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Environmental Assessment (Scotland) Act 2005

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5Qualifying plans and programmesS

This section has no associated Explanatory Notes

(1)In this Act, qualifying plans and programmes are plans and programmes of a description set out in subsection (3) or (4)—

(a)in respect of which the first formal preparatory act is on or after the coming into force of this section; and

(b)which are not exempt by virtue of section 7(1) or 8(2).

(2)But a plan or programme is a qualifying plan or programme only to the extent that it relates to matters of a public character.

(3)The description set out in this subsection is a plan or programme (to which this Act applies) which is required by a legislative, regulatory or administrative provision and—

(a)which—

(i)is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use; and

(ii)sets the framework for future development consent of projects listed in schedule 1;

(b)which, in view of the likely effect on sites, has been determined to require an assessment pursuant to [F1any retained EU law extending to Scotland which implemented] Article 6 or 7 of Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna (as last amended by [F2Council Directive 2013/17/EU]); or

(c)which does not fall within paragraph (a) or (b) but sets the framework for future development consent of projects.

(4)The description set out in this subsection is a plan or programme (to which this Act applies)—

(a)which is prepared by a responsible authority as specified in, or by virtue of, section 2(4); and

(b)which—

(i)is not a plan or programme of a description set out in subsection (3); and

(ii)is not of a type specified in, or by virtue of, section 6(1).

(5)The Scottish Ministers may by order modify schedule 1.

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