accidents);

(e) the magnitude and spatial extent of the effects (geographical area and size of the population likely to be affected);

(f) the value and vulnerability of the area likely to be affected due to—

(i) special natural characteristics or cultural heritage;

(ii) exceeded environmental quality standards or limit values; or

(iii) intensive land-use; and

(g) the effects on areas or landscapes which have a recognised national F3 ... or international protection status.

Textual Amendments

F3 Word in sch. 2 para. 2 omitted (31.12.2020) by virtue of The Environmental Assessment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/178), regs. 1(2)(b), 3(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I2 Sch. 2 para. 2 in force at 20.2.2006 by S.S.I. 2006/19, art. 2